Supreme Court of South Carolina

Harleysville Group Ins. v. Heritage Communities, Inc.

January 11, 2017

Summary

The South Carolina Supreme Court affirmed the special referee's findings that Harleysville failed to adequately reserve its right to contest coverage of actual damages, that punitive damages are covered under the CGL policies, that punitive damages are not subject to the time‑on‑the‑risk allocation, and that the time‑on‑the‑risk formula applies to the actual and loss‑of‑use damages. The Court affirmed the Magnolia North judgment and affirmed as modified the Riverwalk judgment.