South Carolina General Assembly
107th Session, 1987-1988

Bill 1089

                    Current Status

Bill Number:               1089
Ratification Number:       314
Act Number                 306
Introducing Body:          Senate
Subject:                   South Carolina medical malpractice
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A306, R314, S1089)

AN ACT TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.

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

Definitions

SECTION 1. Section 38-79-110(4) of the 1976 Code is amended to read:

"(4) 'Net direct premiums' means gross direct premiums written on bodily injury liability insurance, other than automobile liability insurance, homeowners liability insurance, and farmowners liability insurance, including the liability component of multiple peril package policies, as computed by the Commissioner, less return premiums or the unused or unabsorbed portions of premium deposits."

Association created

SECTION 2. Section 38-79-120(1) of the 1976 Code is amended to read:

"(1) A joint underwriting association (Association) is created, consisting of all insurers authorized to write within this State, on a direct basis, bodily injury liability insurance, other than automobile bodily injury liability insurance, homeowners liability insurance, and farmowners liability insurance, including insurers covering such peril in multiple peril package policies. Every such insurer is and must remain a member of the Association as a condition of its authority to continue to transact such kind of insurance in this State."

Obligations of terminated members

SECTION 3. Section 38-79-250(1) of the 1976 Code is amended to read:

"(1) If the authority of an insurer to transact bodily - injury liability insurance, other other than automobile, homeowners, or farmowners, in this State terminates for any reason its obligations as a member of the Association nevertheless continue until all its obligations have been fulfilled and the Commissioner has so found and certified to the board of directors."

Time effective

SECTION 4. This act takes effect July 1, 1988.