facts entered into by the parties, there being virtually no dispute as to the facts. The defendants operated a club known as "Fountain Bleau Club" in or near the City of Columbia, and in this action plaintiff seeks to recover damages allegedly sustained as the result of her falling down a stairway while a guest in said club. At the time of the alleged incident and injury defendants had liability coverage with Great Central Insurance Company, the home office of which is in Peoria, Illinois. The insurer had no regular counsel in South Carolina, but did have an adjuster and agents in the Columbia area.
Plaintiff sought to commence the action on July 18, 1967 by serving a summons, but no complaint, on the defendants, the summons which wasthe matter, was away on vacation, and he undertook to take the matter up with a Mr. Brown, Regional Manager for the insurer in South Carolina, but was unable to contact him until August 2nd. On that date, on the advice of Mr. Brown, the defendant Carrie Weathers sent the summons to the home office of the insurer in Peoria, Illinois, by airmail, but it was not received in that office until August 7th, where it received the prompt attention of a Mr. Gregory in the Claims Department, who had supervision over all claims arising in South Carolina. It should be possibly noted at this point that August 7th was the twentieth day following the service of the summons, exclusive of the date of service. Mr. Gregory examined