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HARLEYSVILLE MUT. INS. CO. v. STATE

No. 27189.

401 S.C. 15 (2012)

736 S.E.2d 651

HARLEYSVILLE MUTUAL INSURANCE COMPANY, Petitioner, v. The STATE of South Carolina; The South Carolina Department of Insurance; David Black, in his Official Capacity as Director of the South Carolina Department of Insurance; Crossmann Communities of North Carolina, Inc.; and Beazer Homes Corp., Respondents.

Supreme Court of South Carolina.

Decided November 21, 2012.

Attorney(s) appearing for the Case

C. Mitchell Brown , Dwight F. Drake , William C. Wood, Jr. , Michael J. Anzelmo , all of Nelson Mullins Riley & Scarborough, of Columbia, for Petitioner.

Charles E. Carpenter, Jr. and Carmen V. Ganjehsani , both of Carpenter Appeals & Trial Support, for SC Department of Insurance and David Black, Director; Attorney General Alan Wilson , Deputy Attorney General Robert D. Cook , and Assistant Deputy Attorney General J. Emory Smith, Jr. , all of Columbia, for State of South Carolina; Wallace K. Lightsey and William M. Wilson, III , both of Wyche, PA, of Greenville, for Crossmann Communities of North Carolina and Beazer Homes.

Debra Sherman Tedeschi , of Columbia, and Laura A. Foggan , of Wiley Rein, of Washington D.C., for Amicus Curiae American Insurance Association and Complex Insurance Claims Litigation Association.

Chief Justice TOAL.

This Court accepted the petition of Harleysville Mutual Insurance Company (Petitioner) in its Original Jurisdiction to assess constitutional challenges to Act No. 26 of the South Carolina Acts and Joint Resolutions, which regulates coverage provided by commercial general liability (CGL) insurance policies for construction-related work. Act No. 26, 2011 S.C. Acts 88 [hereinafter Act. No. 26]. We hold that...

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