SULLIVAN MGMT. v. FIREMAN'S FUND

Opinion No. 28105.

437 S.C. 587 (2022)

879 S.E.2d 742

SULLIVAN MANAGEMENT, LLC, Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, and Allianz Global Risks, US Insurance Company, Defendants.

Supreme Court of South Carolina.

Filed August 10, 2022.

Rehearing Denied November 17, 2022.


Attorney(s) appearing for the Case

Justin O'Toole Lucey , Anna McCann , Sohayla R. Townes and Amanda Nicole Funai , all of Justin O'Toole Lucey, P.A., of Mt. Pleasant, for Plaintiff.

D. Larry Kristinik , A. Mattison Bogan , and Blake Terence Williams , all of Nelson Mullins Riley & Scarborough, of Columbia; Brett Ingerman , of Baltimore, MD, and Brett Solberg , of Houston, TX, both of DLA Piper LLP (US), all for Defendants.

Harmon L. Cooper , of Crowell & Moring LLP, of Washington, D.C., for Amicus Curiae American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, and South Carolina Insurance Association.

G. Murrell Smith, Jr. , Jonathan M. Robinson , and Shanon N. Peake , of Smith Robinson Holler Dubose & Morgan, LLC, of Columbia; Amy Mason Saharia and Kaitlin J. Beach , of Williams & Connolly, LLP, of Washington, D.C., all for Amicus Curiae Selective Insurance Company of America.

Mark Billion , of Billion Law, of Bluffton; Rhonda D. Orin , Marshall Gilinsky , and Jason E. Kosek , of Anderson Kill P.C., of New York, NY, all for Amicus Curiae United Policyholders.


Sullivan Management, LLC operates restaurants in South Carolina and filed suit to recover for business interruption losses during COVID-19 under a commercial property insurance policy issued by Fireman's Fund and Allianz Global Risks US Insurance Company (Fireman's). This Court accepted five questions from the federal district court...

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