Case Briefs

The South Carolina Supreme Court has withdrawn its prior decision in Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurance Co., No. 26909, 2011 WL 93716 (S.C. Jan. 7, 2011), issuing a new opinion concluding that negligent or defective construction resulting in damage to otherwise non-defective components may constitute “property damage,” and thus, an “occurrence” under a commercial general liability policy. Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurance Co., No. 26909 (S.C. Aug. 22, 2011). The court also held that a pro rata allocation was appropriate under South Carolina law, and in so doing, overruled its previous decision in Century Indemnity Co. v. Golden Hills Builders, Inc., 348 S.C. 559, 561 S.E.2d 355 (2002).