A D&O endorsement excluded coverage for claims alleging damage to other property as a result of defective design or construction. According to a May 8, 2013 opinion of the S.C. Court of Appeals, coverage for allegations against the insured for breach of fiduciary duty, however, was not excluded. In Pulliam v. Travelers Indemnity Co., individual… Continue Reading
S.C. Supreme Court Rules on Statute Requiring CGL Policies to Contain a Specific Definition of “Occurrence”
S.C. Statute Requiring CGL Policies to Contain a Specific Definition of “Occurrence” Held Constitutional; Retroactive Application of Statute Held Unconstitutional In a recent decision, Harleysville Mutual Insurance Co. v. South Carolina, (Opinion 27189, Nov. 21, 2012), the South Carolina Supreme Court held S.C. Code § 38-61-70,[http://www.scstatehouse.gov/sess119_2011-2012/bills/431.htm] which addresses the definition of “occurrence” in commercial general… Continue Reading
South Carolina Supreme Court Decision Analyzes Insurance Coverage for Progressive Damage Cases
Post by Pete Dworjanyn The South Carolina Supreme Court has issued an opinion holding that defective construction resulting in property damage to non-defective components may be covered by a general liability policy. On August 22, 2011, the court withdrew its January 7, 2011, opinion in Crossmann Communities v. Harleysville Mutual Insurance Company and replaced it… Continue Reading
