Current Status Introducing Body:Senate Bill Number:1069 Primary Sponsor:Waldrep Committee Number:11 Type of Legislation:GB Subject:Decedent's estate, liability of established Residing Body:Senate Current Committee:Judiciary Computer Document Number:GJK/20179SD.94 Introduced Date:19940120 Last History Body:Senate Last History Date:19940120 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waldrep Stilwell Hayes Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 1069 Senate 19940120 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 62-3-803, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTE OF LIMITATIONS ON THE PRESENTATION OF CLAIMS AGAINST A DECEDENT'S ESTATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT PREVENT THE INSTITUTION OF ANY PROCEEDING TO ESTABLISH THE LIABILITY OF THE DECEDENT OR THE PERSONAL REPRESENTATIVE IN ORDER TO ASCERTAIN THE DAMAGED PARTY'S RIGHT TO EITHER UNDERINSURED MOTORIST INSURANCE BENEFITS OR UNINSURED MOTORIST INSURANCE BENEFITS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-3-803(c) of the 1976 Code, as last amended by Act 521 of 1990,is further amended to read:
"(c) Nothing in this section affects or prevents:
(1) any proceeding to enforce any mortgage, pledge, lien, or other security interest upon property of the estate; or
(2) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or
(3) collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.; or
(4) any proceeding to establish the liability of the decedent or the personal representative in order to ascertain the damaged party's right to either underinsured motorist insurance benefits or uninsured motorist insurance benefits. Neither the uninsured motorist insurer nor the underinsured motorist insurer shall have subrogation rights against the decedent or the personal representative."
SECTION 2. This act takes effect upon approval by the Governor.