H 3813 General Bill, By Cato, Lourie, Askins, Barfield, Barrett, Battle, Bowers, 
G. Brown, Carnell, Cooper, Cotty, Edge, Freeman, Harrison, Harvin, Howard, 
Keegan, Kelley, Kirsh, Martin, McCraw, D. Owens, Phillips, Rice, Robinson, 
Sandifer, Sharpe, Sinclair, D.C. Smith, G.M. Smith, J.R. Smith, Thompson, 
Townsend, Tripp, Trotter, White, Wilder, McLeod, Hamilton, Vaughn and Talley
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 38-77-225 SO AS TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO
 "LOANER" VEHICLES, AND TO PROVIDE FOR THE EXTENT AND PRIMARY NATURE OF THE
 COVERAGES.

   03/27/01  House  Introduced and read first time HJ-61
   03/27/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-61

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-225 SO AS TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO "LOANER" VEHICLES, AND TO PROVIDE FOR THE EXTENT AND PRIMARY NATURE OF THE COVERAGES.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 38-77-225.    (A)    Each motor vehicle liability insurance policy, motor vehicle physical damage insurance policy, motor vehicle uninsured and underinsured motorist insurance policy, and motor vehicle insurance policy covering death or bodily injury insuring a motor vehicle licensed in this State, or the occupants of the motor vehicle, must extend its coverage to include a motor vehicle operated by the insured individual and its occupants if the motor vehicle is loaned by a licensed automobile dealer, without compensation from the insured, to the insured for use as a:

        (1)    temporary substitute motor vehicle while the insured's motor vehicle is out of use because of breakdown, repair, or servicing; or

        (2)    demonstrator motor vehicle.

    (B)    This coverage extends to the loaned motor vehicle only to the extent of the coverage provided on the motor vehicle:

        (1)    being repaired or serviced; or

        (2)    owned by the insured.

    (C)    This extension coverage is primary. A written loaner agreement or a demonstration agreement must include on its face a clause outlining the acceptance of 'primary insurance coverage' and this clause must be signed separately and dated separately by the insured user."

SECTION    2.    This act takes effect upon approval by the Governor and applies to all policies of insurance issued or renewed on and after that date.