SC House Votes 104 to 0 for Statutory Definition of Occurrence (Addresses Supreme Court’s Crossmann Decision)

Governor Nikki Haley Meeting with Our Group

By: Gregory L. Shelton

Shelton Law Carolinas

(803) 670-0024

Yesterday I had the privilege of walking the halls of the beautifully restored Statehouse in Columbia with a fellow members of the Associated Builders and Contractors of the Carolinas.  Wearing our white hardhats, we made the rounds to meet with our representatives and senators, and watched proceedings from the gallery.

The day really got interesting when we visited the House of Representatives.  As we entered the gallery, the second reading of S431 was underway.  This is the bill intended to clarify the definition of “occurrence” to include “an accident, including continuous or repeated exposure to substantially the same general harmful conditions” and “property damage or bodily injury resulting from faulty workmanship, exclusive of the workmanship itself.”

This language is designed to address the state Supreme Court’s Crossmann decision. In that case, the court held that property damage or bodily injury resulting from defective work was not an “occurrence” for purposes of a CGL insurance.  (See my April 11, 2011 post on Crossmann).

The House voted 104 to 0 in favor of the bill on second reading. The representatives also gave unanimous consent for third reading next Tuesday. Based on yesterday’s vote, all indications are that S431 will sail through third reading in the House and will head back to the Senate for approval of the House’s amendments.

Thanks go to the organizers of our day at the Statehouse, including Doug Carlson, Mike Glavin, Alyssa Cehok, and Julianne Dunning of ABC, and to fellow attorney Jenny Honeycutt of Charleston.

About Gregory L. Shelton

Gregory L. Shelton is licensed to practice in North Carolina, South Carolina, and Florida. He is a South Carolina circuit court mediator and North Carolina superior court mediator. Greg is the Managing Editor of the North Carolina Construction Law Deskbook, the definitive treatise on construction law in the state. He is also Florida board certified as a construction law specialist. He practices at Shelton Law Carolinas. SC: (803) 670-0024 NC: (704) 940-9012
SC Law

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