In Liberty Mutual Fire Insurance Company v. J M smith Corporation, No. 7:12-2824-TMC, 2013 WL 5372768 (D.S.C.), Liberty Mutual filed a declaratory judgment action against its insured in South Carolina Federal Court. The suit sought a finding that the State of West Virginia’s suit against J M Smith did not invoke the defense obligation of a… Continue Reading
No Coverage for Tearing Down Barn Apartment that Violated Building Code
UPDATE as of July 31, 2014: On December 12, 2012, the plaintiffs petitioned the South Carolina Supreme Court to issue a writ of certiorari. The Supreme Court granted certiorari on June 25, 2014. Accordingly, this decision may be modified or reversed in the future. The South Carolina Court of Appeals recently held that a general… 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
