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· 4/13/2022

PCS Nitrogen, Inc. v. Continental Casualty Company

Syllabus

In this opinion, we review the application of the \post-loss exception\--a common law rule providing that insurer consent is not required for an assignment of insurance benefits made after a \loss\ has occurred. PCS Nitrogen seeks insurance coverage, claiming its right to coverage stems from an assignment of insurance benefits made without insurer consent. The circuit court granted summary judgment to the insurers, and the court of appeals affirmed. PCS Nitrogen, Inc. v. Continental Casualty Co., 429 S.C. 30, 837 S.E.2d 662 (Ct. App. 2019). We reverse the court of appeals and remand for further proceedings.

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