Covil Corporation v. Pennsylvania National Mutual Casualty Insurance Company

Summary

The South Carolina Supreme Court affirmed, as modified, the lower courts' judgment that Pennsylvania National must indemnify Covil despite untimely notice of the Rollins lawsuit. The Court held that the notice‑prejudice rule does not apply where no innocent third‑party rights are implicated and that Covil’s failure to give timely notice was not a material breach of the insurance contract. It also affirmed that summary judgment was not premature and that the policy’s Products Hazard and Completed Operations Hazard exclusions do not bar coverage.