PCS NITROGEN v. CONTINENTAL CASUALTY CO.

Opinion No. 5699.

429 S.C. 30 (2019)

837 S.E.2d 662

PCS NITROGEN, INC., Appellant, v. CONTINENTAL CASUALTY COMPANY, Admiral Insurance Company, United States Fire Insurance Company, ACE Property & Casualty Insurance Company, Certain Underwriters at Lloyd's London, the Aviva Companies, the Winterthur Companies, Certain London Market Insurance Companies, Providence Washington Insurance Company (as Successor in Interest by way of Merger to Seaton Insurance Company, f/k/a Unigard Security Insurance, f/k/a Unigard Mutual Insurance Company), Berkshire Hathaway Specialty Insurance Company (f/k/a Stonewall Insurance Company), Lexington Insurance Company, Starr Indemnity & Liability Company (f/k/a Republic Insurance Company), First State Insurance Company, Century Indemnity Company (f/k/a California Union Insurance Company and Insurance Company of North America), Respondents.

Court of Appeals of South Carolina.

Filed December 18, 2019.

Rehearing Denied February 13, 2020.


Attorney(s) appearing for the Case

William Howell Morrison , of Haynsworth Sinkler Boyd, PA, of Charleston; and Michael H. Ginsberg and Matthew R. Divelbiss , both of Pittsburgh, PA; all for Appellant.

Morgan S. Templeton , of Wall Templeton & Haldrup, PA, of Charleston, and Patrick F. Hofer , of Washington, D.C., for Respondent Continental Casualty Company; Robert Holmes Hood, Jr. , of Hood Law Firm, LLC, of Charleston, and Robert F. Walsh , Patricia B. Santelle , and Thomas M. Going , of Philadelphia, PA, for Respondents United States Fire Insurance Company, ACE Property & Casualty Insurance Company, Century Indemnity Company (f/k/a California Union Insurance Company and Insurance Company of North America); R. Scott Wallinger, Jr. and Christian Stegmaier , of Collins & Lacy, PC, of Columbia, and John S. Favate and Michael Forino , of Springfield, NJ, for Respondent United States Fire Insurance Company; John Robert Murphy , Adam J. Neil , and Wesley Brian Sawyer , of Murphy & Grantland, PA, of Columbia, for Respondent Admiral Insurance Company; John Thomas Lay, Jr. and Laura Watkins Jordan , of Gallivan, White & Boyd, PA, of Columbia, and Helen Franzese , of Greensboro, NC, for Respondent Certain London Market Insurance Companies; Robert Michael Ethridge , of Ethridge Law Group, LLC of Mount Pleasant, and Wayne S. Karbal and Paul Parker , of Chicago, IL, for Respondent First State Insurance Company; John C. Bonnie , of Weinberg Wheeler Hudgins Gunn & Dial, LLC, of Atlanta, GA, for Respondent Lexington Insurance Company; Edward K. Pritchard, III , of Pritchard Law Group LLC, of Charleston, and Richard McDermott and Seth M. Jaffe , of Chicago, IL, for Respondent Certain Underwriters at Lloyd's London, Respondent the Aviva Companies, Respondent the Winterthur Companies, Respondent Berkshire Hathaway Specialty Insurance Company (f/k/a Stonewall Insurance Company), Respondent Starr Indemnity & Liability Company (f/k/a Republic Insurance Company); Elizabeth Janelle Palmer , of Rosen Rosen & Hagood, LLC, of Charleston, and Harry Lee and Molly Woodson Poag , of Washington, DC, for Respondent Providence Washington Insurance Company (as Successor in Interest by way of Merger to Seaton Insurance Company, f/k/a Unigard Security Insurance, f/k/a Unigard Mutual Insurance Company); and Elizabeth Fraysure Fulton , of Hall Booth Smith, PC, of Mount Pleasant, for Respondents Certain Underwriters at Lloyd's London, the Aviva Companies, the Winterthur Companies, Starr Indemnity & Liability Company (f/k/a Republic Insurance Company).


In this insurance coverage dispute, PCS Nitrogen, Inc., argues the circuit court erred in finding it was not entitled to coverage rights under Columbia Nitrogen Corporation's (Old CNC) insurance policies issued by Respondents.1 Specifically, PCS Nitrogen asserts the circuit court erred in finding it was...

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