Supreme Court of South Carolina

PCS Nitrogen, Inc. v. Continental Casualty Company

April 13, 2022

Summary

The South Carolina Supreme Court held that the 1986 assignment of insurance rights by Old CNC was a valid post‑loss assignment, so insurer consent was not required. It defined the loss as occurring at the time of the contaminant discharge (the occurrence), not when a judgment or settlement is entered. The Court reversed the Court of Appeals and remanded for further determination of PCS’s coverage claim.