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IN RE MT. HAWLEY INS. CO.

Opinion No. 27892.

427 S.C. 159 (2019)

829 S.E.2d 707

IN RE: MT. HAWLEY INSURANCE COMPANY, Petitioner, In Which Contravest, Inc., Contravest Construction Company and Plantation Point Horizontal Property Regime Owners Association, Inc., as assignees, are Respondents.

Supreme Court of South Carolina.

Filed June 12, 2019.

Attorney(s) appearing for the Case

C. Mitchell Brown , William C. Wood Jr. , and Blake T. Williams , all of Nelson Mullins Riley & Scarborough, LLP, of Columbia; and Andrew K. Epting Jr. , of Andrew K. Epting Jr., LLC, of Charleston, all for Petitioner.

Jesse A. Kirchner , Michael A. Timbes and Thomas J. Rode , all of Thurmond Kirchner & Timbes, P.A., of Charleston, for Respondents.

Gray T. Culbreath and Janice Holmes , both of Gallivan, White, & Boyd, PA, of Columbia, for amici curiae The American Property Casualty Insurance Association and The South Carolina Insurance Association.

Bert G. Utsey III , of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Charleston, and J. Ashley Twombley , of Twenge & Twombley Law Firm, of Beaufort, for amicus curiae the South Carolina Association for Justice.

We are presented with a certified question from the United States Court of Appeals for the Fourth Circuit. The underlying case is an insurance bad faith action against an insurance company for its failure to defend its insured in a construction defect action. The insured settled the construction defect action and brought a bad...

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