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SC Administrative Law Court Decisions

CAPTION:
Tom Maynard and Katherine Stephens vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Appellant:
Tom Maynard and Katherine Stephens

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
97-ALJ-09-0471-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

In the above-captioned case, Appellants object to the denial of their claims for benefits filed pursuant to The Insurer's Supervision, Rehabilitation, and Liquidation Act. See S.C. Code Ann. § 38-27-10, et seq. (Supp. 1997).

A Court has the duty to determine whether it has jurisdiction of a matter. Bridges v. Wyandotte Worsted Co., 243 S.C. 1, 132 S.E.2d 18 (1963). After telephone conferences with the attorneys involved and careful review of this case, this tribunal finds that this matter is not properly before the Administrative Law Judge Division. Instead, this matter should be brought in the Richland County Court of Common Pleas. See S.C. Code Ann. § 38-27-60(8) (Supp. 1997). Further, the parties entered into a Stipulation of Dismissal, filed January 19, 1998.

IT IS THEREFORE ORDERED that this matter is hereby dismissed.

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667

February 10, 1998

Columbia, South Carolina


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