Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, Assistant Attorney General Michael Douglas Ross, Assistant Attorney General Julianna E. Battenfield, of Columbia, and Solicitor William Walter Wilkins, III for Respondent.

We granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. McCarty, 2020-UP-269 (S.C. Ct. App. filed Sept. 23, 2020), which affirmed the trial court's denial of Petitioner's motion for immunity from prosecution pursuant to the South Carolina Protection of Persons and Property Act. On appeal, we shall consider Petitioner's arguments that the court of appeals erred in holding (1) the trial court did not abdicate its role as the fact-finder by ruling a jury, not the court, must decide whether the individual Petitioner was defending was without fault in bringing on the difficulty; and (2) the trial court did not err in failing to find Petitioner was entitled to immunity.

Justin O'Toole Lucey, Anna McCann and Sohayla R. Townes, all of Justice O'Toole Lucey, P.A., of Mt. Pleasant, for plaintiff. D. Larry Kristinik and A. Mattison Bogan, of Nelson Mullins Riley & Scarborough, of Columbia; Brett Ingerman of DLA Piper LLP (US), of Baltimore, MD; and Brett Solberg, of DLA Piper LLP (US), of Houston, TX, all for defendants. Mark Billion, of Billion Law, of Bluffton; Rhonda D. Orin, Marshall Gilinsky and Jason E. Kosek, all of Anderson Kill P.C., of New York, NY, for Amicus Curiae United Policyholders. G. Murrell Smith, Jr., Jonathan M. Robinson and Shannon N. Peake, all of Smith Robinson Holler DuBose & Morgan, LLC, of Columbia; Amy Mason Saharia and Kaitlin J. Beach, both of Williams & Connolly LLP., of Washington, DC, for amicus curiae Selective Insurance Company of America. Harmon L. Cooper, of Crowell & Moring LLP., of Washington, DC, amicus curiae for American Property Casualty Insurance Association of Mutual Insurance Companies, and South Carolina Insurance Association.

The federal district court certified the following questions: 1. Does the presence of COVID-19 in or near Sullivan's properties, and/or related governmental orders, which allegedly hinder or destroy the fitness, habitability or functionality of property, constitute "direct physical loss or damage" or does "direct physical loss or damage" require some permanent dispossession of the property or physical alteration to the property? a. Do other policy terms, e.g., those in the Communicable Disease Coverage Extension, evidence that COVID-19 can constitute "direct physical loss or damage"? b. Is the phrase "direct physical loss or damage to property" ambiguous? 2. Do the Policy's Business Access and/or Civil Authority coverage require a complete prohibition of all access to Sullivan's properties? 3. Has there been a "communicable disease event" as that term is used in the Communicable Disease Coverage Extension? 4. Does Sullivan's alleged expenditures to mitigate COVID-19 qualify for Loss Avoidance or Mitigation Coverage? 5. Does the Mortality and Disease Exclusion bar all coverage or is it ambiguous and/or is it in conflict with the Communicable Disease Coverage Extension?

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Attorney General David A. Spencer, of Columbia, and Solicitor, Sixth Judicial Circuit, Randy E. Newman, Jr., of Lancaster, for Respondent.

The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Carter, 433 S.C. 352, 857 S.E.2d 910 (Ct. App. 2021).