Case from July 2011 to Oct. 2011

Scope of obligation
The Court overruled Century Indemnity and imposed a "time on risk" approach to defining the scope of each Commercial General Liablity (CGL) insurer's obligation to its insured in a progressive damage case. The Court opined that this equitable approach best harmonizes with policy language limiting coverage to the "policy period" and that the "time on risk" framework lends itself to a logical default formula that is easily applied when the actual quantum of damage incurred during each policy period is not known.
Crossman Cmtys. v. Harleysville Mut. Ins. Co., No. 26909 (S.C. Sup. Ct., Aug. 22, 2011) (Shearouse Adv. Sh. No. 28).