Harleysville Group Insurance, a Pennsylvania Corporation, Appellant/respondent v. Heritage Communities, Inc., A…

Summary

The South Carolina Supreme Court affirmed the Special Referee’s findings, holding that Harleysville’s reservation of rights letters were insufficient, that punitive damages are covered under the CGL policies, that punitive damages do not fall within the expected‑or‑intended exclusion, that loss‑of‑use damages are subject to the time‑on‑the‑risk allocation, and that punitive damages are not subject to that allocation. Justice Pleicones dissented, arguing the POAs lack standing and the letters were adequate.