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’s CGL policies cover the actual damages (allocated by a time‑on‑the‑risk formula) and punitive damages, but held that Harleysville failed to properly reserve its right to contest coverage of actual damages. The Court also affirmed the time‑on‑the‑risk allocation for actual and loss‑of‑use damages while rejecting its application to punitive damages.