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PORTRAIT HOMES v. PENN NATIONAL

Appellate Case No. 2020-000735 Opinion No. 6038.

442 S.C. 515 (2023)

900 S.E.2d 245

PORTRAIT HOMES — SOUTH CAROLINA, LLC and Portrait Homes — Persimmon Hill, LLC, Plaintiffs, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY and The Persimmon Hill Homeowners Association, Inc., Defendants, The Persimmon Hill Homeowners Association, Inc., Third-Party Plaintiff, v. Jose Castillo d/b/a JJA Framing and JJA Construction, Inc. d/b/a JJA Framing, Third-Party Defendants, of which Pennsylvania National Mutual Casualty Insurance Company is the Appellant, and Portrait Homes — South Carolina, LLC, Portrait Homes — Persimmon Hill, LLC, and The Persimmon Hill Homeowners Association, Inc. are the Respondents.

Court of Appeals of South Carolina.

Filed December 13, 2023.

Rehearing Denied April 24, 2024.

Attorney(s) appearing for the Case

David L. Brown and John Irvin Malone, Jr., both of Greensboro, North Carolina, for Appellant.

Phillip Ward Segui, Jr., of Segui Law Firm, of Mount Pleasant, and John T. Chakeris and Alicia Denise Pullano, both of Chakeris Law Firm, of Charleston, all for Respondent The Persimmon Hill Homeowners Association, Inc.

Stanley Clarence Rodgers, of Law Office of Stanley C. Rodgers, LLC, of Charleston, for Respondents Portrait Homes — SC, LLC and Portrait Homes — Persimmon Hill, LLC.

This very complicated case concerns insurance coverage under commercial general-liability (CGL) insurance policies, including claims of bad faith, arising out of underlying construction defect lawsuits when Penn National Mutual Casualty Insurance Company (Penn National) asserts its insured, a subcontractor, did not notify it of the...

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