PCS NITROGEN v. CONTINENTAL CAS.

Opinion No. 28093.

436 S.C. 254 (2022)

871 S.E.2d 590

PCS NITROGEN, INC., Petitioner, 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, and Century Indemnity Company (f/k/a California Union Insurance Company and Insurance Company of North America), Defendants, Of which Continental Casualty Company, Admiral Insurance Company, United States Fire 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), and First State Insurance Company are the Respondents.

Supreme Court of South Carolina.

Filed April 13, 2022.


Attorney(s) appearing for the Case

William Howell Morrison , of Haynsworth Sinkler Boyd, PA, of Charleston; Sarah P. Spruill , of Haynsworth Sinkler Boyd, PA, of Greenville; and Michael H. Ginsberg and Matthew R. Divelbiss , of Pittsburgh, PA, for Petitioner.

Morgan S. Templeton , of Wall Templeton & Haldrup, PA, of Charleston, and Patrick F. Hofer , of Washington, D.C., for Respondent Continental Casualty Company; J.R. Murphy , Adam J. Neil , and Wesley B. Sawyer , of Murphy & Grantland, PA, of Columbia, for Respondent Admiral Insurance Company; Christian Stegmaier and R. Scott Wallinger Jr. , of Collins & Lacy, PC, of Columbia, and John S. Favate , of Springfield, NJ, for Respondent United States Fire Insurance Company; Edward K. Pritchard III , of Pritchard Law Group, LLC, of Charleston, and Richard McDermott and Seth M. Jaffe , of Chicago, IL, for Respondents Certain Underwriters at Lloyd's London, the Aviva Companies, the Winterthur Companies, Berkshire Hathaway Specialty Insurance Company (f/k/a Stonewall Insurance Company), and Starr Indemnity & Liability Company (f/k/a Republic Insurance Company); John T. Lay Jr. and Laura W. Jordan , of Gallivan, White & Boyd, PA, of Columbia, and Helen Franzese , of London, U.K., for Respondent Certain London Market Insurance Companies; Elizabeth J. Palmer , of Rosen Hagood, LLC, of Charleston, and Molly Poag and Harry Lee , of Washington, D.C., 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); John C. Bonnie , of Weinberg Wheeler Hudgins Gunn & Dial, LLC, of Atlanta, GA, for Respondent Lexington Insurance Company; R. Michael Ethridge and Suzanne E. Chapman , of Ethridge Law Group, LLC, of Mt. Pleasant, and Wayne Karbal and Paul Parker , of Chicago, IL, for Respondent First State Insurance Company.

Matthew G. Gerrald , of Barnes Alford Stork & Johnson, LLP, of Columbia, and Laura A. Foggan , of Washington, D.C., for Amicus Curiae Complex Insurance Claims Litigation Association.


In this opinion, we review the application of the "post-loss exception"—a common law rule providing that insurer consent is not required for an assignment of insurance benefits made after a "loss" has occurred. PCS Nitrogen seeks insurance coverage for liability arising from contamination of a fertilizer manufacturing site...

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