South Carolina General Assembly
110th Session, 1993-1994

Bill 1069


Indicates Matter Stricken
Indicates New Matter


                    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



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

1069  Senate  19940120      Introduced, read first time,    11
                            referred to Committee

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

A BILL

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.

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