H 3801 General Bill, By Young-Brickell, Bailey, Gamble, Lloyd, Meacham, 
R. Smith and Vaughn

Similar(S 724)
 A Bill to amend Section 38-1-20, as amended, Code of Laws of South Carolina,
 1976, relating to definitions under the insurance laws, so as to provide that
 the definition of "insurer" does not include an individual or group Workers'
 Compensation self-insurer which is qualified by and subject to the exclusive
 jurisdiction of the Workers' Compensation Commission under Section 42-5-20;
 and to amend Section 38-31-20, as amended, relating to definitions under the
 "South Carolina Property and Casualty Insurance Guaranty Association Act", so
 as to provide that, for the purposes of the definition of "covered claim",
 "reinsurer, insurer, insurance pool, or underwriting association" does not
 include qualified, individual, or group Workers' Compensation self-insurers
 who are subject to the exclusive jurisdiction of the Workers' Compensation
 Commission under Section 42-5-20.

   03/14/95  House  Introduced and read first time HJ-163
   03/14/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-163

A BILL

TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS, SO AS TO PROVIDE THAT THE DEFINITION OF "INSURER" DOES NOT INCLUDE AN INDIVIDUAL OR GROUP WORKERS' COMPENSATION SELF-INSURER WHICH IS QUALIFIED BY AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20; AND TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO PROVIDE THAT, FOR THE PURPOSES OF THE DEFINITION OF "COVERED CLAIM", "REINSURER, INSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION" DOES NOT INCLUDE QUALIFIED, INDIVIDUAL, OR GROUP WORKERS' COMPENSATION SELF-INSURERS WHO ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 38-1-20(25) of the 1976 Code is amended to read:

"(25) `Insurer' includes any corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. `Insurer' does not, however, include an individual or group workers' compensation self-insurer which is qualified by and subject to the exclusive jurisdiction of the South Carolina Workers' Compensation Commission under Section 42-5-20."

SECTION 2. Section 38-31-20(6) of the 1976 Code is amended to read:

"(6) `Covered claim' means an unpaid claim, including one of unearned premiums, which arises out of and is within the coverage and is subject to the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if the insurer is an insolvent insurer and (a) the claimant or insured is a resident of this State at the time of the insured event, if for entities other than an individual, the residence of a claimant or insured is the state in which its principal place of business is located at the time of the insured event or (b) the property from which the claim arises is permanently located in this State. `Covered claim' does not include any amount awarded as extra-contractual damages unless awarded against the association; sought as a return of premium under any retrospective rating plan; or due any reinsurer, insurer, insurance pool, or underwriting association as subrogation recoveries or otherwise. For purposes of this item, `reinsurer, insurer, insurance pool, or underwriting association' does not include qualified, individual, or group workers' compensation self-insurers who are subject to the exclusive jurisdiction of the South Carolina Workers' Compensation Commission under Section 42-5-20."

SECTION 3. This act takes effect upon approval by the Governor.