HARLEYSVILLE GROUP INSURANCE v. HERITAGE

Opinion No. 27698

420 S.C. 321 (2017)

HARLEYSVILLE GROUP INSURANCE, a Pennsylvania Corporation, Appellant/Respondent, v. HERITAGE COMMUNITIES, INC., a South Carolina Corporation; Heritage Magnolia North, Inc., a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation; Magnolia North Horizontal Property Regime; Magnolia North Property Owners Association, Inc., a South Carolina Corporation; and National Surety Corp., Defendants, Of whom Heritage Communities, Inc., a South Carolina Corporation; Heritage Magnolia North, Inc., a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation; and National Surety Corp. are Respondents, and Magnolia North Horizontal Property Regime and Magnolia North Property Owners Association, Inc., a South Carolina Corporation, are Respondents/Appellants. And Harleysville Group Insurance, a Pennsylvania Corporation, Appellant/Respondent, v. Heritage Communities, Inc., a South Carolina Corporation; Heritage Riverwalk, a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation; Riverwalk at Arrowhead Country Club Horizontal Property Regime; Riverwalk at Arrowhead Country Club Property Owners Association, Inc., a South Carolina Corporation; National Surety Corp.; and Tony L. Pope and Lynn Pope, individually and representing as a class all unit owners at Riverwalk at Arrowhead Country Club Horizontal Property Regime, Defendants, Of whom Heritage Communities, Inc., a South Carolina Corporation; Heritage Riverwalk, a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation; National Surety Corp.; and Tony L. Pope and Lynn Pope, individually and representing as a class all unit owners at Riverwalk at Arrowhead Country Club Horizontal Property Regime, are Respondents, and Riverwalk at Arrowhead Country Club Horizontal Property Regime and Riverwalk at Arrowhead Country Club Property Owners Association, Inc. are Respondents/Appellants.

Supreme Court of South Carolina.

Refiled July 26, 2017.


Attorney(s) appearing for the Case

C. Mitchell Brown , William C. Wood, Jr. , and A. Mattison Bogan , all of Nelson Mullins Riley & Scarborough, LLP, of Columbia and Robert C. Calamari , of Nelson Mullins Riley & Scarborough, LLP of Myrtle Beach, for Appellant/Respondent.

John P. Henry and Philip C. Thompson , both of Thompson & Henry, P.A., of Conway, for Respondents/Appellants.

Elliott B. Daniels of Murphy & Grantland, P.A., of Columbia, and Laura A. Foggan , of Crowell & Moring LLP, of Washington, D.C., for Amici Curiae Complex Insurance Claims Litigation Association and Property Casualty Insurers' Association of America.


ORDER

After careful consideration of the cross-petitions for rehearing, the Court grants the petition for rehearing filed by Appellant/Respondent, dispenses withfurther briefing, and substitutes the attached opinions for the opinions previously filed in this matter. As to the petition for rehearing filed by Respondents/Appellants, the Court is unable to discover any material fact or principle of law that has been either overlooked or disregarded, and therefore,...

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