South Carolina General Assembly
107th Session, 1987-1988

Bill 3535

                    Current Status

Bill Number:               3535
Ratification Number:       406
Act Number                 379
Introducing Body:          House
Subject:                   Definition of administrator of insurance
                           benefits plans
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A379, R406, H3535)

AN ACT TO AMEND SECTION 38-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ADMINISTRATOR OF INSURANCE BENEFITS PLANS, SO AS TO EXEMPT THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION AND ANY PERSON WHO ADJUSTS OR SETTLES CLAIMS AS ITS EMPLOYEE OR AGENT; AND TO AMEND SECTION 38-29-170, RELATING TO THE IMMUNITY FROM LIABILITY FOR ANY ACTION TAKEN UNDER THE PROVISIONS OF CHAPTER 29 OF TITLE 38, SO AS TO ELIMINATE THE IMMUNITY FROM LIABILITY THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION.

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

Company, person exempted

SECTION 1. Section 38-51-10(9) and (10) of the 1976 Code are amended to read:

"(9) a credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so if the company does not adjust or settle claims;

(10) a person who adjusts or settles claims in the normal course of his practice or employment as an attorney at law and who does not collect charges or premiums in connection with life or health insurance coverage or annuities; or".

Association exempted

SECTION 2. Section 38-51-10 of the 1976 Code is amended by adding:

"(11) the South Carolina Life and Accident and Health Insurance Guaranty Association and any person who adjusts or settles claims as its employee or agent."

Immunity eliminated

SECTION 3. Section 38-29-170 of the 1976 Code is amended to read:

"Section 38-29-170. There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer or its agents or employees, the Association's agents or employees, members of the board of directors, or the Commissioner or his representatives for any action taken by them in the authorized performance of their powers and duties under this chapter. This section does not relieve the Association of any of its liability."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.