Covil Corporation v. Pennsylvania National Mutual Casualty Insurance Company

Summary

The South Carolina Supreme Court affirmed the Court of Appeals’ decision, modifying it to require Pennsylvania National to indemnify Covil despite untimely notice. The Court held that the notice‑prejudice rule does not apply when no innocent third‑party rights are at stake and that Covil’s failure to give prompt 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.