Harleysville Mutual Insurance v. State

736 S.E.2d 651, 401 S.C. 15, 2012 WL 5870799, 2012 S.C. LEXIS 270
CourtSupreme Court of South Carolina
DecidedNovember 21, 2012
DocketNo. 27189
StatusPublished
Cited by8 cases

This text of 736 S.E.2d 651 (Harleysville Mutual Insurance v. State) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harleysville Mutual Insurance v. State, 736 S.E.2d 651, 401 S.C. 15, 2012 WL 5870799, 2012 S.C. LEXIS 270 (S.C. 2012).

Opinions

Chief Justice TOAL.

This Court accepted the petition of Harleysville Mutual Insurance Company (Petitioner) in its Original Jurisdiction to assess constitutional challenges to Act No. 26 of the South Carolina Acts and Joint Resolutions, which regulates coverage provided by commercial general liability (CGL) insurance policies for construction-related work. Act No. 26, 2011 S.C. Acts 88 [hereinafter Act. No. 26]. We hold that the retroactivity clause of Act No. 261 violates the Contract Clauses of the state and federal Constitutions, and that the statute may only apply prospectively to CGL insurance contracts executed on or after its effective date of May 17, 2011.

Facts/Procedural Background

On January 7, 2011, this Court issued an initial opinion in Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurance Company, Op. No. 26909 (S.C.Sup.Ct. filed Jan. 7, 2011) (Shearouse Adv. Sh. No. 1 at 32) (Crossmann I), wherein it addressed the definition of “occurrence” in a CGL policy. In Crossmann I, the Court held where “occurrence” is defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions,” the term is unambiguous and retains its inherent fortuity requirement. Crossmann I at 46. Based on this determination, this Court found that Respondents Crossmann Communities of North Carolina, Inc. and Beazer Homes Investment Corporation (collectively Crossmann) were not entitled to coverage under Petitioner’s CGL policy for claims arising out of damage to condominiums caused by faulty workmanship. Id. at 47.

Specifically, this Court reasoned that because “the damage to the insured’s property [was] no more than the natural and probable consequences of faulty workmanship,” there was “no fortuity element present under this factual scenario.” Id. The Court elaborated that, “[f]or faulty workmanship to give rise to potential coverage, the faulty workmanship must result [22]*22in an occurrence, that is, an unintended, unforeseen, fortuitous, or injurious event.” Id. at 49. In so ruling, this Court overruled its earlier decision in Auto Owners Insurance Company v. Newman, 385 S.C. 187, 684 S.E.2d 541 (2009), on the ground that the Newman opinion “permitted coverage for faulty workmanship that directly causes further damage to property in the absence of an ‘occurrence’ with its fortuity underpinnings.” Id.

On January 26, 2011, the General Assembly introduced Senate Bill 431, which was subsequently passed as Act No. 26 of the South Carolina Acts and Joint Resolutions and ratified on May 17, 2011 upon the Governor’s signature. Act No. 26 was codified as section 38-61-70 of the South Carolina Code and provides in relevant parts:

(B) Commercial general liability insurance policies shall contain or be deemed to contain a definition of “occurrence” that includes:
(1) an accident, including continuous or repeated exposure to substantially the same general harmful conditions; and
(2) property damage or bodily injury resulting from faulty workmanship, exclusive of the faulty workmanship itself.
(E) This section applies to any pending or future dispute over coverage that would otherwise be affected by this section as to all commercial general liability insurance policies issued in the past, currently in existence, or issued in the future.
S.C.Code Ann. § 38-61-70 (Supp.2011).

On May 23, 2011, this Court heard arguments on the petition for rehearing in Crossmann I. That same day, Petitioner filed a Petition for Original Jurisdiction in which it sought a declaration by this Court that Act No. 26 is unconstitutional. This Court granted the petition on July 7, 2011.

On August 22, 2011, this Court changed its initial position in Crossmann I and found in favor of coverage based on an “occurrence.” See Crossmann Cmties. of N.C., Inc. v. Harleysville Mut. Ins. Co., 395 S.C. 40, 717 S.E.2d 589 (2011) [23]*230Crossmann II).2 In doing so, the Court reaffirmed its decision in Newman and clarified that “negligent or defective construction resulting in damage to otherwise non-defective components may constitute ‘property damage,’ but defective construction would not.” Id. at 50, 717 S.E.2d at 594. The Court further found that, “the expanded definition of ‘occurrence’ is ambiguous and must be construed in favor of the insured, and the facts of the instant case trigger the insuring language of Harleysville’s policies.” Id.

Issues

I. Whether Act No. 26 of the South Carolina Acts and Joint Resolutions unconstitutionally violates the separation of power doctrine.

II. Whether Act No. 26 of the South Carolina Acts and Joint Resolutions is unconstitutional special legislation or deprives Petitioner of equal protection under the law.

III. Whether the retroactive application of Act No. 26 of the South Carolina Acts and Joint Resolutions unconstitutionally violates the state and federal Contract Clauses.

Standard of Review

“This Court has a very limited scope of review in cases involving a constitutional challenge to a statute.” Joytime Distribs. & Amusement Co. v. State, 338 S.C. 634, 640, 528 S.E.2d 647, 650 (1999). “All statutes are presumed constitutional and will, if possible, be construed so as to render them [24]*24valid.” Id. “A legislative enactment will be declared unconstitutional only when its invalidity appears so clearly as to leave no room for reasonable doubt that it violates a provision of the constitution.” Id.

Analysis

I. Separation of Powers Doctrine

Petitioner implores this Court to “strike down” Act No. 26 on the ground the General Assembly was without authority to create legislation which attempts to overturn and directly control this Court’s ultimate decision in Crossmann II. Petitioner contends that in adopting the current version of Act No. 26, the General Assembly violated the doctrine of separation of powers.

The doctrine of separation of powers is succinctly stated in our constitution:

In the government of this State, the legislative, executive, and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other.

S.C. Const, art. I, § 8. The operational effect of this doctrine is to prevent one branch of government from usurping the power and authority of another. Knotts v. S.C. Dep’t of Natural Res., 348 S.C. 1, 7, 558 S.E.2d 511, 514 (2002).

In explaining this constitutional provision in the context of statutory interpretation, the Court has stated, “The construction of a statute is a judicial function and responsibility.” Lindsay v. Nat’l Old Line Ins.

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Cite This Page — Counsel Stack

Bluebook (online)
736 S.E.2d 651, 401 S.C. 15, 2012 WL 5870799, 2012 S.C. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harleysville-mutual-insurance-v-state-sc-2012.