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Home / Opinion Digests / Insurance / Insurance – CGL – ‘Occurrence’ – Constitutional – Act No. 26 – Retroactivity – Contracts (access required)

Insurance – CGL – ‘Occurrence’ – Constitutional – Act No. 26 – Retroactivity – Contracts (access required)

Harleysville Mutual Insurance Co. v. State Where Act No. 26, 2011 S.C. Acts 88, fundamentally changes the definition of “occurrence,” the part of Act No. 26 that makes it apply retroactively is unconstitutional. We sever the retroactivity provision and declare only that provision unconstitutional.

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