Current Status Introducing Body:
HouseBill Number: 4310Primary Sponsor: GovanCommittee Number: 26Type of Legislation: GBSubject: Motor vehicle insurance, bodily injury, property damageResiding Body: HouseCurrent Committee: Labor, Commerce and IndustryComputer Document Number: PT/22285JM.94Introduced Date: 19940111Last History Body: HouseLast History Date: 19940111Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Govan Rudnick StuartType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 4310 House 19940111 Introduced, read first time, 26 referred to Committee 4310 House 19931201 Prefiled, referred to 26 CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 38-77-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE LAW AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO INCREASE THE LIMITS; AND TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY AN INSURER, SO AS TO PROVIDE THAT THE UNINSURED MOTORIST PROVISION SHALL PROVIDE FOR NO LESS THAN FIFTEEN THOUSAND DOLLARS COVERAGE, RATHER THAN FIVE THOUSAND DOLLARS COVERAGE, FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-77-140 of the 1976 Code is amended to read:
"Section 38-77-140. No automobile insurance policy may be issued or delivered in this State to the owner of a motor vehicle or may be issued or delivered by an insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows: fifteen thirty thousand dollars because of bodily injury to one person in any one accident, and, subject to the limit for one person, thirty sixty thousand dollars because of bodily injury to two or more persons in any one accident, and five fifteen thousand dollars because of injury to or destruction of property of others in any one accident. Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
SECTION 2. Section 38-77-150 of the 1976 Code, as last amended by Section 807 of Act 181 of 1993, is further amended to read:
"Section 38-77-150. No automobile insurance policy or contract may be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision, undertaking to pay the insured all sums which he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits which may be no less than the requirements of Section 38-77-140. The uninsured motorist provision shall also provide for no less than five fifteen thousand dollars' coverage for injury to or destruction of the property of the insured in any one accident but may provide an exclusion of the first two hundred dollars of the loss or damage. The director or his designee may prescribe the form to be used in providing uninsured motorist coverage and when prescribed and promulgated no other form may be used.
No action may be brought under the uninsured motorist provision unless copies of the pleadings in the action establishing liability are served in the manner provided by law upon the insurer writing the uninsured motorist provision. The insurer has the right to appear and defend in the name of the uninsured motorist in any action which may affect its liability and has thirty days after service of process on it in which to appear. The evidence of service upon the insurer may not be made a part of the record."
SECTION 3. Section 1 takes effect upon approval by the Governor. Section 2 takes effect upon approval by the Governor, except "director or his designee" in the last sentence of the first paragraph of Section 38-77-150 of the 1976 Code, which language change takes effect in accordance with subsection (G) of Section 1618 of Act 181 of 1993.