Current Status Bill Number:990 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:McConnell All Sponsors:McConnell, Courtney, Hayes, Jackson, Matthews, Patterson, Reese, Alexander Drafted Document Number:bbm\10482jm.96 Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Motor vehicle liability insurance policies, rates
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 02 SBI
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 2 SO AS TO ENACT PROVISIONS GOVERNING MOTOR VEHICLE LIABILITY INSURANCE POLICIES; BY ADDING CHAPTER 4 SO AS TO ENACT PROVISIONS RELATING TO THE TITLING, REGISTRATION, AND LICENSURE OF MOTOR VEHICLES; BY ADDING CHAPTER 8 SO AS TO ENACT PROVISIONS RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE RATES; AND BY ADDING CHAPTER 12 SO AS TO ENACT PROVISIONS RELATING TO REGULATION OF CERTAIN INSURANCE RATES; AND TO REPEAL ARTICLES 1, 3, AND 5, CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, PURPOSES AND DEFINITIONS, THE "MANDATE TO WRITE" AND INSURANCE COVERAGE, AND THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS; CHAPTERS 9 AND 10 OF TITLE 56, RELATING TO THE "MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT" AND MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY; AND SECTIONS 56-1-610 THROUGH 56-1-690, RELATING TO THE DRIVER LICENSE COMPACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 56 of the 1976 Code is amended by adding:
Section 56-2-10. Except as otherwise provided in this title, no restrictions, conditions, or provisions in or endorsed on an insurance policy is valid unless the condition or provision is printed in type as large as eight point type, or is written in ink or typewritten in or on the policy. This section does not apply to a copy of an application or parts of an application, attached to or made part of an insurance policy.
Section 56-2-20. The purposes of this chapter are to:
(1) establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents, or insurance-support organizations;
(2) maintain a balance between the need for information by those conducting the business of insurance and the public's need for fairness in insurance information practices, including the need to minimize intrusiveness;
(3) establish a regulatory mechanism to enable natural persons to ascertain what information is being or has been collected about them in connection with insurance transactions and to have access to such information for the purpose of verifying or disputing its accuracy;
(4) limit the disclosure of information collected in connection with insurance transactions; and
(5) Enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision.
Section 56-2-30. (A) The obligations imposed by this chapter shall apply to those insurance institutions, agents, or insurance-support organizations that:
(1) in the case of life or accident and sickness insurance:
(a) collect, receive, or maintain information in connection with insurance transactions that pertains to natural persons who are residents of this State; or
(b) engage in insurance transactions with applicants, individuals, or policyholders who are residents of this State; and
(2) in the case of property or casualty insurance:
(a) collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State; or
(b) engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State.
(B) The rights granted by this chapter shall extend to:
(1) in the case of life or accident and sickness insurance, the following persons who are residents of this State:
(a) natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and
(b) applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and
(2) in the case of property or casualty insurance, the following persons:
(a) natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State; and
(b) applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State.
(C) For purposes of this section, a person is considered a resident of this State if the person's last known mailing address, as shown in the records of the insurance institution, agent, or insurance-support organization, is located in this State.
(D) Notwithstanding subsections (A) and (B) of this section, this chapter shall not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this State.
Section 56-2-40. The following definitions shall apply to this section:
`Adverse underwriting decision' means:
(1) any of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten:
(a) a declination of insurance coverage;
(b) a termination of insurance coverage;
(c) failure of an agent to apply for insurance coverage with a specific insurance institution that an agent represents and requested by an applicant;
(d) in the case of a property or casualty insurance coverage:
(i) placement by an insurance institution or agent of a risk with a residual market mechanism or an unlicensed insurer; or
(ii) the charging of a higher rate on the basis of information that differs from that which the applicant or policyholder furnished; or
(2) Notwithstanding item (1) of this definition, the following actions shall not be considered adverse underwriting decisions, but the insurance institution or agent responsible for their occurrence shall provide the applicant or policyholder with the specific reason or reasons for their occurrence:
(a) the termination of an individual policy form on a class or statewide basis;
(b) a declination of insurance coverage solely because such coverage is not available on a class or statewide basis;
(c) the rescission of a policy.
`Affiliate' of `affiliated' means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person.
`Agent' when used without qualification, means an individual, partnership, limited liability company, or corporation that solicits, negotiates, procures, or effects contracts of insurance or annuity in this State and shall include surplus lines brokers.
`Applicant' means any person who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten.
`Consumer report' means any written, oral, or other communication of information bearing on a natural person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used or expected to be used in connection with an insurance transaction.
`Consumer reporting agency' means any person who:
(1) regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a monetary fee;
(2) obtains information primarily from sources other than insurance institutions; and
(3) furnishes consumer reports to other persons.
`Control', including the terms `controlled by' or `under common control with', means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person.
`Declination of insurance coverage' means a denial, in whole or in part, by an insurance institution or agent of requested insurance coverage.
`Department' means Department of Insurance.
`Director' means Director of the Department of Insurance.
`Individual' means any natural person who:
(1)in the case of property or casualty insurance, is a past, present, or proposed named insured or certificate holder;
(2) is a past, present, or proposed policyowner;
(3) is a past or present applicant;
(4) is a past or present claimant; or
(5) derived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this chapter.
`Institutional source' means any person or governmental entity that provides information about an individual to an agent, insurance institution or insurance-support organization, other than:
(1) an agent;
(2) the individual who is the subject of the information; or
(3) a natural person acting in a personal capacity rather than in a business or professional capacity.
`Insurance institution' means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's type of organization, fraternal benefit society, or other person engaged in the business of insurance. `Insurance institution' shall not include agents or insurance-support organizations.
`Insurance-support organization' means any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including (i) the furnishing of consumer reports or investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction or (ii) the collection of personal information from insurance institutions, agents or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity. However, the following persons shall not be considered `insurance-support organization' for purposes of this chapter: agents, governmental institutions, insurance institutions.
`Insurance transaction' means any transaction involving insurance primarily for personal, family, or household needs rather than business or professional needs that entails:
(1) the determination of an individual's eligibility for an insurance coverage, benefit or payment; or
(2) the servicing of an insurance application, policy, contract, or certificate.
`Investigative consumer report' means a consumer report or a portion thereof in which information about a natural person's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with the person's neighbors, friends, associates, acquaintances, or other who may have knowledge concerning such items of information
`Personal information' means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual's character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. `Personal information' includes an individual's name and address, but does not include privileged information.
`Policyholder' means any person who in the case of individual property or casualty insurance, is a present named insured;
`Pretext interview' means an interview whereby a person, in an attempt to obtain information about a natural person, performs one or more of the following acts:
(1) pretends to be someone he or she is not;
(2) pretends to represent a person he or she is not in fact representing;
(3) misrepresents the true purpose of the interview, or
(4) refuses to identify himself or herself upon request.
`Privileged information' means any individually identifiable information that (i) relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual, and (ii) is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involving an individual. However, information otherwise meeting the requirements of this subsection shall nevertheless be considered personal information under this chapter if it is disclosed in violation of Section 56-2-150 of this chapter.
`Residual market mechanism' means an association, organization, or the entity defined, described, or provided for in the South Carolina Automobile Insurance Plan as set forth in Chapter 8 of this title.
`Termination of insurance coverage' or `termination of an insurance policy' means either a cancellation or nonrenewal of an insurance policy other than by failure to pay a premium as required by the policy.
`Unlicensed insurer' means an insurance institution that has not been granted a license by the Department to transact the business of insurance in South Carolina.
Section 56-2-50. No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction. However, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon specific information available for review by the Director, there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim.
Section 56-2-60. (A) An insurance institution or agent shall provide a notice of insurance information practices to all applicants or policyholders in connection with insurance transactions as provided in this section.
(1) in the case of an application for insurance a notice shall be provided no later than:
(a) at the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant or from public records; or
(b) at the time the collection of personal information is initiated when personal information is collected from a source other than the applicant or public records;
(2) in the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if;
(a) personal information is collected only from the policy holder or from public records; or
(b) a notice meeting the requirements of this section has been given within the previous twenty-four months; or
(3) in the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if personal information is collected only from the policyholder or from public records.
(B) The notice required by subsection (A) of this section shall be in writing and shall state:
(1) whether personal information may be collected from persons other than an individual proposed for coverage;
(2) the types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect such information;
(3) the types of disclosures identified in items 2,3,4,5,6,9,11,12, and 14 of Section 56-2-150 and the circumstances under which such disclosures may be made without prior authorization. However, only those circumstances need be described that occur with such frequency as to indicate a general business practice;
(4) a description of the rights established under Sections 56-2-100 and 56-2-110 and the manner in which those rights may be exercised; and
(5) that information obtained from a report prepared by an insurance-support organization may be retained by the insurance-support organization and disclosed to other persons.
(C) instead of the notice prescribed in subsection (B) of this section, the insurance institution or agent may provide an abbreviated notice informing the applicant or policyholder that:
(1) personal information may be collected from persons other than an individual proposed for coverage;
(2) the information, as well as other personal or privileged information subsequently collected by the insurance institution or agent, in certain circumstances, may be disclosed to third parties without authorization;
(3) a right of access and correction exists with respect tot all personal information collected; and
(4) the notice prescribed in subsection (B) of this section will be furnished to the applicant or policyholder upon request.
(D) The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act of its behalf.
Section 56-2-70. An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.
Section 56-2-80. Notwithstanding any other provision of law of this State, no insurance institution, agent, or insurance-support organization shall utilize as its disclosure authorization form in connection with insurance transactions involving insurance policies or contracts issued after January 1, 1997, a form or statement that authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance-support organization unless the form or statement:
(1) is written in plain language;
(2) is dated;
(3) specifies the types of persons authorized to disclose information about the individual;
(4) specifies the nature of the information authorized to be disclosed;
(5) names the insurance institution or agent and identifies by generic reference representatives of the insurance institution to whom the individual is authorizing information to be disclosed;
(6) specifies the purposes for which the information is collected;
(7) specifies the length of time such authorization shall remain valid, which shall be no longer than;
(a) in the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy a policy reinstatement, or a request for change in policy benefits;
(i) one year from the date the authorization is signed if the application or request involves property or casualty insurance;
(b) in the case of authorizations signed for the purpose of collecting information in connection with a claim for benefits under an insurance policy:
(i) the term of coverage of the policy if the claim is for an accident and sickness insurance benefit; or
(ii) the duration of the claim if the claim is not for an accident and sickness insurance benefit; and
(8) advises the individual or a person authorized to act on behalf of the individual that the individual or the individual's authorized representative is entitled to receive a copy of the authorization form.
Section 56-2-90. (A) No insurance institution, agent, or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the insurance institution or agent informs the individual;
(1) that he may request to be interviewed in connection with the preparation of the investigative consumer report; and
(2) that upon a request pursuant to Section 56-2-100, he is entitled to receive a copy of the investigative consumer report.
(B) If an investigative consumer report is to be prepared by an insurance institution or agent, the insurance institution or agent shall institute reasonable procedures to conduct a personal interview requested by an individual.
(C) If an investigative consumer report is to be prepared by an insurance-support organization, the insurance institution or agent desiring the report shall inform the insurance-support organization whether a personal interview has been request by the individual. The insurance-support organization shall institute reasonable procedures to conduct such interviews, if requested.
Section 56-2-100. (A) If any individual, after proper identification, submits a written request to an insurance institution, agent, or insurance-support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably able to be located and retrieved by the insurance institution, agent, or insurance-support organization, the insurance institution, agent, or insurance-support organization, within thirty business days from the date the request is received shall:
(1) inform the individual of the nature and substance of the recorded personal information in writing, by telephone, or by other oral communication, whichever the insurance institution, agent or insurance-support organization prefers;
(2) permit the individual to see and copy, in person, the recorded personal information pertaining to him or to obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in coded form, in which case an accurate translation in plain language must be provided in writing;
(3) disclose to the individual the identity, if recorded, of those persons to whom the insurance institution, agent, or insurance-support organization has disclosed the personal information within two years before the request, and if the identity is not recorded, the names of those insurance institutions, agents, insurance-support organizations, or other persons to whom the information is disclosed normally; and
(4) provide the individual with a summary of the procedures by which he may request correction, amendment, or deletion of recorded personal information.
(B) Any personal information provided pursuant to subsection (A) of this section shall identify the source of the information if it is an institutional source.
(C) Medical record information supplied by a medical care institutions or medical professional and requested under subsection (A) of this section, together with the identity of the medical professional or medical care institution that provided the information, must be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution, agent, or insurance-support organization prefers. If it elects to disclose the information to a medical professional designated by the individual, the insurance institution, agent, or insurance-support organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional.
(D) Except for personal information provided under Section 56-2-120, an insurance institution, agent, or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals.
(E) The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection (A) of this section, an insurance institution, agent, or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.
(F) The rights granted to individuals in this section shall extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.
(G) For purpose of this section, `insurance-support organization' does not include `consumer reporting agency'.
Section 56-2-110. (A) Within thirty business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession, an insurance institution, agent, or insurance-support organization shall either:
(1) correct, amend, or delete the portion of the recorded personal information in dispute; or
(2) notify the individual of:
(a) its refusal to make the correction, amendment, or deletion;
(b) the reasons for the refusal; and
(c) the individual's right to file a statement as provided in subsection (C).
(B) If the insurance institution, agent, or insurance-support organization corrects, amends, or deletes recorded personal information in accordance with item (1) of subsection (A) of this section, the insurance institution, agent, or insurance-support organization shall notify the individual in writing and furnish the correction, amendment, or fact of deletion to:
(1) any person specifically designated by the individual who, within the preceding two years, may have received the recorded personal information;
(2) any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has received systematically the recorded personal information from the insurance institution within the preceding seven yeas. The correction, amendment, or fact of deletion need not be furnished if the insurance-support organization no longer maintains recorded personal information about the individual; and
(3) any insurance-support organization that furnished the personal information that has been corrected, amended, or deleted.
(C) Whenever an individual disagrees with an insurance institution's agent's or insurance-support organization's refusal to correct, amend, or delete recorded personal information, the individual is permitted to file with the insurance institution, agent, or insurance-support organization:
(1) a concise statement setting forth what the individual thinks is the correct, relevant, or fair information; and
(2) a concise statement of the reasons why the individual disagrees with the insurance institution's, agent's, or insurance-support organization's refusal to correct, amend, or delete recorded personal information.
(D) If an individual files either statement as described in subsection (C), the insurance institution, agent, or support organization shall:
(1) file the statement with the disputed personal information and provide a means by which anyone reviewing the disputed personal information will be made aware of the individual's statement and have access to it; and
(2) in a subsequent disclosure by the insurance institution, agent, or support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter or matters in dispute and provide the individual's statement along with the recorded personal information being disclosed; and
(3) furnish the statement to the persons and in the manner specified in subsection (B).
(E) The rights granted to individuals in this section extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection do not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.
(F) For purposes of this section, `insurance-support organization' does not include `consumer reporting agency'.
Section 56-2-120. (A) In the event of an adverse underwriting decision, including those that involve policies referred to in item 1 of subsection (E) of Section 56-2-400 and in item (3) of subsection (F) of Section 56-2-370, the insurance institution or agent responsible for the decision shall give a written notice in a form approved by the department that:
(1) provides the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing; and
(2) provides to the applicant, policyholder, or individual proposed for coverage, a form preaddressed to the Director of the Department of Insurance which may serve as a request for review under Section 56-2-370(H). The form must:
(a) state the reasons for the adverse underwriting decision;
(b) state the name of the applicant, or policyholder, or individual proposed for coverage;
(c) state the name of the insurance institution and agent making the adverse underwriting decision;
(d) include the signature of the agent;
(e) be capable of mailing as a postcard;
(f) conform to other specifications deemed appropriate by the Director of the Department of Insurance, and;
(3) provides the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection (B) of this section and Sections 56-2-100 and 56-2-110.
(B) Upon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder, or individual proposed for coverage, the insurance institution or agent shall furnish to the person within twenty-one business days from the date of receipt of the written request:
(1) the specific items of personal and privileged information that support those reasons; however:
(a) the insurance institution or agent shall not be required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the department, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and
(b) specific items of medical-record information supplied by a medical-care institution or medical professional must be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution or agent prefers; and
(3) the names and addresses of the institutional sources that supplied the specific items of information given pursuant to subsection (B)(2) of this section. However, the identity of any medical professional or medical-care institution must be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers.
(C) The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. However, the insurance institution or agent making an adverse underwriting decision shall remain responsible for compliance with the obligations imposed by this section.
(D) When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection (A) of this section may be given orally.
Section 56-2-130. No insurance institution , agent, or insurance-support organization may seek information in connection with an insurance transaction concerning: (i) any previous adverse underwriting decision experienced by an individual, or (ii) any previous insurance coverage obtained by an individual through a residual market mechanism, unless the inquiry also requests the reasons for any previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism.
Section 56-2-140. No insurance institution or agent may base an adverse underwriting decision in whole or in part:
(1) on the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
(2) on personal information received from an insurance -support organization whose primary source of information is insurance institutions. However, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from an insurance-support organization; or
(3) on the fact that an individual previously obtained insurance coverage from a particular insurance institution or agent.
Section 56-2-150. An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is:
(1) with the written authorization of the individual, provided:
(a) if the authorization is submitted by another insurance institution, agent, of insurance-support organization, the authorization meets the requirements of Section 56-2-80; or
(b) if the authorization is submitted by a person other than an insurance institution, agent, or insurance-support organization, the authorization is:
(i) dated,
(ii) signed by the individual, and
(iii) obtained one year or less before the date a disclosure is sought pursuant to this item; or
(2) to a person other than an insurance institution, agent, or insurance-support organization, provided the disclosure is reasonably necessary:
(a) to enable that person to perform a business, professional or insurance function for the disclosing insurance institution, agent, or insurance-support organization and that person agrees not to disclose the information further without the individual's written authorization unless the further disclosure:
(i) would otherwise be permitted by this section if made by an insurance institution, agent, or insurance-support organization; or
(ii) is reasonably necessary for that person to perform its function for the disclosing insurance institution, agent, or insurance-support organization; or
(b) to enable that person to provide information to the disclosing insurance institution, agent, or insurance-support organization for the purpose of:
(i) determining an individual's eligibility for an insurance benefit or payment; or
(ii) detecting or preventing criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with an insurance transaction; or
(3) to an insurance institution, agent, or insurance-support organization, or self-insurer, provided the information disclosed is limited to that which is reasonably necessary:
(a) to detect or prevent criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with insurance transactions; or
(b) for either the disclosing or receiving insurance institution, agent or insurance-support organization to perform its function in connection with an insurance transaction involving the individual; or
(4) to a medical-care institution or medical professional for the purpose of (i) verifying insurance coverage or benefits, (ii) informing an individual of a medical problem of which the individual may not be aware or (iii) conducting an operations or service audit, provided only that information is disclosed as is reasonably necessary to accomplish the foregoing purposes; or
(5) to an insurance regulatory authority; or
(6) to a law enforcement or to other government authority:
(a) to protect the interests of the insurance institution, agent or insurance-support organization in preventing or prosecuting the perpetration of fraud upon it; or
(b) if the insurance institution, agent, or insurance support-organization reasonably believes that illegal activities have been conducted by the individual; or
(c) upon written request of any law enforcement agency, for all insured or claimant information in the possession of an insurance institution, agent, or insurance-support organization which relates an ongoing criminal investigation, such insurance institution, agent, or insurance-support organization shall release such information, including, but not limited to, policy information, premium payment records, record of prior claims by the insured or by another claimant, and information collected in connection with an insurance company's investigation of an application or claim. Any information released to a law enforcement agency pursuant to such request shall be treated as confidential criminal investigation information and not be disclosed further except as provided by law. Notwithstanding any provision in this chapter, no insurance institution, agent, or insurance-support organization shall notify any insured or claimant that information has been requested or supplied pursuant to this section before notification from the requesting law enforcement agency that its criminal investigation is completed. Within ninety days following the completion of any such criminal investigation, the law enforcement agency making such a request for information shall notify any insurance institution, agent, or insurance-support organization from whom information was requested that the criminal investigation has been completed.
(7) otherwise permitted or required by law; or
(8) in response to a facially valid administrative or judicial order, including a search warrant or subpoena; or
(9) made for the purpose of conducting actuarial or research studies, provided:
(a) no individual may be identified in any actuarial or research report and
(b) materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed, and
(c) the actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent, or insurance-support organization; or
(10) to a party or a representative of a party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the insurance institution, agent, or insurance-support organization, provided:
(a) before the consummation of the sale, transfer, merger, or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger, or consolidation, and
(b) the recipient agrees not to disclose the information unless the disclosure would other wise be permitted by this section if made by an insurance institution, agent, or insurance-support organization; or
(11) to a person whose only use of such information will be in connection with the marketing of a product or service, provided:
(a) no medical-record information, privileged information, or personal information relating to an individual's character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from the information is disclosed,
(b) the individual has been given an opportunity to indicate that he does not want personal information disclosed for marketing purposes and has given no indication that he does not want the information disclosed, and
(c) the person receiving such information agrees not to use it except in connection with the marketing of a product or service; or
(12) to an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons; or
(13) by a consumer reporting agency, provided the disclosure is to a person other than an insurance institution or agent; or
(14) to a group policyholder for the purposed of reporting claims experience or conducting an audit of the insurance institution's or agent's operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit; or
(15) to a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional; or
(16) to a governmental authority for the purpose of determining the individual's eligibility for health benefits for which the governmental authority may be liable; or
(17) to a certificate holder or policy holder for the purpose of providing information regarding the status of an insurance transaction; or
(18) to a lienholder, mortgagee, assignee, lessor or other person shown on the records of an insurance institution or agent as having a legal or beneficial interest in a policy of insurance, provided that:
(a) no medical record information is disclosed unless the disclosure would be permitted by this section; and
(b) the information disclosed is limited to that which is reasonably necessary to permit such person to protect his interest in the policy.
Section 56-2-160. If a duly appointed agent of an insurer proposes to place a policy of motor vehicle insurance as defined in Section 56-2-370 with another insurer or proposes to submit an application to the South Carolina Automobile Insurance Plan as set forth in Section 56-4-860 of this title solely because of a moratorium on such agent's soliciting, negotiating, procuring, or effecting new motor vehicle insurance that would otherwise be acceptable to such insurer of such placement or submission would result in the applicant's being charged a higher rate, the agent shall disclose to the applicant the existence of the moratorium before such placement or submission.
Section 56-2-170. (A) The Department shall have the power to examine and investigate the affairs of any insurance institution or agent doing business in this State to determine whether the insurance institution or agent has been or is engaged in any conduct in the violation of this chapter.
(B) The Department shall have the power to examine and investigate the affairs of any insurance-support organization that acts on behalf of an insurance institution or agent and that either (i) transacts business in this State, or (ii) transacts business outside this State and has an effect on a person residing in this State, in order to determine whether the insurance-support organization has been or is engaged in any conduct in violation of this chapter.
Section 56-2-180. (A) Whenever the Department has reason to believe that an insurance institution, agent or insurance-support organization has been or is engaged in conduct in this State that violates this chapter, or whenever the Department has reason to believe that an insurance-support organization has been or is engaged in conduct outside this State that has an effect on a person residing in this State, and that violates this chapter, the Department may issue and serve upon the insurance institution, agent, or insurance-support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be at least ten days after the date of service.
(B) At the time and place fixed for the hearing, the insurance institution, agent, or insurance-support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the Department shall permit any adversely affected person to intervene, appear, and be heard at the hearing by counsel or in person.
(C) In all matters in connection with such investigation, charge, or hearing the Department shall have the jurisdiction, power and authority granted or conferred upon it by the laws of this State.
Section 56-2-190. For the purpose of this chapter, an insurance-support organization transacting business outside this State that has an effect on a person residing in this State and which is alleged to violate this chapter is considered to have appointed the clerk of the department to accept service of process on its behalf. Service on the clerk shall be made in accordance with the provisions of law.
Section 56-2-200. (A) If any insurance institution, agent, or insurance-support organization fails to comply with Sections 56-2-100, 56-2-110, or 56-2-120, any person whose rights granted under those sections are violated may apply to a court of competent jurisdiction for appropriate equitable relief.
(B) An insurance institution, agent, or insurance-support organization that discloses information in violation of Section 56-2-150 shall be liable for damages sustained by the individual to whom the information relates. No individual, however, shall be entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of Section 56-2-150.
(C) In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.
(D) An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.
(E) The remedies provided for in this section are not the exclusive remedies available.
Section 56-2-210. No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance-support organization. However, this section shall provide no immunity for disclosing or furnishing false information with malice or willful intent to injure any person.
Section 56-2-220. Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent, or insurance-support organization under false pretenses shall be fined not more than $10,000 or punished by confinement in jail for not more than 12 months, or both.
Section 56-2-230. The rights granted under Sections 56-2-100, 56-2-110 and 56-2-150 of this chapter shall take effect on January 1, 1997, regardless of the date of the collection or receipt of the information that is the subject of those sections.
Section 56-2-240. No policy or contract insuring or indemnifying against liability for injury to or the death of a person, or for injury to or destruction of property, may be issued or delivered in this State unless it contains in substance the following provisions or other provisions that are at least equally favorable to the insured and to judgment creditors:
(1) that the insolvency or bankruptcy of the insured, or the insolvency of the insured's estate, shall not relieve the insurer of any of its obligations under the policy or contract;
(2) that if execution on a judgment against the insured or his personal representative is returned unsatisfied in an action brought to recover damages for injury sustained or for loss or damage incurred during the life of the policy or contract, then an action may be maintained against the insurer under the terms of the policy or contract for the amount of the judgment not exceeding the amount of the applicable limit of coverage under the policy or contract.
Section 56-2-250. (A) Upon request of an insured, each insurer licensed in this State issuing or delivering a policy or contract of bodily injury or property damage liability insurance covering liability arising from the ownership, maintenance, or use of a motor vehicle shall provide on payment of the premium, as a minimum coverage (i) to persons occupying the insured motor vehicle; and (ii) to the named insured and, while resident of the named insured's household, the spouse and relatives of the named insured while in or upon, entering or alighting from or through being struck by a motor vehicle while not occupying a motor vehicle, the following health care and disability benefits for each accident:
(1) all reasonable and necessary expenses for medical, chiropractic, hospital, dental, surgical, ambulance, prosthetic and rehabilitation services, and funeral expenses resulting from the accident and incurred within three years after the date of the accident, up to two thousand dollars a person; however, if the insured does not elect to purchase the limit the insurer and insured may agree to any other limit; and
(2) if the person is usually engaged in a remunerative occupation, an amount equal to the loss of income incurred after the date of the accident resulting from injuries received in the accident up to one hundred dollars a week during the period from the first workday lost as a result of the accident up to the date the person is able to return to his usual occupation. However, the period may not extend beyond one year from the date of the accident.
(B) The insured has the option of purchasing either or both of the coverages set forth in subsection (A)(1) and (2) of this section. Either or both of the coverages, as well as any other medical expense or loss of income coverage under a policy of automobile liability insurance, is payable notwithstanding the failure or refusal of the named insured or other person entitled to the coverage to give notice to the insurer of an accident as soon as practicable under the terms of the policy, except where the failure or refusal prejudices the insurer in establishing the validity of the claim.
(C) In a policy of personal automobile insurance in which the insured has purchased coverage under subsection (A) of this section, every insurer providing such coverage arising from the ownership, maintenance, or use of no more than four motor vehicles is liable to pay up to the maximum policy limit available on every motor vehicle insured under that coverage if the health care or disability expenses and costs mentioned in subsection (A) of this section exceed the limits of coverage for any one motor vehicle so insured.
Section 56-2-260. (A) No original premium notice for insurance covering liability arising out of the ownership, maintenance, or use of a motor vehicle may be issued or delivered unless it contains on the front of the premium notice or unless there is enclosed with the premium notice, in boldface type, the following statement:
IN ADDITION TO THE MINIMUM INSURANCE REQUIRED BY LAW, YOU MAY PURCHASE ADDITIONAL INSURANCE COVERAGE FOR THE NAMED INSURED AND FOR HIS RELATIVES WHO ARE MEMBERS OF HIS HOUSEHOLD WHILE OCCUPYING A MOTOR VEHICLE, OR IF STRUCK BY A MOTOR VEHICLE WHILE NOT OCCUPYING A MOTOR VEHICLE, AND FOR OCCUPANTS OF THE INSURED MOTOR VEHICLE. THE FOLLOWING HEALTH CARE AND DISABILITY BENEFITS ARE AVAILABLE FOR EACH ACCIDENT:
(a) PAYMENT OF UP TO TWO THOUSAND DOLLARS A PERSON FOR ALL REASONABLE AND NECESSARY EXPENSES FOR MEDICAL, CHIROPRACTIC, HOSPITAL, DENTAL, SURGICAL, AMBULANCE, PROSTHETIC AND REHABILITATION SERVICES, AND FUNERAL EXPENSES RESULTING FROM THE ACCIDENT AND INCURRED WITHIN THREE YEARS AFTER THE DATE OF THE ACCIDENT; AND
(B) AN AMOUNT EQUAL TO THE LOSS OF INCOME UP TO ONE HUNDRED DOLLARS A WEEK IF THE INJURED PERSON IS ENGAGED IN AN OCCUPATION FOR WHICH HE RECEIVES COMPENSATION, FROM THE FIRST WORKDAY LOST AS A RESULT OF THE ACCIDENT UP TO THE DATE THE PERSON IS ABLE TO RETURN TO HIS USUAL OCCUPATION. THE PAYMENTS ARE LIMITED TO A PERIOD EXTENDING ONE YEAR FROM THE DATE OF THE ACCIDENT.
IF YOU DESIRE TO PURCHASE EITHER OR BOTH OF THESE COVERAGES AT AN ADDITIONAL PREMIUM, YOU MAY DO SO BY CONTACTING THE AGENT OR COMPANY THAT ISSUED YOUR POLICY.
The insurer issuing the premium notice shall inform the insured by any reasonable means of communication of the approximate premium for the additional coverage.
(B) No new policy or original premium notice of insurance covering liability arising out of the ownership, maintenance, or use of a motor vehicle may be issued or delivered unless it contains the following statement printed in boldface type, or unless the statement is attached to the front of or is enclosed with the policy or premium notice:
IN ADDITION TO THE INSURANCE COVERAGE REQUIRED BY LAW TO PROTECT YOU AGAINST A LOSS CAUSED BY AN UNINSURED MOTORIST, IF YOU HAVE PURCHASED LIABILITY INSURANCE COVERAGE THAT IS HIGHER THAN THAT REQUIRED BY LAW TO PROTECT YOU AGAINST LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF THE MOTOR VEHICLES COVERED BY THIS POLICY, AND YOU HAVE NOT ALREADY PURCHASED UNINSURED MOTORIST INSURANCE COVERAGE EQUAL TO YOUR LIABILITY INSURANCE COVERAGE:
(1) YOUR UNINSURED AND UNDERINSURED MOTORIST INSURANCE COVERAGE HAS INCREASED TO THE LIMITS OF YOUR LIABILITY COVERAGE AND THIS INCREASE WILL COST YOU AN EXTRA PREMIUM CHARGE; AND
(2) YOUR TOTAL PREMIUM CHARGE FOR YOUR MOTOR VEHICLE INSURANCE COVERAGE WILL INCREASE IF YOU DO NOT NOTIFY YOUR AGENT OR INSURER OF YOUR DESIRE TO REDUCE COVERAGE WITHIN TWENTY DAYS OF THE MAILING OF THE POLICY OR THE PREMIUM NOTICE, AS THE CASE MAY BE;
(3) IF THIS IS A NEW POLICY AND YOU HAVE ALREADY SIGNED A WRITTEN REJECTION OF SUCH HIGHER LIMITS IN CONNECTION WITH IT, PARAGRAPHS (1) AND (2) OF THIS NOTICE DO NOT APPLY.
After twenty days, the insurer is relieved of the obligation imposed by this subsection to attach or imprint the foregoing statement to any subsequently delivered renewal policy, extension certificate, other written statement of coverage continuance, or to any subsequently mailed premium notice.
Section 56-2-270. Notwithstanding any provision of a policy or contract of bodily injury liability insurance, when the policy or contract provides for reimbursement for a service that may be performed legally by a person licensed in this State for the practice of chiropractic, reimbursement under the policy may not be denied because the service is rendered by a licensed chiropractor.
Section 56-2-280. (A) No policy or contract of bodily injury or property damage liability insurance, covering liability arising from the ownership, maintenance, or use of a motor vehicle, aircraft, or private pleasure watercraft, may be issued or delivered in this State to the owner of the vehicle, aircraft, or watercraft, or may be issued or delivered by an insurer licensed in this State upon a motor vehicle, aircraft, or private pleasure watercraft that is principally garaged, docked, or used in this State, unless the policy contains a provision insuring the named insured, and any other person using or responsible for the use of the motor vehicle, aircraft, or private pleasure watercraft with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract as a result of negligence in the operation or use of the vehicle, aircraft, or watercraft by the named insured or by any such person. Each policy or contract of liability insurance, or endorsement to the policy or contract, insuring private passenger automobiles, aircraft, or private pleasure watercraft principally garaged, docked, or used in this State, that has as the named insured an individual or husband and wife and that includes, with respect to any liability insurance provided by the policy, contract, or endorsement for use of a nonowned automobile, aircraft, or private pleasure watercraft, a provision requiring permission or consent of the owner of the automobile, aircraft, or private pleasure watercraft for the insurance to apply, shall be construed to include permission or consent of the custodian in the provision requiring permission or consent of the owner.
(B) For aircraft liability insurance, the policy or contract may contain the exclusions listed in Section 56-2-550. Notwithstanding the provisions of this section or any other provision of law, no policy or contract shall require pilot experience greater than that prescribed by the Federal Aviation Administration, except for pilots operating air taxis, or pilots operating aircraft applying chemicals, seed, or fertilizer.
(C) No policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle may be issued or delivered in this State to the owner of a vehicle or may be issued or delivered by an insurer licensed in this State upon a motor vehicle principally garaged or used in this State without an endorsement or provision insuring the named insured, and any other person using or responsible for the use of the motor vehicle with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract as a result of negligence in the operation or use of the motor vehicle by the named insured or by any other person. This provision applies notwithstanding the failure or refusal of the named insured or other person to cooperate with the insurer under the terms of the policy. If the failure or refusal to cooperate prejudices the insurer in the defense of an action for damages arising from the operation or use of the insured motor vehicle, then the endorsement or provision is void. If an insurer has actual notice of a motion for judgment or complaint having been served on an insured, the mere failure of the insured to turn the motion or complaint over to the insurer may not be a defense to the insurer, nor void the endorsement or provision, nor in any way relive the insurer of its obligations to the insured, provided the insured otherwise cooperates and in no way prejudices the insurer.
Where the insurer has elected to provide a defense to its insured under such circumstances and files responsive pleadings in the name of its insured, the insured is not subject to sanctions for failure to comply with discovery pursuant to the South Carolina Rules of Civil Procedure unless it can be shown that the suit papers actually reached the insured, and that the insurer has failed after exercising due diligence to locate its insured, and as long as the insurer provides such information in response to discovery as it can without the assistance of the insured.
(D) Any endorsement, provision, or rider attached to or included in any policy of insurance which purports or seeks to limit or reduce the coverage afforded by the provisions required by this section is void.
Section 56-2-290. (A)(1) Each policy or contract of bodily injury or property damage liability insurance which provides insurance to a named insured in connection with the business of selling, leasing, repairing, servicing, storing, or parking motor vehicles, against liability arising from the ownership, maintenance, or use of a motor vehicle incident thereto shall contain a provision that the insurance coverage applicable to those motor vehicles are not applicable to a person other than the named insured and his employees in the course of their employment if there is any other valid and collectible insurance applicable to the same loss covering the other person under a policy with limits at least equal to the financial responsibility requirements specified in Section 56-2-940. The provision applies to motor vehicles which are either for the purpose of demonstrating to the other person as a prospective purchaser, or which are loaned or leased to the other person as a convenience during the repairing or servicing of a motor vehicle for the other person, or leased to the other person for six months or more.
(2) If the other valid and collectible insurance has limits less than the financial responsibility requirements specified in Section 56-4-940, then the coverage afforded a person other than the named insured and his employees in the course of their employment is applicable to the extent necessary to equal the financial responsibility requirements specified in Section 56-4-940.
(3) If there is no other valid and collectible insurance available, the coverage under the policy afforded a person, other than the named insured and his employees in the course of their employment, is applicable, but the amount recoverable in such case may not exceed the financial responsibility requirements specified in Section 56-4-940. If there is no other valid and collectible collision or upset insurance available and if the policy provides insurance to the named insured for collision or upset, it shall include any other person as an additional insured, unless in the case of a leased vehicle the other persons receives a conspicuous written disclosure at the commencement of the lease, warning the person that he is not an additional insured under the owner's policy for collision or upset coverage.
(B)(1) A policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle excludes coverage to persons other than (i) the named insured, or (ii) directors, stockholders, partners, agents, or employees of the named insured, or (iii) residents of the household of either (i) or (ii), while those persons are employed or otherwise engaged in the business of selling, repairing, servicing, storing, or parking motor vehicles if there is any other valid or collectible insurance applicable to the same loss covering the persons under a policy with limits at least equal to the financial responsibility requirements specified in Section 56-4-940.
(2) If the other valid and collectible insurance has limits less than the financial responsibility requirements specified in Section 56-4-940, then the coverage afforded a person other than the named insured while that person is employed or otherwise engaged in the business of selling, repairing, servicing, storing, or parking motor vehicles is applicable to the extent necessary to equal the financial responsibility requirements specified in Section 56-4-940.
(3) If there is no other valid and collectible insurance available, the coverage afforded a person other than the named insured while that person is employed or otherwise engaged in the business of selling, repairing, servicing, storing, or parking motor vehicles shall apply, but the amount recoverable shall not exceed the financial responsibility requirements specified in Section 56-4-940.
Section 56-2-300. (A) Each insurer issuing or delivering a policy or contract of motor vehicle insurance that includes coverage for bodily injury or property damage liability arising from the ownership, maintenance, or use of a motor vehicle as provided in this chapter, shall suspend any coverage for a motor vehicle at the request of a named insured ordered to military duty outside this State, or his personal representative, during any period that the motor vehicle is impounded in a motor vehicle impound lot on a military base of the United States Armed Forces, the Reserves of the United States Armed Forces, or the National Guard. However, an insurer may decline to suspend such coverage (i) unless satisfactory evidence of the impoundment is furnished to it, or (ii) if the period for which coverage suspension is requested is less than thirty days. The suspended coverage must be reinstated upon request of the named insured, or his personal representative, effective not earlier than the receipt of the request by the insurer or any of its authorized representatives.
(B) An insurer suspending coverage pursuant to this section shall refund any unearned premium to the named insured, or his personal representative, on a pro rata basis.
(C) The provisions of this section shall not alter or limit the insured's obligations under Sections 56-4-1230, et seq.
Section 56-2-310. (A) Except as provided in subsection (J) of this section, no policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle may be issued or delivered in this State to the owner of the vehicle or issued or delivered by an insurer licensed in this State upon a motor vehicle principally garaged or used in this State unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is entitled legally to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of Section 56-4-10. Those limits shall equal but not exceed the limits of the liability insurance provided by the policy, unless the insured rejects the additional uninsured motorist insurance coverage by notifying the insurer as provided in Section 56-2-260(B). Where the insured contracts for higher limits, the endorsement or provisions for those limits shall obligate the insurer to make payment for bodily injury or property damage caused by the operation or use of an underinsured motor vehicle to the extent the vehicle is underinsured, as defined in subsection (B) of this section. The endorsement or provisions also shall provide for at least twenty thousand dollars coverage for damage 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 where the loss or damage is a result of any one accident involving an unidentifiable owner or operator of an uninsured motor vehicle.
(B) As used in this section, `bodily injury' includes death resulting from bodily injury.
`Insured' as used in subsections (A), (D), (G), and (H) of this section means the named insured and, while resident of the same household, the spouse of the named insured, and relatives of either, while in a motor vehicle or otherwise, and any person who uses the motor vehicle to which the policy applies, with the expressed or implied consent of the named insured, and a guest in the motor vehicle to which the policy applies or the personal representative or any of the above.
`Uninsured motor vehicle' means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by Section 56-4-10, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with the insurer, (iii) there is no bond or deposit of money or securities in lieu of the insurance, or (iv) the owner of the motor vehicle has not qualified as a self-insurer under the provisions of Section 56-4-30. A motor vehicle is considered uninsured if its owner or operator is unknown.
A motor vehicle is `underinsured' when, and to the extent that, the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for the bodily injury or property damage, including all bonds or deposits of money or securities made pursuant to Section 56-4-570, et seq., is less than the total amount of uninsured motorist coverage afforded a person injured as a result of the operation or use of the vehicle. `Available for payment' means the amount of liability insurance coverage applicable to the claim of the injured person for bodily injury or property damage reduced by the payment of any other claims arising out of the same occurrence.
If an injured person is entitled to underinsured motorist coverage under more than one policy, the following order of priority of policies applies and any amount available for payment must be credited against the policies in the following order of priority:
(1) the policy covering a motor vehicle occupied by the injured person at the time of the accident;
(2) the policy covering a motor vehicle not involved in the accident under which the injured person is a named insured;
(3) the policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured. Where there is more than one insurer providing coverage under one of the payment priorities set forth, their liability must be proportioned as to their respective underinsured motorist coverages.
Recovery under the endorsement or provisions is subject to the conditions set forth in this section.
(C) There is a rebuttable presumption that a motor vehicle is uninsured if the Executive Director of the Department of Revenue and Taxation certifies that, from the records of the department it appears that:
(1) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by Section 56-4-10 covering the owner or operator of the motor vehicle; or
(2) no bond has been given or cash or securities delivered in lieu of the insurance; or
(3) the owner or operator of the motor vehicle has not qualified as a self-insurer in accordance with the provisions of Section 56-4-30. (D) If the owner or operator of a motor vehicle that causes bodily injury or property damage to the insured is unknown, and if the damage or injury results from an accident where there has been no contact between that motor vehicle and the motor vehicle occupied by the insured, or where there has been no contact with the person of the insured if the insured was not occupying a motor vehicle, then for the insured to recover under the endorsement required by subsection (A) of this section,m the accident must be reported promptly to either (i) the insurer, or (ii) a law enforcement officer having jurisdiction in the county or city in which the accident occurred. If it is not reasonably practicable to make the report promptly, the report must be made as soon as reasonably practicable under the circumstances.
(E) If the owner or operator of a vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as `John Doe' and service of process may be made by delivering a copy of the motion for judgment or other pleadings to the clerk of the court in which the action is brought. Service upon the insurer issuing the policy must be made as prescribed by law as though the insurer were a party defendant. The insurer has the right to file pleadings and take other action allowable by law in the name of John Doe.
(F) If any action is instituted against the owner or operator of an uninsured or underinsured motor vehicle by any insured intending to rely on the uninsured or underinsured coverage provision or endorsement of this policy under which the insured is making a claim, then the insured shall serve a copy of the process upon this insurer in the manner prescribed by law, as though the insurer were a party defendant. The insurer shall then have the right to file pleadings and take other action allowable by law in the name of the owner or operator of the uninsured or underinsured motor vehicle or in its own name. Nothing in this subsection shall prevent the owner or operator of the uninsured motor vehicle from employing counsel of his own choice and taking any action in his own interest in connection with the proceeding.
(G) Any insurer paying a claim under the endorsement or provisions required by subsection (A) of this section shall be subrogated to the rights of the insured to whom the claim was paid against the person causing the injury, death, or damage and that person's insurer, although it may deny coverage for any reason, to the extent that payment was made. The bringing of an action against the unknown owner or operator as John Doe or the conclusion of such an action shall not bar the insured from bringing an action against the owner or operator proceeded against as John Doe, or against the owner's or operator's insurer denying coverage for any reason, if the identity of the owner or operator who caused the injury or damages becomes known. Any recovery against the owner or operator, or the insurer of the owner or operator shall be paid to the insurer of the injured party to the extent that the insurer paid the named insured in the action brought against the owner or operator as John Doe. However, the insurer shall pay its proportionate part of all reasonable costs and expenses incurred in connection with the action, including reasonable attorney's fees. Nothing in an endorsement or provisions made under this subsection nor any other provision of law shall prevent the joining in an action against John Doe of the owner or operator of the motor vehicle causing the injury as a party defendant, and the joinder is hereby specifically authorized.
(H) No endorsement or provisions providing the coverage required by subsection (A) of this section shall require arbitration of any claim arising under the endorsement or provisions, nor may anything be required of the insured except the establishment of legal liability, nor shall the insured be restricted or prevented in any manner from employing legal counsel or instituting legal proceedings.
(I) The provisions of Section 56-2-280(A) and (B) and the provisions of subsection (A) of this section shall not apply to any policy of insurance to the extent that it covers the liability of the employer under any workers' compensation law, or to the extent that it covers liability to which the Federal Tort Claims Act applies. No provision or application of this section shall limit the liability of an insurer of motor vehicles to an employee or other insured under this section who is injured by an uninsured motor vehicle; provided that in the event an employee of a self-insured employer receives a workers' compensation award for injuries resulting from an accident with an uninsured motor vehicle, such award shall be set off against any judgment for damages awarded pursuant to this section for personal injuries resulting from such accident.
(J) Policies of insurance whose primary purpose is to provide coverage in excess of other valid and collectible insurance or qualified self-insurance may include uninsured motorist coverage as provided in subsection (A) of this section. Insurers issuing or providing liability policies that are of an excess or umbrella type or which provide liability coverage incidental to a policy and not related to a specifically insured motor vehicle, shall not be required to offer, provide or make available to those policies uninsured or underinsured motor vehicle coverage as defined in subsection (A) of this section.
(K) A liability insurance carrier providing coverage under a policy issued or renewed on or after July 1, 1993, may pay the entire amount of its available coverage without obtaining a release of a claim if the claimant has underinsured insurance coverage in excess of the amount so paid. Any liability insurer making a payment pursuant to this section shall promptly give notice to its insured and to the insurer which provides the underinsured coverage that it has paid the full amount of its available coverage.
Section 56-2-320. No policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle, aircraft, or watercraft shall exclude coverage to an employee of the insured in any controversy arising between employees even though one employee shall be awarded compensation as may be provided by law.
Section 56-2-330. (A) No written notice of cancellation or refusal to renew that is mailed by an insurer to an insured in accordance with the provisions of a motor vehicle insurance policy shall be effective unless:
(1)(a) It is sent by registered or certified mail, or
(b) at the time of mailing the insurer obtains a written receipt from the United States Postal Service showing the name and address of the insured stated in the policy;
(2) the insurer retains a duplicate copy of the notice of cancellation or refusal to renew; and
(3) at the time of mailing the insurer endorses upon the duplicate copy of the notice a certificate showing that the duplicate is a copy of the notice that was sent to the insured (i) by registered or certified mail, or (ii) by regular mail for which the postal receipt was obtained.
(B) If the terms of the policy require the notice of cancellation or refusal to renew to be given to any lienholder, then the insurer shall also retain a duplicate copy of the lienholder's notice endorsed in the manner required by this section. If the notices sent to the insured and the lienholder are part of the same form, the insurer may retain a single duplicate copy upon which is endorsed the appropriate certificate for both the insured and the lienholder. The registered, certified, or regular mail postal receipt and the duplicate copy of the notice shall be retained by the insurer for at least one year from the date of termination.
Section 56-2-340. No policy or contract of bodily injury or property damage liability insurance that contains any representation by an insurer to pay all reasonable medical expenses incurred for bodily injury caused by accident to the insured or any relative or other person coming within the provisions of the policy, shall be issued or delivered by any insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State, if the insurer retains the right of subrogation to recover amounts paid on behalf of an injured person under the provision of the policy from any third party.
Section 56-2-350. (A) Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle as defined in Section 56-2-180 shall have the following statement printed on or attached to the first page of the application form, in boldface type: READ YOUR POLICY. THE POLICY OF INSURANCE FOR WHICH THIS APPLICATION IS BEING MADE, IF ISSUED, MAY BE CANCELED WITHOUT CAUSE AT THE OPTION OF THE INSURER AT ANY TIME IN THE FIRST 60 DAYS DURING WHICH IT IS IN EFFECT AND AT ANY TIME THEREAFTER FOR REASONS STATED IN THE POLICY.
(B) Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle defined in Section 56-2-370 that requires the insured to disclose information as to any previous cancellation or refusal to renew shall also permit the insured to offer or provide a full explanation of the reason for the cancellation or refusal to renew.
(C) The notice required by this section shall be given by the insurer to any applicant within ten days of the application in the event the applicant is not provided a written copy of the application and the coverage has been bound by such insurer.
(D) This section shall not apply to the renewal of any policy of insurance.
Section 56-2-360. No policy or contract of bodily injury or property damage liability insurance that contains any representation by an insurer to pay all reasonable medical expenses incurred for bodily injury caused by accident to the insured, relative, or any other person coming within the provisions of the policy, shall be issued or delivered by any insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State. If the policy provides for credit against the medical expense coverage for any other medical expense insurance to which the injured person may be entitled. Nothing in this section allows the injured person to collect more than his actual medical expenses as a result of an accident from any one or any combination of all policies providing motor vehicle medical payment coverage applicable to the accident.
Section 56-2-370. (A) The following definitions shall apply to this section:
`Cancellation' or `to cancel' means a termination of a policy during the policy period.
`Insurer' means any insurance company, association, or exchange licensed to transact motor vehicle insurance in this State.
`Policy of motor vehicle insurance' or `policy' means a policy or contract for bodily injury or property damage liability insurance issued or delivered in this State covering liability arising from the ownership, maintenance, or use of any motor vehicle, insuring as the named insured one individual or husband and wife who are residents of the same household, and under which the insured vehicle designated in the policy is either:
(a) A motor vehicle of a private passenger, station wagon, or motorcycle type that is not used commercially, rented to others, or used as a public or livery conveyance where the terms `public or livery conveyance' do not include car pools, or
(b) Any other four-wheel motor vehicle which is not used in the occupation, profession, or business, other than farming, of the insured, or as a public or livery conveyance, or rented to others. The term `policy of motor vehicle insurance' or `policy' does not include (i) any policy issued through the South Carolina Automobile Insurance Plan, (ii) any policy covering the operation of a garage, sales agency, repair shop, service station, or public parking place, (iii) any policy providing insurance only on an excess basis, or (iv) any other contract providing insurance to the named insured even though the contract may incidentally provide insurance on motor vehicles.
`Renewal' or `to renew' means (i) the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, providing types and limits of coverage at least equal to those contained in the policy being superseded, or (ii) the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy. Each renewal shall conform with the requirements of the manual rules and rating program currently filed by the insurer with the Department of Insurance. Except as provided in subsection (K) of this section, any policy with a policy period or term of less than twelve months or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of six months from the original effective date.
(B) This section shall apply only to that portion of a policy of motor vehicle insurance providing the coverage required by motor vehicle insurance providing the coverage required by Sections 56-2-290 and 56-2-310.
(C)(1) No insurer shall refuse to renew or refuse to write a motor vehicle insurance policy solely because of any one or more of the following factors:
(a) age;
(b) sex;
(c) residence;
(d) race;
(e) color;
(f) creed;
(g) national origin;
(h) ancestry;
(i) marital status;
(j) lawful occupation, including the military service;
(k) lack of driving experience, or number of years driving experience;
(l) lack of supporting business or lack of the potential for acquiring such business;
(m) one or more accidents or violations that occurred more than thirty-six months immediately preceding the upcoming anniversary date;
(n) one or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence of contact;
(o) a single claim by a single insured submitted under the medical payments coverage or medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;
(p) one or more claims submitted under the comprehensive or towing coverages. However, nothing in this section shall prohibit an insurer from modifying or refusing to renew the comprehensive or towing coverages at the time of renewal of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer shall mail or deliver to the insured at the address shown in the policy written notice of any such change in coverage at least forty-five days before the renewal; or
(q) two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator.
(3) Nothing in this section shall require any insurer to renew a policy for an insured where the insured's occupation has changed so as to materially increase the risk. Nothing contained in subsections (C)(1)(n), (1)(o) and (1)(p) of this subsection shall prohibit an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.
(D) No insurer shall cancel a policy except for one or more of the following reasons:
(1) The named insured or any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has had his driver's license suspended or revoked during the policy period or, if the policy is a renewal, during its policy period or the ninety days immediately preceding the last anniversary of the effective date.
(2) The named insured fails to pay the premium for the policy or any installment of the premium, whether payable to the insurer or its agent either directly or indirectly under any premium finance plan or extension of credit.
(E) No cancellation or refusal to renew by an insurer of a policy of motor vehicle insurance shall be effective unless the insurer delivers or mails to the named insured at the address shown in the policy a written notice of the cancellation or refusal to renew. The notice shall:
(1) be in a type size authorized under Section 56-2-10;
(2) state the effective date of the cancellation or refusal to renew. The effective date of cancellation or refusal to renew shall be at least forty-five days after mailing or delivering to the insured the notice of cancellation or notice of refusal to renew. However, when the policy is being canceled or not renewed for the reason set forth in item (2) of subsection (D) of this section the effective date may be less than forty-five days but at least fifteen days from the date of mailing or delivery;
(3) state the specific reason of the insurer for cancellation or refusal to renew and provide for the notification required by Sections 56-2-20, 56-2-30, and 56-2-40(B). However, those notification requirements shall not apply when the policy is being canceled or not renewed for the reason set forth in item (2) of subsection (D) of this section.
(4) inform the insured of his right to request in writing within fifteen days of the receipt of the notice that the Director of the Department of Insurance review the action of the insurer.
The notice of cancellation or refusal to renew shall contain the following statement to inform the insured of such right:
Within fifteen days of receiving this notice, you or your attorney may request in writing that the Director of the Department of Insurance review this action to determine whether the insurer has complied with South Carolina laws in canceling or nonrenewing your policy. If this insurer has failed to comply with the cancellation or nonrenewal laws, the Director of the Department of Insurance may require that your policy be reinstated. However, the Director of the Department of Insurance is prohibited from making underwriting judgments. If this insurer has complied with the cancellation or nonrenewal laws, the Director of the Department of Insurance does not have the authority to overturn this action;
(5) inform the insured of the possible availability of other insurance which may be obtained through his agent, through another insurer, or through the South Carolina Automobile Insurance Plan.
(6) if sent by mail, comply with the provisions of Section 56-2-330. Nothing in this subsection prohibits any insurer or agent from including in the notice of cancellation or refusal to renew, any additional disclosure statements required by state or federal laws, or any additional information relating to the availability of other insurance.
(F) Nothing in this section shall apply:
(1) if the insurer or its agent acting on behalf of the insurer has manifested its willingness to renew by issuing or offering to issue a renewal policy, certificate, or other evidence of renewal, or has manifested its willingness to renew in writing to the insured. The written manifestation shall include the name of a proposed insurer, the expiration date of the policy, the type of insurance coverage, and information regarding the estimated renewal premium. The insurer shall retain a copy of each written manifestation for a period of at least one year from the expiration date of any policy that is not renewed;
(2) if the named insured, or his duly constituted attorney-in-fact, has notified in writing the insurer or its agent that he wishes the policy to be canceled or that he does not wish the policy to be renewed, or if before the date of expiration he fails to accept the offer of the insurer to renew the policy; or
(3) to any motor vehicle insurance policy which has been in effect less than sixty days when the termination notice is mailed or delivered to the insured, unless it is a renewal policy.
(G) There shall be no liability on the part of and no cause of action of any nature shall arise against the Director of the Department of Insurance or his subordinates; any insurer, its authorized representatives, its agents, or its employees; or any person furnishing to the insurer information as to reasons for cancellation or refusal to renew, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation or refusal to renew. For the purposes of this section, no insurer shall be required to furnish a notice of cancellation or refusal to renew to anyone other than the named insured, any person designated by the named insured, any other person to whom such notice is required to be given by the terms of the policy and the director.
(H) Within fifteen days of receipt of the notice of cancellation or refusal to renew or refusal to write, any insured or his attorney shall be entitled to request in writing to the Director of the Department of Insurance that he review the action of the insurer in canceling or refusing to renew the policy of the insured. Upon receipt of the request, the Director of the Department of Insurance shall promptly begin a review to determine whether the insurer's cancellation or refusal to renew complies with the requirements of this section and of Section 56-2-330 if the notice was sent by mail. The policy shall remain in full force and effect during the pendency of the review by the Director of the Department of Insurance except where the cancellation or refusal to renew is for the reason set forth in item (2) of subsection (D) of this section, in which case the policy shall terminate as of the effective date stated in the notice. Where the Director of the Department of Insurance finds from the review that the cancellation or refusal to renew or write has not complied with the requirements of this section or of Section 56-2-330, he shall immediately notify the insurer, the insured, and any other person to whom such notice was required to be given by the terms of the policy that the cancellation or refusal to renew or write is not effective. Nothing in this section authorizes the Director of the Department of Insurance to substitute his judgment as to underwriting for that of the insurer. Where the Director of the Department of Insurance finds in favor of the insured, the Department of Insurance in its discretion may award the insured reasonable attorneys' fees. In the event of wrongful refusal to renew or write, the Director of the Department of Insurance may, in his discretion, assess such fines as he considers appropriate and may revoke the license of the agent responsible for the act of a wrongful adverse underwriting decision. However, in the event of a wrongful refusal to renew or write based on age, sex, residence, race, color, creed, national origin, ancestry, or marital status, the Director of the Department of Insurance shall assess fines of not less than three times the annual premium, or, in his discretion, five thousand dollars, and shall revoke the license of the agent responsible for the act of a wrongful adverse underwriting decision. (I) When the Director of Insurance finds in favor of the insurance institution in a review of an adverse underwriting decision, the insured may appeal the decision to an Administrative Law Judge.
(J) Each insurer shall maintain for at least one year, records of cancellation and refusal to renew and copies of every notice or statement referred to in subsection (E) of this section that it sends to any of its insureds.
(K) The provisions of this section shall not apply to any insurer that limits the issuance of policies of motor vehicle liability insurance to one class or group of persons engaged in any one particular profession, trade, occupation, or business. Nothing in this section requires an insurer to renew a policy of motor vehicle insurance if the insured does not conform to the occupational or membership requirements of an insurer who limits its writings to an occupation or membership of an organization. No insurer is required to renew a policy if the insured becomes a nonresident of South Carolina.
(L) Notwithstanding any other provision of this section, a motor vehicle insurance policy with a policy period or term of five months or less may expire at its expiration date when the insurer has manifested in writing its willingness to renew the policy for at least thirty days and has mailed the written manifestation to the insured at least fifteen days before the expiration date of the policy. The written manifestation shall include the name of the proposed insurer, the expiration date of the policy, the type of insurance coverage, and the estimated renewal premium. The insurer shall retain a copy of the written manifestation for at least one year from the expiration date of any policy that is not renewed.
Section 56-2-380. Upon the verified petition of an insurer, where the petitioning insurer proposes to replace all or substantially all of its policies in another insurer, the Department of Insurance may relieve the insurer of the requirements of subsection (E) of Section 56-2-370 and of the mailing requirements of Section 56-2-330, provided the insurer demonstrates to the satisfaction of the Department that (i) the replacement policy is underwritten by an affiliate insurer under common control with the petitioning insurer; (ii) the replacement policy is substantially similar to the existing policy with the petitioning insurer; (iii) the premium charged for the replacement policy is no greater than that charged by the petitioning insurer for the existing policy; and (iv) the replacement insurer is duly licensed to transact the business of insurance in the State of South Carolina. The replacement insurer shall retain a copy of any offer of replacement for a period of one year from the expiration of any existing policy that is not replaced. The Department of Insurance may further condition any such relief to protect the best interests of the policyholder.
Section 56-2-390. No insurer or agent shall refuse to issue a motor vehicle insurance policy as defined in Section 56-2-370 solely because of any one or more of the following factors: the age, sex, residence, race, color, creed, national origin, ancestry, marital status, or lawful occupation, including the military service, of the person seeking the coverage. Nothing in this section prohibits any insurer from limiting the issuance of motor vehicle insurance policies to those who are residents of this State nor does this section prohibit any insurer from limiting the issuance of motor vehicle insurance policies only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect. Nothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.
Section 56-2-400. Any insurer issuing motor vehicle insurance policies as defined in Section 56-2-370, including those policies assigned to any insurer by the South Carolina Automobile Insurance Plan, shall provide the named insured with a statement defining his rate classifications. This statement shall be provided at the time of issuance or at the time of renewal if there has been a change in the named insured's rate classification. The statement shall not be considered a part of the policy and shall not be considered a warranty or representation by the insurer to the insured.
The Department of Insurance shall approve the form of the statement before its use.
Section 56-2-410. No insurer or agent shall refuse to issue or fail to renew a policy of motor vehicle liability insurance solely because of the age of the motor vehicle to be insured, provided the motor vehicle is licensed.
Section 56-2-420. No policy or contract of bodily injury liability insurance which contains any representation by an insurer to pay medical expenses incurred for bodily injuries caused by an accident to the insured or any relative or any other person coming under the provisions of the policy, shall be issued or delivered by any insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State if the policy contains any provision reducing the amount of damages covered under the liability of uninsured motorist coverages of the policy by the amount of payments made by the insurer under the medical expense or other medical payments coverage of the policy.
Section 56-2-430. (A) Any schedule of rates, rate classifications, or rating plans for motor vehicle insurance as defined in Section 56-2-370 filed with the Department of Insurance shall provide for an appropriate reduction in premium charges for those insured persons who are fifty-five years of age and older and who qualify as provided in this subsection. Only those insured persons who have successfully completed a motor vehicle accident prevention course approved by the Department of Transportation shall qualify for a three-year period after the completion of the course for the reduction in rates. No reduction in premiums shall be allowed for a self-instructed course or for any course that does not provide actual classroom instruction for a minimum number of hours as determined by the Department of Transportation.
(B) The Director of Insurance and the Department of Transportation may promulgate regulations which will assist them in carrying out the provisions of this section.
(C) All insurers writing motor vehicle insurance in South Carolina as defined in Section 56-4-370 shall allow an appropriate reduction in premium charges to all eligible persons subject to the provisions of this section.
(D) Upon successfully completing the approved course, the course's sponsor shall issue to each participant a certificate approved by the Department of Transforation which shall be evidence of qualification for the reduction in premium charges.
(E) Each participant shall take an approved course every three years in order to continue to be eligible for the reduction in premium charges.
(F) Nothing in this section prevents an insurer from offering appropriately reduced rates based solely on age to an insured person over the age of fifty-five years.
Section 56-2-450. The Department of Insurance shall prepare a standard form whenever it believes that any form of policy or any form of rider, endorsement, or other supplemental agreement or provision, for use in connection with any contract of motor vehicle insurance to be issued or delivered upon any motor vehicle principally garaged or principally used in this State, is so extensively used that a standard form is desirable. The Department of Insurance shall file a copy of the standard form in its office and shall provide by order that, at least thirty days after the order, the form shall become a standard form for use by all insurers unless objection to the proposed form is filed with the Department of Insurance within twenty days after the entry of the order. The Department of Insurance shall mail a copy of its order to all insurers licensed to transact the class of insurance to which the form is applicable, and to all rate service and advisory organizations representing those insurers.
Section 56-2-460. If any insurer or rate service organization affected by an order entered pursuant to Section 56-2-450 files objections to a proposed standard form within the time prescribed in the Department of Insurance's order, the Department of Insurance shall rescind the order and shall notify all insurers and rate service organizations affected by the order that on a day specified in the notice, which shall be at least thirty days from the date on which the objections are received, it will hold a public hearing on the adoption of the proposed form, and that at the hearing the Department of Insurance may by order confirm or amend the proposed form and set a day, at least thirty days after the entry of the order, when the approved form shall become a standard form for use by all insurers. The Department of Insurance may by like order refuse to adopt the proposed form.
Section 56-2-470. Except as provided in Section 56-2-490, after any standard form is adopted by the Department of Insurance, no insurer shall use any form covering substantially the same provisions contained in the standard form unless it is in the precise language of the form filed and adopted by the Department of Insurance.
Section 56-2-480. The Department of Insurance may amend the provisions of any standard form in the manner provided in this chapter for the adoption of a new standard form.
Section 56-2-490. Whenever the Department of Insurance believes there is no further necessity for requiring the use of any standard form adopted under the provisions of this chapter, it may, by order entered of record, withdraw the form, and thereafter its use shall not be required.
Section 56-2-500. For the word `company' appearing in any standard form, there may be substituted a more accurate descriptive term for the type of insurer. Additional provisions, other than those in the standard form, or coverages more favorable than those in the standard form, may be used with a standard form by any insurer with the approval of the Department of Insurance. However, the Department of Insurance shall first determine that the more favorable coverage or the additional provisions are not in conflict or inconsistent with the standard form, the laws of this State or any regulations adopted by the Department of Insurance. The approval and determination by the Department of Insurance shall be evidenced by an order entered of record.
Section 56-2-510. The Department of Insurance may establish guidelines for the filing of simplified and readable motor vehicle insurance policy forms that are acceptable for issuance. Notwithstanding the provisions of Section 56-2-450 through 56-2-500, an insurer may issue a motor vehicle insurance policy that deviates in language, but not in substance or coverage, from the standard policy form provided for in Sections 56-2-450 through 56-2-500, if the deviating policy form is (i) in no respect less favorable to the insured than the standard form, and (ii) approved by the Department of Insurance before issuance.
Section 56-2-520. A copy of each order entered by the Department of Insurance in accordance with the provisions of this chapter shall be sent to every insurer and rate service organization affected by the order.
Section 56-2-530. Whenever any insurer on a policy of liability insurance discovers a breach of the terms or conditions of the insurance contract by the insured and the insurer intends to rely on the breach in defense of liability for any claim within the terms of the policy, the insurer shall notify the claimant or the claimant's counsel of record of its intention to rely on the breach as a defense. Notification shall be given within twenty days after discovery by the insurer or any of its agents of the breach or of the claim, whichever is later. Whenever a nonwaiver of rights or similar agreement is executed by the insurer and the insured, notice of the nonwaiver of rights shall be given to the claimant or the claimant's counsel of record within ten days after that agreement is executed. Failure to serve the notice within ten days will result in a waiver of the defense to the extent of the claim by operation of law.
Section 56-2-540. No insurance policy issued or delivered in this State covering loss, expense, or liability arising out of the loss, maintenance, or use of an aircraft shall act to exclude or deny coverage because the aircraft is operated in violation of federal or civil regulations or any state or local ordinance. This section does not prohibit the use of specific exclusions or conditions in any policy that relates to any of the following:
(1) certification of an aircraft in a stated category by the Federal Aviation Administration;
(2) certification of a pilot in a stated category by the Federal Aviation Administration;
(3) establishing requirements for pilot experience; or
(4) restricting the use of the aircraft to the purposes stated in the policy.
Section 56-2-550. The Uninsured Motorists Fund, referred to in this chapter as the fund, shall be under the supervision and control of the Department of Insurance. Payments from the fund shall be made on warrants of the Comptroller General issued on vouchers signed by a person designated by the Department of Insurance. The purpose of the fund is to reduce the cost of the insurance required by subsection (A) of Section 56-2-310.
Section 56-2-560. The Department of Insurance shall distribute monies annually from the Fund among the several insurers writing motor vehicle bodily injury and property damage liability insurance on motor vehicles registered in this State. Monies shall be distributed in the proportion that each insurer's premium income for the basic uninsured motorists limits coverage bears to the total premium income for basic uninsured motorists limits coverage written in this State during the preceding year. Premium income shall be gross premiums less cancellation and return premiums for coverage required by subsection (A) of Section 56-2-310. Only insurers that maintain records satisfactory to the Department of Insurance shall receive any payment from the Fund. Records is considered satisfactory if they adequately disclose the loss experience for the coverage."
SECTION 2. Title 56 of the 1976 Code is amended by adding:
Section 56-4-10. The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning:
`Antique motor vehicle' means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than twenty-five years before to January 1 of each calendar year and is owned solely as a collector's item.
`Automobile or watercraft transporters' means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations which transport motor vehicles or watercraft on their power unit, designed and used exclusively for the transportation of motor vehicles or watercraft.
`Bicycle' means a device propelled solely by human power, having pedals, two or more wheels, and a seat height of more than twenty-five inches from the ground when adjusted to its maximum height. A bicycle shall be a vehicle while operated on the highway.
`Business district' means the territory contiguous to a highway where seventy-five percent or more of the property contiguous to a highway, on either side of the highway, for a distance of three hundred feet or more along the highway, is occupied by land and buildings actually in use for business purposes.
`Camping trailer' means every vehicle which has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle.
`Cancel' or `cancellation' means that the document or privilege canceled has been annulled or terminated because of some error, defect, or ineligibility, but the cancellation is without prejudice and reapplication may be made at any time after cancellation.
`Chauffeur' means every person employed for the principal purpose of driving a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.
`Crosswalk' means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
`Decal' means a device to be attached to a license plate that validates the license plate for a predetermined registration period.
`Department' means the Department of Highways and Public Transportation.
`Director' means the Executive Director of the Department of Revenue and Taxation.
`Driver's license' means a license, including a commercial driver's license as defined in the Commercial Driver's License Act, issued under the laws of the State authorizing the operation of a motor vehicle.
`Essential parts' means all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity of a vehicle.
'Executive Director' means the Executive Director of the Department of Revenue.
`Farm tractor' means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements including self-propelled mowers designed and used for mowing lawns.
`Federal safety requirements' means applicable provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. Section 1381 et seq.) and all administrative regulations and policies adopted pursuant thereto.
`Financial responsibility' means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in Section 56-4-940.
`Foreign market vehicle' means a motor vehicle originally manufactured outside the United States, which was not manufactured in accordance with the National Traffic and Motor Vehicle Safety Act as amended (15 U.S.C. Section 1381 et seq.) and the policies and regulations adopted pursuant to that act, and for which a South Carolina title or registration is sought.
`Foreign vehicle' means every motor vehicle, trailer, or semitrailer which is brought into the State otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in the State.
`Golf Cart' means a self-propelled vehicle which is designed to transport persons playing golf and their equipment on a golf course.
`Gross weight' means the aggregate weight of a vehicle or combination of vehicles and the load thereon.
`Highway' means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the State, including the streets and alleys, and, for law enforcement purposes, the entire width between the boundary lines of all private roads or private streets which have been designated specifically `highways' by an ordinance adopted by the governing body of the county, city, or town in which the private roads or streets are located.
`Intersection' means (i) the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict; or (ii) where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway must be regarded as a separate intersection, in the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of the highways must be regarded as a separate intersection; or (iii) for purposes only of authorizing installation of traffic-control devices, every crossing of a highway or street at grade by a pedestrian crosswalk.
`Law enforcement officer' means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law.
`License plate' means a device containing letters, numerals, or a combination of both, attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Division of Motor Vehicles of the Department of Revenue and Taxation.
`Light' means a device for producing illumination or the illumination produced by the device.
`Mobile home' means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
`Moped' means a bicycle-like device with pedals and a helper motor which is rated at no more than two brake horsepower and which produces speeds up to a maximum of thirty miles per hour. A moped shall be a vehicle while operated on a highway.
`Motor home' means every private motor vehicle with a normal seating capacity of not more than ten persons, including the driver, designed primarily for use as living quarters for human beings.
`Motor vehicle' means every vehicle as defined in this section which is self-propelled or designed for self-propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space is considered a part of a motor vehicle. For the purposes of this title, any device herein defined as a bicycle or a moped is considered not to be a motor vehicle.
`Motorcycle' means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle included within the term `farm tractor' or `moped' as defined in this section.
`Nonresident' means every person who is not domiciled in the State, except: (i) any foreign corporation which is authorized to do business in the State by the Department of Insurance shall be a resident of the State for the purpose of this title; in the case of corporations incorporated in the State but doing business outside the State, only such principal place of business or branches located within the State shall be dealt with as residents of the State; (ii) a person who becomes engaged in a gainful occupation in the State for a period exceeding sixty days shall be a resident for the purposes of this title; (iii) a person, other than a nonresident student as defined in this section, who has actually resided in the State for a period of six months, whether employed or not, or who has registered a motor vehicle, listing an address in the State in the application for registration is considered a resident for the purposes of this title, except for the purposes of the Commercial Driver's License Act.
`Nonresident student' means every nonresident person who is enrolled as a full-time student in an accredited institution of learning in the State and who is not gainfully employed.
`Operation or use for rent or for hire, for the transportation of passengers, or as a property carrier for compensation', and `business of transporting persons or property' mean any owner or operator of any motor vehicle, trailer, or semitrailer operating over the highways in the State who accepts or receives compensation for the service, directly or indirectly; but these terms do not mean a `truck lessor' as defined in this section.
`Operator' or `driver' means every person who either (i) drives or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle.
`Owner' means a person who holds the legal title to a vehicle or, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or, if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title; except that in all such instances when the rent paid by the lessee includes charges for services of any nature or when the lease does not provide that title shall pass to the lessee on payment of the rent stipulated, the lessor shall be regarded as the owner of the vehicle, and the vehicle shall be subject to such requirements of compensation. A `truck lessor' as defined in this section shall be regarded as the owner, and his vehicles shall be subject to such requirements of this title as are applicable to vehicles of private carriers.
`Passenger car' means every motor vehicle other than a motorcycle designed and used primarily for the transportation of no more than ten persons including the driver.
`Pickup or panel truck' means every motor vehicle designed for the transportation of property and having a registered gross weight of seven thousand five hundred pounds or less.
`Private road or driveway' means every way in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
`Reconstructed vehicle' means every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of new or used essential parts.
`Residence district' means the territory contiguous to a highway, not comprising a business district, where seventy-five percent or more of the property contiguous to such highway, on either side of the highway, for a distance of three hundred feet or more along the highway is occupied by dwellings and land improved for dwelling purposes, or by dwellings, land improved for dwelling purposes, and land or buildings in use for business purposes.
`Revoke' or `revocation' means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation.
`Roadway' means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or an unpaved area.
`Safety zone' means the area officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by plainly visible signs.
`School bus' means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private, or parochial schools, or used for the transportation of the mentally or physically handicapped to and from a sheltered workshop; and (ii) painted yellow and bears the words `School Bus' in black letters of a specified size on front and rear; and (iii) is equipped with warning devices as prescribed by law.
`Semitrailer' means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle.
`Shoulder' means that part of a highway between the portion regularly travelled by vehicular traffic and the lateral curbline or ditch.
`Snowmobile' means a self-propelled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part by one or more skis, belts, or cleats.
`Specially constructed vehicle' means any vehicle which was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not a reconstructed vehicle as herein defined.
`Stinger-steered automobile or watercraft transporter' means an automobile or watercraft transporter configured as a semitrailer combination wherein the fifty wheel is located on a drop frame behind and below the rearmost axle of the power unit.
`Superintendent' means the division head of the State Highway Patrol of the Department of Public Safety.
`Suspend' or `suspension' means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired before the end of the period of suspension.
`Towing and recovery operator' means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping, and (ii) restoring to the highway or other location where they either can be operated or removed to other locations for repair or safekeeping vehicles which have come to rest in places where they cannot be operated.
`Tractor truck' means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto.
`Traffic infraction' means a violation of law punishable as provided in Section 56-6-20, which is neither a felony nor a misdemeanor.
`Traffic lane' or `land' means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles.
`Trailer' means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including mobile homes.
`Truck' means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of seven thousand five hundred pounds.
`Truck lessor' means a person who holds the legal title to any motor vehicle, trailer, or semitrailer which is the subject of a bona fide written lease for a term of one year or more to another person, provided that: (i) neither the lessor nor the lessee is a common carrier by motor vehicle or restricted common carrier by motor vehicle or contract carrier by motor vehicle; (ii) the leased motor vehicle, trailer, or semitrailer is used exclusively for the transportation of property of the lessee; (iii) the lessor is not employed in any capacity by the lessee; (iv) the operator of the leased motor vehicle is a bona fide employee of the lessee and is not employed in any capacity by the lessor; and (v) a true copy of the lease, verified by affidavit of the lessor, is filed with the executive director of the Department of Revenue and Taxation.
`Vehicle' means every device in, on, or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks. Bicycles and mopeds shall be vehicles while operated on a highway.
`Wheel chair or wheel chair conveyance' means a chair or seat equipped with wheels, typically used to provide mobility for persons who, by reason of physical disability, are otherwise unable to move about as pedestrians. The term includes both three-wheeled and four-wheeled devices. A self-propelled wheel chair or self-propelled wheel chair conveyance shall not be considered a motor vehicle.
Section 56-4-20. It shall be unlawful for any person to violate any of the provisions of this title or any regulation adopted pursuant to this title. Unless otherwise stated, these violations shall constitute traffic infractions punishable by a fine of not more than one hundred dollars.
Section 56-4-30. (A) This chapter shall not apply to any person who has registered in his name in the State more than twenty motor vehicles, nor to any person operating more than twenty vehicles whether as owner or as lessee, if the person seeking exemption under this section obtains from the executive director of the Department of Revenue and Taxation a certificate of self-insurance as provided in subsection (B) of this section.
(B) The executive director of the Department of Revenue and Taxation may, in his discretion and on the application of such a person, issue a certificate of self-insurance when he is reasonably satisfied (i) that the person has and will continue to have financial ability to respond to a judgment as provided in this chapter, obtained against the person, arising out of the ownership, maintenance, use, or operation of his motor vehicles and (ii) that the certificate provides for protection against the uninsured motorist to the extent required by Section 56-2-120. However, protection against the uninsured motorist required under this section shall not exceed the financial requirements of Section 56-4-940 and shall be secondary coverage to any other valid and collectible insurance providing the same protection which is available to any person otherwise entitled to assert a claim to such protection by virtue of this section.
(C) On due notice and hearing, the executive director of the Department of Revenue and Taxation may, in his discretion and on reasonable grounds, cancel a certificate of self-insurance.
Section 56-4-40. The driver of any vehicle involved in any accident resulting in injury to or death of any person, or some person acting for him, shall immediately give notice of the accident to a law enforcement officer. A willful failure to make the report required in this section shall constitute a misdemeanor.
Section 56-4-50. Every Circuit Court or the clerk thereof shall keep a full record of every case in which:
(1) A person is charged with (i) a violation of any law of the State pertaining to the operator or operation of a motor vehicle; (ii) a violation of any ordinance of any county, city, or town pertaining to the operator or operation of any motor vehicle except parking regulations; (iii) any theft of a motor vehicle or unauthorized use thereof or theft of any part attached to it;
(2) A person is charged with manslaughter or any other felony in the Department of Insurance of which a motor vehicle was used;
(3) There is rendered a judgment for damages, the rendering and nonpayment of which under the terms of this title require the executive director of the Department of Revenue and Taxation to suspend the driver's license and registration in the name of the judgement debtor.
Section 56-4-60. For the purpose of enforcing the Commercial Driver's License Act, in any case in which a person is charged with a violation of any law of the State or of any ordinance of any county, city, or town pertaining to the operator or operation of a motor vehicle, except parking violations, and the warrant or summons indicates that the motor vehicle so operated was a commercial motor vehicle as defined in the Commercial Driver's License Act, or that it was a commercial motor vehicle carrying hazardous materials as defined by the Commercial Driver's License Act, the court hearing such case shall make a finding, which shall be noted on the record, as to whether such vehicle was in fact a commercial motor vehicle and, if applicable, whether such vehicle was carrying hazardous materials.
If the offense charged is one in which operation of a commercial motor vehicle is an element of the offense, the conviction of the offense shall constitute the court's finding that the vehicle was a commercial motor vehicle, but a separate finding shall be made as to whether such vehicle was carrying hazardous materials, if applicable. If the offense charged is one in which operation of a commercial motor vehicle is not an element of the offense, then the court, after convicting the person charged, shall make a separate finding as to whether the vehicle was a commercial motor vehicle and, if applicable, whether it was carrying hazardous materials. The separate findings required by this section shall be noted on the conviction record, and the following procedures shall apply to such separate findings:
(1) If the person charged prepays fines and costs pursuant to the law of this State, he is considered to have admitted that such motor vehicle was a commercial motor vehicle and, if applicable, that it carried hazardous materials at the time of the violation, as indicated on the warrant or summons, and such admission or admissions shall be noted on the conviction record as the court's finding.
(2) In all other cases, the State shall have the burden of proving by a preponderance of the evidence that the vehicle was a commercial motor vehicle and, if applicable, that it carried hazardous materials.
Section 56-4-70. (A) In the event (i) a person is convicted of a charge described in item (1) or (2) of Sections 56-4-50 or 56-4-60 or (ii) a person fails or refuses to pay any fine, costs, forfeiture, restitution, or penalty, or any installment thereof, imposed in any traffic case, or (iii) a person forfeits bail or collateral or other deposit to secure the defendant's appearance on the charges, unless the conviction has been set aside or the forfeiture vacated, or (iv) a court assigns a defendant to a driver education program or alcohol treatment or rehabilitation program, or both such programs, as provided by the laws of this State, or (v) compliance with the court's probation order is accepted by the court in lieu of a conviction under the laws of this State or the requirements specified by the laws of this State as provided, or (vi) there is rendered a judgement for damages against a person as described in Section 56-4-50, every clerk of a Circuit Court shall forward an abstract of the record to the executive director of the Department of Revenue and Taxation within fifteen days, or in the case of civil judgments, on the request of the judgment creditor or his attorney, thirty days after the conviction, forfeiture, assignment, acceptance, or judgment has become final without appeal or has become final by affirmance on appeal.
(B) Abstract data of conviction may be furnished to the executive director of the Department of Revenue and Taxation by electronic means provided that the content of the abstract and the certification complies with the requirements of Section 56-4-100. In cases where the abstract data is furnished by electronic means, the paper abstract shall not be required to be forwarded to the executive director of the Department of Revenue and Taxation. The executive director of the Department of Revenue and Taxation shall develop a method to ensure that all data is received accurately. The executive director of the Department of Revenue and Taxation, with the approval of the Governor, may destroy the record of any conviction, forfeiture, assignment, acceptance, or judgment, when three years has elapsed from the date thereof, except records of conviction or forfeiture on charges of reckless driving and speeding, which records may be destroyed when five years has elapsed from the date thereof, and further excepting those records that alone, or in connection with other records, will require suspension or revocation or disqualification of a license or registration under any applicable provisions of this title.
Section 56-4-80. Every law enforcement officer who has arrested any person for (i) driving while under the influence of intoxicants or drugs in violation of the laws of this State or a parallel local ordinance, (ii) the state statutory provisions against reckless driving or a parallel local ordinance, (iii) the state statutory provisions against failure to stop at the scene of an accident or a parallel local ordinance or (iv) the state statutory provisions against driving without a license or while his license has been suspended or revoked or a parallel local ordinance or while he is disqualified in violation of the Commercial Vehicle Driver's License Act, shall request from the department an abstract or transcript of the person's drivers conviction record on file at the Division of Motor Vehicles of the Department of Revenue and Taxation shall furnish the abstract or transcript to the solicitor for the circuit in which the case will be heard, to be held available for the court in which the person is to be tried for the violation or charge. However, the failure of the solicitor to receive the abstract or transcript in any case does not constitute grounds for the granting of a continuance of the case.
Section 56-4-90. If requested by the judge trying the case, solicitors for the State and all county, city, and town attorneys whose general duties include the prosecution of offenses which are reportable by the courts to the Division of Motor Vehicles of the Department of Revenue and Taxation under Section 56-4-70, shall appear on behalf of the State or the locality in any contested criminal case wherein a resulting conviction is required to be reported to the Division of Motor Vehicles of the Department of Revenue and Taxation under Section 56-4-70.
The failure of the solicitor or the attorney to appear, in no case, affects the validity of a conviction.
Section 56-4-100. Abstracts required by Section 56-4-70 must be made on forms prepared by or approved by the Division of Motor Vehicles of the Department of Revenue and Taxation. They shall include all information as to the parties to the case. In the event the abstract relates to a person convicted or found not innocent of a charge described in item (1) or (2) of Section 56-4-50, it shall include the nature and date of the offense, the date of conviction or finding of not innocent, the plea, the judgment, the penalty or forfeiture as the case may be, and the driver's license number, if any, the month, day, and year of birth, the sex, and the residence address or whereabouts of the defendant. Every such abstract must be certified by the general district court or juvenile and domestic relations district court judge or clerk of the general district court or juvenile and domestic relations district court or clerk of a circuit court as a true abstract of the records of the court as it relates to the charge, judgment, and penalty.
Abstracts transmitted to the department by electronic means may be certified by machine imprint of the name of the circuit court or family court judge or the clerk's name of the court that furnished the record as a true abstract of the records of the court as it relates to the charge, judgment, and penalty.
Section 56-4-110. The executive director of the Department of Revenue and Taxation shall forthwith revoke, and not thereafter reissue for one year, except as provided in the laws of this State, the driver's license, registration card, and license plates of a resident or nonresident on receiving a record of his conviction or a record of his having been found guilty in the case of a juvenile of any of the following crimes, committed in violation of either a state law or a valid county, city, or town ordinance paralleling and substantially conforming to a like state law and to all changes and amendments of it:
(1) voluntary or involuntary manslaughter resulting from the driving of a motor vehicle;
(2) driving a motor vehicle after suspension or revocation of driver's license, or violation of a valid local ordinance paralleling and substantially conforming to the state statutory law prohibiting the driving of a motor vehicle after suspension or revocation of driver's license, or violation of the state statutory law prohibiting the driving of a motor vehicle while under the influence of alcohol or drugs;
(3) perjury or the making of a false affidavit to the Division of Motor Vehicles of the Department of Revenue and Taxation under this chapter or any other law of the State requiring the registration of motor vehicles or regulating their operation on the highways;
(4) the making of a false statement to the Division of Motor Vehicles of the Department of Revenue and Taxation on any application for a driver's license;
(5) any crime punishable as a felony under the motor vehicle laws of the State or any other felony in the Department of Insurance of which a motor vehicle is used; or
(6) failure to stop and disclose his identity at the scene of the accident, on the part of a driver of a motor vehicle involved in an accident resulting in the death of or injury to another person.
Section 56-4-120. When a person is convicted, or found not innocent in the case of a juvenile, of any theft of a motor vehicle or its unauthorized use, or the theft of any of its parts, whether the motor vehicle is used in the Department of Insurance of a theft or not, then in addition to any penalties provided by law, the driver's license of the person must be suspended by the court for not less than sixty days nor more than six months. In case of conviction the court shall order the surrender of the license to the court where it must be disposed of in accordance with Section 56-4-200. If the conviction is a second or subsequent offense, the license must be suspended at least sixty days and not more than one year, and the court shall transmit the license to the Division of Motor Vehicles of the Department of Revenue and Taxation as provided by law. If the person has not obtained a license as required by this article, or is a nonresident, the court shall direct in the judgment of conviction that the person shall not drive a motor vehicle in the State for a period to coincide with the judgment of the court. This section shall not apply in the event that the theft is one in which the revocation of the license of a person is required under the provisions of Section 56-4-110(5). Section 56-4-330 shall not apply to any person whose license is suspended under this section.
Section 56-4-130. (A) The executive director of the Department of Revenue and Taxation shall forthwith revoke and not thereafter reissue for three years the driver's license of a person on receiving a record of the conviction of a person who is adjudged to be a second offender in violation of the provisions of law pertaining to driving a commercial motor vehicle under the influence of drugs or intoxicants, provided by the laws of this State pertaining to driving under the influence of drugs or intoxicants or of the provisions of law pertaining to driving while the driver's license has been forfeited for a conviction provided by the laws of this State, or on receiving a record of conviction as a second offender for a violation of a federal law or a law of any other state or a valid ordinance of a county, city, or town of the State or of any other state similar to this State's statutory provisions pertaining to driving a commercial motor vehicle under the influence of drugs or intoxicants, or of the laws provided by this State, if the subsequent violation adjudication as a second offender is within ten years from the prior violation. However, if the executive director of the Department of Revenue and Taxation has received a copy of a court order as provided by the laws of this State, he shall proceed as provided in the order of the court.
(B) The executive director of the Department of Revenue and Taxation shall forthwith revoke and not thereafter reissue the driver's license of a person after receiving a record of the conviction of a person adjudged to be a third offender within a period of ten years in violation of the provisions of law pertaining to driving a commercial motor vehicle under the influence of drugs or intoxicants, or as provided for in the laws of this State pertaining to driving under the influence of drugs or intoxicants or after receiving a record of conviction as a third offender within a period of ten years for a violation of federal law or a law of any other state or a valid ordinance of a county, city, or town of the State or of any other state similar to this State's statutory provisions pertaining to driving a commercial motor vehicle under the influence of drugs or intoxicants, or as provided for in the laws of this State. At the expiration of ten years from the date of the revocation hereunder, the person may petition the Circuit Court in the county or city in which he resides, and for good cause shown, his license may in the discretion of the court be restored on such conditions as the court may prescribe.
(C) A person who has had his driver's license revoked in accordance with subsection (B) of this section, after the expiration of five years from the date of the last conviction, may petition the circuit court of his residence for restoration of his privilege to drive a motor vehicle in the State. On such petition, and for good cause shown, the court, in its discretion, may restore to the person the privilege to drive a motor vehicle in the State on whatever conditions the court may prescribe, subject to the provisions of law relating to issuance of driver's licenses, if the court is satisfied from the evidence presented that: (i) at the time of his previous convictions, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing on the petition, he is no longer addicted to or psychologically dependent on the use of alcohol or other drugs; and (iii) the defendant does not constitute a threat to the safety and welfare of himself or others with regard to the driving of a motor vehicle.
Section 56-4-140. In addition to the penalties for reckless driving prescribed by law, any court may suspend a license issued to a convicted person provided under the laws of this State of this chapter for not less than ten days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with Section 56-4-200.
If a person convicted has not obtained the license required by this article, or is a nonresident, the court may direct in the judgment of conviction that he shall not, for a period of not less than ten days or more than six months as may be prescribed in the judgment, drive a motor vehicle in the State. The court or the clerk of court shall transmit the license to the executive director of the Department of Revenue and Taxation along with the report of the conviction required to be sent to the Division of Motor Vehicles of the Department of Revenue and Taxation.
Section 56-4-150. When a person is convicted of reckless driving under the laws of this State, in addition to penalties provided by law, the driver's license of the person may be suspended by the court for not less than sixty days nor more than six months. In case of conviction the court shall order the surrender of the license to the court where it must be disposed of in accordance with the provisions of Section 56-4-200. Where the conviction is a second conviction which would require revocation under the provisions of Section 56-4-110, the court shall suspend the driver's license of the person and transmit it to the Division of Motor Vehicles of the Department of Revenue and Taxation as provided by law. If the person convicted has not obtained a license required by this chapter or is a nonresident, the court shall direct in the judgment of conviction that the person may not drive a motor vehicle in the State for a period of not less than sixty days nor more than six months.
Section 56-4-160. If a person is convicted of a fourth offense as provided in laws of this State, or a similar ordinance of a county, city, or town in South Carolina, the court in which the conviction is held shall revoke his driver's license for five years.
Section 56-4-170. (A) A person, whether licensed by South Carolina or not, who drives a motor vehicle on the highways in the State, shall thereby, as a condition of the driving, consent to pay all lawful fines, court costs, forfeitures, restitution, and penalties assessed against him for violations of the motor vehicle laws of the State, or of a county, city, or town. For the purpose of this section, the fines and costs is considered to include any fee assessed by the court under the provisions of the laws of this State for entry by a person convicted of a violation of the laws of this State into an alcohol safety action program.
(B) In addition to any penalty provided by law, when a person is convicted of a violation of this title, or any other law of the State pertaining to the driver or driving of a motor vehicle or of a valid local ordinance adopted pursuant to the laws of this State, and fails or refuses to provide for immediate payment in full of a fine, costs, forfeitures, restitution, or penalty lawfully assessed against him, or fails to make deferred payments or installment payments as ordered by the court, the executive director of the Department of Revenue and Taxation or the court in accordance with procedures established by the department, after receipt of a record of the failure, shall forthwith suspend the person's privilege to drive a motor vehicle on the highways of the State. The driver's license of the person continues suspended until the fine, costs, forfeiture, restitution, or penalty has been paid in full. If the person has not obtained a license as required by this chapter, or is a nonresident, the court may direct in the judgment of conviction that the person shall not drive a motor vehicle in this State for a period to coincide with the nonpayment of the amounts due.
(C) Before transmitting to the executive director of the Department of Revenue and Taxation a record of the person's failure or refusal to pay a fine, costs, forfeiture, restitution, or penalty or a failure to comply with an order issued pursuant to the laws of this State, the clerk of the court that convicted the person shall send or provide the person written notice that his license or privilege to drove a motor vehicle in South Carolina will be suspended if the fine and costs are not paid within ten days. A record of the person's failure or refusal must be sent to the executive director of the Department of Revenue and Taxation if the fine, costs, forfeiture, restitution, or penalty remains unpaid at the termination of the ten-day period specified in the notice or on the failure to make a scheduled payment.
(D) If the person pays the amounts assessed against him subsequent to the time the license has been transmitted to the department, and his license is not under suspension or revocation for any other lawful reason, except pursuant to this section, then the executive director of the Department of Revenue and Taxation shall return the license to the person on presentation of the official report of the court evidencing the payment of the fine, costs, forfeiture, restitution, or penalty.
(E) if the court has suspended or revoked the driver's license for any lawful reason other than this section, or the conviction is one for which revocation or suspension is required under any provision of this title, except for this section, then the suspension permitted under this section is in addition to, and run consecutively with, the revocation or suspension. The period of suspension is calculated from the date of the assessment of the fine, costs, forfeiture, restitution, or penalty until the date it has been paid.
Section 56-4-180. When a person is convicted of reckless driving as provided under the laws of this State and the reckless driving was the cause of the death of a person, then in addition to any other penalties provided by law, the driver's license of the person may be suspended by the court for not more than twelve months. In case of conviction the court may order the surrender of the license to the court where it must be disposed of in accordance with the provisions of Section 56-4-200. If the person convicted has not obtained a license required by this chapter or is a nonresident, the court may direct in the judgment of conviction that the person may not drive a motor vehicle in the State for a period not to exceed twelve months. The fact of the suspension is not admissible as evidence in any related civil proceeding.
Section 56-4-190. When the driver of a motor vehicle is convicted of a violation provided by the laws of this State, or of any of the applicable speed limits prescribed in the laws of this State and the violation was committed while driving a motor vehicle, tractor truck, trailer, or semitrailer, transporting explosives or any inflammable gas or liquid, in addition to any penalty imposed, the court may suspend the driver's license of the convicted person for ninety days from the date of conviction.
Section 56-4-200. In any case in which the accused is convicted of an offense, on the conviction of which the law requires or permits revocation or suspension of the driver's license of the person convicted, the court shall order the surrender of the license, which remains in the custody of the court during the period of revocation or suspension if the period does not exceed thirty days, or (i) if the period exceeds thirty days, until the time allowed by law for appeal has elapsed, when it must be forwarded to the executive director of the Department of Revenue and Taxation, or (ii) until an appeal is effected and proper bond posted, at which time it must be returned to the accused.
However, when the time of suspension or revocation coincides or approximately coincides with the appeal time, the court may retain the license and return it to the accused on the expiration of the suspension or revocation.
Sections 56-4-210. The Division of Motor Vehicles of the Department of Revenue and Taxation shall revoke a driver's license whenever the person to whom the license has been issued makes or permits to be made an unlawful use of it or permits the use of it by a person not entitled to it or fails or refuses to pay within the time prescribed by law, any lawful taxes due the State.
Section 56-4-220. The executive director of the Department of Revenue and Taxation on receipt of notice that a person has been legally adjudged to be incompetent, or that a person discharged from an institution operated or licensed by the Department of Mental Health or Department of Mental Retardation, in the opinion of the authorities of the institution, is not competent because of mental illness, mental retardation, inebriety, or drug addiction to drive a motor vehicle with safety to persons or property, shall forthwith suspend his license; but he shall not suspend the license if the person has been adjudged competent by judicial order or decree.
In any case in which the person's license has been suspended before his discharge it may not be returned to him unless the executive director of the Department of Revenue and Taxation is satisfied, after an examination, that the person is competent to drive a motor vehicle with safety to persons and property.
The clerk of the court in which the adjudication is made shall forthwith send a certified copy or abstract of the adjudication to the executive director of the Department of Revenue and Taxation.
Section 56-4-230. Whenever practicable, at least ten days before the time when a patient is to be discharged from an institution operated or licensed by the Department of Mental Health or Department of Mental Retardation, if the mental condition of the patient is, because of mental illness, mental retardation, inebriety, or drug addiction, in the judgment of the director or chief medical officer of the institution such as to prevent him from being competent to drive a motor vehicle with safety to persons and property, the Executive Director or chief medical officer shall forthwith report to the executive director of the Department of Revenue and Taxation, in sufficient detail for accurate identification, the date of discharge of the patient, together with a statement concerning his ability to drive a motor vehicle.
Section 56-4-240. (A) The executive director of the Department of Revenue and Taxation, after due hearing, after giving not less than five days' written notice by registered letter to the address given by the driver when applying for his license, may suspend or revoke for not more than one year and not thereafter reissue during the period of suspension or revocation the South Carolina driver's license issued to a person whenever it is satisfactorily proved at the hearing conducted by the executive director of the Department of Revenue and Taxation or other personnel of the Division of Motor Vehicles of the Department of Revenue and Taxation designated by him, that the licensee under charges:
(1) by reckless or unlawful operation of a motor vehicle, has caused or contributed to an accident resulting in death or injury to any other person or in serious property damage;
(2) is incompetent to drive a motor vehicle;
(3) suffers from mental or physical infirmities or disabilities rendering it unsafe for him to drive a motor vehicle on the highways;
(4) is habitually a reckless or negligent driver of a motor vehicle; or
(5) has committed a serious violation of the motor vehicle laws of this State.
(B) The executive director of the Department of Revenue and Taxation, in determining the propriety of suspending or revoking a license as provided in this section, may take into consideration facts and conditions antedating the issuance of the current license.
Section 56-4-250. (A) The notice of a hearing when mailed to a person, as provided in Section 56-4-240, shall contain:
(1) a specific statement of the alleged offense or offenses or other grounds for suspension or revocation of the license, including the date, time, and place when applicable;
(2) the date, time, and place of the hearing;
(3) the names and addresses of all known witnesses whose testimony is proposed to be taken at the hearing;
(4) as to any record of conviction of any offense which is to be offered as evidence, the date of the conviction and the court in which the same was had.
(B) If these requirements are complied with it is sufficient regardless of whether the licensee appeared and regardless of whether the notice was ever received.
Section 56-4-260. The hearing must be in the county or city where the licensee resides or in the county or city in which the licensee works or, with the consent of the licensee in any other county or city to which the county or city of his residence is contiguous. The hearing must be before the executive director of the Department of Revenue and Taxation or any of the personnel of the Division of Motor Vehicles of the Department of Revenue and Taxation designated by him.
Section 56-4-270. (A) In any such hearing all relevant and material evidence must be received, except that: (i) the rules relating to privileged communications and privileged topics must be observed; (ii) hearsay evidence must be received only; and (iii) secondary evidence of the contents of a document must be received only if the original is not readily available.
(B) All reports of inspectors and subordinates of the Division of Motor Vehicles of the Department of Revenue and Taxation and other records and documents in the possession of the Division of Motor Vehicles of the Department of Revenue and Taxation bearing on the case subject to the provisions of subsection (A) of this section must be introduced at the hearing. A certified copy of any conviction forwarded to the executive director of the Department of Revenue and Taxation under the provisions of Section 56-4-70 is prima facie evidence of the conviction and may be introduced in evidence.
(C) Subject to the provisions of subsection (A) of this section, every party has the right to cross-examine adverse witnesses and any inspector or subordinate of the Division of Motor Vehicles of the Department of Revenue whose report is in evidence and to submit rebuttal evidence.
(D) The decision must be based only on evidence received a the hearing and matters of which a court of record could take judicial notice.
Section 56-4-280. The executive director of the Department of Revenue and Taxation may appoint one or more persons to conduct the hearings provided for in this title. The hearing officers are authorized to administer oaths, take acknowledgments and affidavits, take testimony and depositions, and perform other duties which are incidental to conducting the hearings.
Section 56-4-290. A decision or order of the executive director of the Department of Revenue and Taxation to be valid must be reduced to writing and contain the explicit findings of fact and conclusions of law upon which the decision or order of the executive director of the Department of Revenue and Taxation is based. Certified copies of the decision or order must be delivered to any party affected by it.
Section 56-4-300. On any reasonable grounds appearing in the records of the Division of Motor Vehicles of the Department of Revenue and Taxation, the executive director of the Department of Revenue and Taxation, when he considers it necessary for the safety of the public on the highways in the State and after notice as provided in Section 56-4-250 and hearing as provided in Sections 56-4-260, 56-4-270, 56-4-280, and 56-4-290, may suspend or revoke for no more than five years, and not reissued during the period of suspension or revocation, the driver's license of a person who is a violator of any of the provisions of this title punishable as felonies, misdemeanors, or traffic infractions and he may suspend or revoke for a like period, and not reissue during the period of suspension or revocation, any or all of his registration cards and license plates for a motor vehicle.
Section 56-4-310. In any administrative hearing conducted by the executive
director of the Department of Revenue and Taxation or his designee pursuant to this article, an abstract showing a conviction of the violation of any of the provisions of this title, submitted as provided by Section 56-4-70 by the court in which the conviction was had, is prima facie evidence that the person named in the abstract was convicted of the violation, and the burden is on any person challenging the propriety of the conviction to show that the conviction was improper.
Section 56-4-320. A person aggrieved by an order or act of the executive director of the Department of Revenue and Taxation requiring suspension or revocation of a license or registration under the provisions of this chapter is entitled to judicial review in accordance with the provisions of the Administrative Procedures Act. No appeal shall lie in any case in which the suspension or revocation of the license or registration was mandatory except to determine the identity of the person concerned when the question of identity is in dispute.
From the final decision of the Circuit Court, either the person who petitioned the court for an appeal or the executive director of the Department of Revenue and Taxation shall have an appeal as of right to the court of appeals.
Section 56-4-330. The executive director of the Department of Revenue and Taxation may refuse, after a hearing if demanded to issue to a person whose license has been suspended or revoked, any new or renewal license, or to register a motor vehicle in the name of the person, whenever he considers or in case of a hearing finds it necessary for the safety of the public on the highways in the State.
Before granting or restoring a license or registration to a person whose driver's license or other privilege to drive motor vehicles has been revoked or suspended pursuant to Sections 56-4-110, 56-4-130, and 56-4-390, the executive director of the Department of Revenue and Taxation shall require proof of financial responsibility in the future as provided by Sections 56-4-570, et seq., but no person may be licensed who may not be licensed under the provisions of Sections 56-4-110 through 56-4-530.
Whenever the driver's license or registration cards, license plates, or other privilege to drive or to register motor vehicles for a resident or nonresident person is suspended or revoked by the executive director of the Department of Revenue and Taxation or by a Circuit Court pursuant to the provisions of this title, or any valid local ordinance, the order of suspension or revocation shall remain in effect and the driver's license, registration cards, license plates, or other privilege to drive or register motor vehicles may not be reinstated and no new driver's license, registration cards, license plates, or other privilege to drive or register motor vehicles may be issued or granted unless the person, in addition to complying with all other provisions of law, pays to the Executive Director a fee of thirty dollars. When three years has elapsed from the termination date of the order of suspension or revocation and the person has complied with all other provisions of law, the executive director of the Department of Revenue and Taxation may relieve him of paying the reinstatement fee.
No reinstatement fee is required when the suspension or revocation of license results from the person's suffering from mental or physical infirmities or disabilities from natural causes not related to the use of self-administered intoxicants or drugs. No reinstatement fee may be collected from a person whose license is suspended by a court of competent jurisdiction for any reason, other than a cause for mandatory suspension as provided in this title, provided the court ordering the suspension is not required by Section 56-6-200 to forward the license to the Division of Motor Vehicles of the Department of Revenue and Taxation during the suspended period.
Reinstatement fees collected under the provisions of this section must be paid by the executive director of the Department of Revenue and Taxation into the state treasury and must be set aside as a special fund to be used to meet the expenses of the Division of Motor Vehicles of the Department of Revenue and Taxation.
Section 56-4-340. Every suspension or revocation remains in effect and the Department of Revenue may not issue a new or renewal license or register in his name a motor vehicle, until permitted under the provisions of this chapter. When three years has elapsed from the date of the termination of the revocation provided by Section 56-4-110 or Section 56-4-130, or in the case of a suspension pursuant to the provisions of Section 56-4-390, when three years has elapsed from the date of satisfaction of the judgment or judgments, the person may be relieved of giving proof of his financial responsibility in the future, provided he is not required to furnish or maintain proof of financial responsibility under any other provision of this chapter. The requirement of this section for giving and maintaining proof of financial responsibility does not apply in the case of a person whose license has been suspended under Section 56-4-220.
Section 56-4-350. Reversal on appeal of a conviction because of which conviction a license or registration has been suspended or revoked pursuant to the provisions of this chapter shall entitle the holder to the restoration of his license or registration forthwith without proof of financial responsibility.
Section 56-4-360. Wherever it is provided in this title that the driver's license, registration cards, or license plates of a person be suspended or revoked for a period of time on conviction of certain offenses, or after a hearing before the executive director of the Department of Revenue and Taxation as provided by law, the period must be counted from one hundred eighty days after the conviction becomes final or after the order of the executive director of the Department of Revenue and Taxation, as a result of the hearing, becomes final, or must be counted from the date on which the license, cards, or plates are surrendered to the executive director of the Department of Revenue and Taxation or his agent, or to the court or clerk thereof, regardless of whether the record of conviction has been received by the executive director of the Department of Revenue and Taxation or his agent, whichever period shall first commence. However, the provisions of this section do not apply in any case where the person whose license is subject to suspension or revocation gives a false name or otherwise conceals his identity.
Section 56-4-370. When a person is found guilty of a violation of a traffic regulation by a United States magistrate or a judge of a district court of the United States, which violation occurred on a federal reservation and, for which, if the violation had occurred on the highways in the State, a revocation or suspension of the person's driver's license would be mandatory or discretionary with a court of the State, the magistrate or judge is authorized to revoke or suspend the person's driver's license, provided it is forwarded to the executive director of the Department of Revenue and Taxation as is provided by law as to courts of the State.
Section 56-4-380. Whenever it is provided in this title that a driver's license may or must be suspended or revoked either by the executive director of the Department of Revenue and Taxation or by a court, notice of the suspension or revocation or a certified copy of the decision or order of the executive director of the Department of Revenue and Taxation may be sent by the Division of Motor Vehicles of the Department of Revenue and Taxation by certified mail, return receipt requested, to the driver at the last known address supplied by the driver and on file at the Division of Motor Vehicles of the Department of Revenue and Taxation. If the certificate of the executive director of the Department of Revenue and Taxation or someone designated by him for that purpose shows that the notice or copy has been sent and received by the driver, it is considered prima facie evidence that the notice or copy has been sent and delivered to the driver for all purposes involving the application of the provisions of this title. To be effective, notice by mail must be signed for by the driver. If notice by mail is not received and signed for by the driver, then service may be made as provided in the laws of this State, which service on the driver must be made by delivery in writing to the driver in person by a sheriff or deputy sheriff in the county or city in which the address is located, who shall, as directed by the executive director of the Department of Revenue and Taxation, take possession of any suspended or revoked license, registration card, or set of license plates or decals and return them to the office of the executive director of the Department of Revenue and Taxation. No such service may be made if, before service, the driver has complied with the requirement which caused the issuance of the decision or order. In any such case, return must be made to the executive director of the Department of Revenue and Taxation, and a rebuttable presumption that service as made shall arise. At the request of the driver or his attorney, the Division of Motor Vehicles of the Department of Revenue and Taxation shall provide a certified copy of evidence of delivery of the notice.
In lieu of making a direct payment to sheriffs as a fee for delivery of the department's processes, the Division of Motor Vehicles of the Department of Revenue and Taxation's processes, the executive director of the Department of Revenue and Taxation shall effect a transfer of funds, on a monthly basis, to the Compensation Board to be used to provide additional support to sheriffs' departments. The amount of funds so transferred must be as provided in the general appropriations act.
Section 56-4-390. (A) Upon the application of any judgment creditor, the executive director of the Department of Revenue and Taxation shall suspend the driver's license of any person who has failed for thirty days to satisfy any judgment in an amount on a cause of action as hereinafter stated in this subsection, immediately upon receiving an authenticated judgment order or abstract thereof in an action for damages in a motor vehicle accident, if (i) the order or abstract is received by the executive director of the Department of Revenue and Taxation within ten years of the date of judgment or (ii) the judgment has been revived. However, if judgment is marked satisfied on the court records on or before the executive director's issuance of suspension, the order of suspension shall be invalid.
(B) The executive director of the Department of Revenue and Taxation shall not, however, suspend the license of an owner or driver if the insurance carried by him was in a company which was authorized to transact business in this State and which subsequent to an accident involving the owner or driver and before settlement of the claim therefor went into liquidation, so that the owner or driver is thereby unable to satisfy the judgment arising out of the accident.
(C) The executive director of the Department of Revenue and Taxation shall not suspend the driver's license or driving privilege under this section or Section 56-4-400, if the executive director of the Department of Revenue and Taxation finds that an insurer authorized to do business in the State was obligated to pay the judgment upon which suspension is based, or that a policy of the insurer covers the person subject to the suspension, if the insurer's obligation or the limits of the policy are in an amount sufficient to meet the minimum amounts required by Section 56-4-940, even though the insurer has not paid the judgment for any reason. A finding by the executive director of the Department of Revenue and Taxation that an insurer is obligated to pay a judgment, or that a policy of an insurer covers the person, shall not be binding upon the insurer and shall have no legal effect whatever except for the purpose of administering this chapter. Whenever in any judicial proceeding it is determined by any final judgment, decree, or order that an insurer is not obligated to pay the judgment, the executive director of the Department of Revenue and Taxation, notwithstanding any contrary finding made by him, forthwith shall suspend the driver's license or driving privilege, or any registration care, license plates or decals of any person against whom the judgment was rendered, as provided in subsection (A) of this section.
Section 56-4-400. The executive director of the Department of Revenue and Taxation shall take action as required in Section 56-4-390 on receiving proper evidence that the person has failed for a period of thirty days to satisfy any judgment, in an amount and on a cause of action as stated in the laws provides by this State, rendered by a court of competent jurisdiction of the state, any other state of the United States, the United States, Canada, or its provinces.
Section 56-4-410. (A) Every judgment for damages in any motor vehicle accident referred to in this chapter shall, for the purpose of this chapter, be satisfied when:
(1) paid in full or when fifteen thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident;
(2) subject to the limit of fifteen thousand dollars because of bodily injury to or death of one person, the judgment has been paid in full or when the sum of thirty thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident;
(3) the judgment has been paid in full or when five thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident; or
(4) the judgment has been discharged in bankruptcy.
(B) Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amount provided in this section.
Section 56-4-420. A judgment debtor, on five days' notice to the judgment creditor, may apply to the court in which the judgment was obtained for the privilege of paying it in installments. The court, without prejudice to other legal remedies which the judgment creditor may have, may so order, fixing the amounts and times of payment of the installments.
Section 56-4-430. The executive director of the Department of Revenue and Taxation shall not suspend a license or registration of a motor vehicle and shall restore any license or registration suspended following nonpayment of a judgment, if the judgment debtor obtains an order from the court in which the judgment was rendered permitting payment of the judgment in installments and if the judgment debtor gives proof of his financial responsibility in the future as provided in this article.
Section 56-4-440. If the judgment debtor fails to pay any installment as permitted by the order of the court, then on notice of default, the executive director of the Department of Revenue and Taxation shall forthwith suspend the driver's license, registration cards, and license plates of the judgment debtor until the judgment is satisfied as provided in this chapter. The judgment debtor may apply, after due notice to the judgment creditor, to the court which allowed installment payment of the judgment, within thirty days after the default, for resumption of the privilege of paying the judgment in installments, if past-due installments are first paid.
Section 56-4-450. If the judgment creditor consents in writing, in whatever form the executive director of the Department of Revenue and Taxation prescribes, that the judgment debtor be allowed a driver's license and motor vehicle registration, the executive director of the Department of Revenue and Taxation may allow the same, notwithstanding default in the payment of the judgment or any installment thereof, for six months from the date of consent and thereafter until it is revoked in writing, if the judgment debtor furnishes proof of his financial responsibility in the future as provided in this article.
Section 56-4-460. On receipt of the certificate of insurance, the insurance carrier or surety company named in the certificate of insurance shall determine whether the policy or bond was applicable to liability, if any, as to the named insured. Thereupon and not later than thirty days following receipt of the certificate of insurance, the insurance company or surety company shall cause to be filed with the Executive Director a written notice if the policy or bond was not applicable to liability, if any, as to the named insured resulting from the accident. The executive director of the Department of Revenue and Taxation shall prescribe the manner in which the written notice shall be made.
When the insurance company or surety company notifies the executive director of the Department of Revenue and Taxation that the policy or bond named in the certificate of insurance was not applicable to liability resulting from the accident, the Division of Motor Vehicles of the Department of Revenue and Taxation shall determine, under Section 56-4-1260, whether suspension of the driver's license, registration cards, and license plates issued to the owner of the motor vehicle involved in the accident is required. If the records of the Division of Motor Vehicles of the Department of Revenue and Taxation reasonably indicate that any insurance carrier or surety company does not cause to be filed the notice herein required, the executive director of the Department of Revenue and Taxation shall report every such omission to the Secretary of State.
The Secretary of State shall investigate every such report of omission. If he finds that any insurance carrier or surety company licensed to transact business in the state, has failed, without good reason, to cause to be filed the notice required hereunder, the Secretary of State may assess the carrier or company fifty dollars for each omission.
Section 56-4-470. In case a driver or owner has not a driver's license issued by the Division of Motor Vehicles of the Department of Revenue and Taxation or no motor vehicle registered in his name in the State, he shall not be allowed a driver's license or motor vehicle registration until he has complied with this chapter to the same extent as would be necessary if he had held a driver's license or a motor vehicle registration at the time of the accident in which he was involved or at the time of the commission of the offense resulting in a conviction as is mentioned in Sections 56-4-110 and 56-4-130.
Section 56-4-480. Cash or securities furnished in compliance with the requirements of this chapter shall be placed by the executive director of the Department of Revenue and Taxation in the custody of the State Treasurer and shall be applicable only to the payment of any judgment against the depositor for damages arising out of the accident in question in an action at law in a court in the State begun not later than one year after the date of the accident. The cash or securities may be assigned by the depositor for the benefit of the person or persons damaged or injured in the accident as the result of which the cash or securities were filed or deposited without the damaged or injured person being required to institute legal proceedings. The executive director of the Department of Revenue and Taxation shall accept the assignment if, in his opinion, the rights of any other person or persons shall not be prejudiced thereby.
Section 56-4-490. The suspension required by the provisions of Section 56-4-390 shall continue except as otherwise provided by Sections 56-4-430 and 56-4-450 until the person satisfies the judgment or judgments as prescribed in Section 56-4-410 and gives proof of his financial responsibility in the future.
The motor vehicle involved in the accident on which the suspension under Section 56-4-390 is based shall not be registered in the name of any other person when the executive director of the Department of Revenue and Taxation has reasonable grounds to believe that the registration of the vehicle will have the effect of defeating the purpose of the chapter and not other motor vehicle shall be registered, and no driver's license or learner's permit shall be issued in the name of the person suspended, except as prescribed in Section 56-4-590 until the suspension is terminated.
This section shall not relieve any person from giving or maintaining proof of his financial responsibility when he is required so to do form some reason rather than having been involved in a motor vehicle accident.
Section 56-4-500. The State shall be responsible for the safekeeping of all bonds, cash, and securities deposited with the State Treasurer under the provisions of this article, and if the deposit or any part of the deposit is lost, destroyed, or misappropriated the State shall make good the loss to any person entitled thereto.
Section 56-4-510. Bonds, cash, or securities deposited with the State treasurer pursuant to this chapter shall only be released by the State Treasurer upon consent of the executive director of the Department of Revenue and Taxation given in conformity with this article.
Section 56-4-520. Whenever by the laws of the State the executive director of the Department of Revenue and Taxation may suspend or revoke: (i) the license of a resident driver, or (ii) the registration cards and license plates of a resident owner, he may:
(1) suspend or revoke the privilege of operating a motor vehicle in the State by a nonresident driver, and
(2) suspend the privilege of driving a vehicle owned by a nonresident regardless of whether the vehicle is registered in the State.
Section 56-4-530. Every provision of this chapter applies to any person who is not a resident of the State under the same circumstances as it would apply to a resident. No nonresident may drive any motor vehicle in the State and no motor vehicle owned by him may be driven in the State, unless the nonresident has complied with the requirements of this chapter with respect to giving proof of financial responsibility in the future.
Section 56-4-540. The failure of a nonresident to report an accident as required in this title, shall constitute sufficient ground for suspension or revocation of his privileges of driving a motor vehicle in the state and of driving within the state of any motor vehicle owned by him.
Section 56-4-550. On conviction of a nonresident or in case any unsatisfied judgment results in suspension of a nonresident's driving privileges in the State and the prohibition of driving within the State of any motor vehicle, or on suspension of a nonresident's driving privileges in the State pursuant to any other provision of this article, the executive director of the Department of Revenue and Taxation shall transmit a certified copy of the record of the conviction or the unsatisfied judgment, or any other action pursuant to this chapter resulting in suspension of a nonresident's driving privileges of any motor vehicle owned by such nonresident, to the motor vehicle executive director of the Department of Revenue and Taxation or officer performing the functions of an executive director of the Department of Revenue and Taxation in the state of the United States, or possession under the exclusive control of the United States, or Canada or its provinces in which the nonresident resides.
Section 56-4-560. The executive director of the Department of Revenue and Taxation shall suspend or revoke the license and registration certificate and plates of any resident of the State upon receiving notice of his conviction, in a court of competent jurisdiction of the State, any other state of the United States, the United States, Canada, or its provinces or any territorial subdivision of such state or country, of an offense therein which, if committed in the State, would be ground for the suspension or revocation under this subsection shall continue for a longer period in the State than in the jurisdiction in which the offenses occurred, provided the person gives proof of his financial responsibility in the future for the period provided in Section 56-4-340.
The executive director of the Department of Revenue and Taxation shall take like action upon receipt of notice that a resident of the State has failed, for a period of thirty days, to satisfy any final judgment in amount and upon a cause of action as stated herein, rendered against him in a court of competent jurisdiction of any other state of the United States, the United States, Canada, or its provinces, or any territorial subdivision of such state or country.
Section 56-4-570. Proof of financial responsibility in the amounts required by this chapter shall be furnished for each motor vehicle registered by the person required to furnish such proof.
Section 56-4-580. Proof of financial responsibility when required under this chapter may be given by proof that a:
(1) policy or policies of motor vehicle liability insurance have been obtained and are in full force;
(2) bond has been duly executed;
(3) deposit has been made of money or securities; or
(4) self-insurance certificate has been filed, all as provided in this chapter.
Section 56-4-590. When the executive director of the Department of Revenue and Taxation finds that any person required to give proof of financial responsibility under this title is or later becomes a driver, however designated, or a member of the immediate family or household, in the employe or home of an owner of a motor vehicle, the executive director of the Department of Revenue and Taxation shall accept proof of financial responsibility given by the owner in lieu of proof of financial responsibility by such person to permit him to operate a motor vehicle for which the owner has given proof of financial responsibility as provided in this chapter. The executive director of the Department of Revenue and Taxation shall designate the restrictions imposed by this section on the fact of the person's driver's license.
Section 56-4-600. If the owner of a motor vehicle is one whose vehicles are operated under a permit or a certificate of convenience and necessity issued by the Secretary of State, proof by the owner on behalf of another as provided by this chapter may be made if there is filed with the executive director of the Department of Revenue and Taxation satisfactory evidence that the owner has complied with the law with respect to his liability for damage caused by the operation of his vehicles by providing the required insurance or other security or has qualified as a self-insurer as described in Section 56-4-30.
Section 56-4-610. Proof of financial responsibility, when requested, shall be made by filing with the executive director of the Department of Revenue and Taxation the written certificate of any insurance carrier authorized to do business in the State, certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. This certificate shall give its effective date and the effective date of the policy.
Section 56-4-620. A nonresident owner of a vehicle not registered in South Carolina may give proof of financial responsibility by filing with the executive director of the Department of Revenue and Taxation a written certificate or certificates of an insurance carrier not authorized to transact business in the State but authorized to transact business in any other state, any territory or possession of the United States and under its exclusive control, Canada or its provinces, or the territorial subdivisions of such states or countries, in which any motor vehicle described in the certificate and all replacement vehicles of similar classification are registered or, if the nonresident does not own a motor vehicle, then in the like jurisdiction in which the insured resides and otherwise conforming to the provisions of this chapter. The executive director of the Department of Revenue and Taxation shall accept the same if the insurance carrier, in addition to having complied with all other provisions of this chapter as requisite, shall:
(1) execute a power of attorney authorizing the executive director of the Department of Revenue and Taxation to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in the State;
(2) duly adopt a resolution, which shall be binding upon it, declaring that its policies are to be considered to be modified to comply with the law of the State and the terms of this chapter relating to the terms of motor vehicle liability policies issued herein;
(3) agree to accept as final and binding the judgment of any court of competent jurisdiction in the State from which judgment no appeal is or can be taken, duly rendered in any action arising out of a motor vehicle accident;
(4) deposit with the State Treasurer cash or securities as are mentioned in Section 56-6-750 or the surety bond of a company authorized to do business in South Carolina equal in value to sixty thousand dollars for each insurance policy filed as proof of financial responsibility.
Section 56-4-630. If a nonresident required to file a certificate of insurance under this chapter files the certificate of insurance of a company authorized to do business in the State the provisions of Section 56-4-620 shall not apply.
Section 56-4-640. If any insurance carrier not authorized to do business in the State which is qualified to furnish proof of financial responsibility defaults in any of its undertakings or agreements, the executive director of the Department of Revenue and Taxation shall not thereafter accept any certificate of that carrier so long as the default continues and shall revoke licenses previously granted on the basis of its policies unless the default is immediately repaired.
Section 56-4-650. This chapter does not apply to:
(1) policies of automobile insurance against liability which may now or hereafter be required by any other law of the State and such policies if endorsed to the requirements of this chapter shall be accepted as proof of financial responsibility when required under this article; or
(2) policies insuring solely the insured named in the policy against liability resulting from the maintenance, use, or operation by persons in the insured's employ or in his behalf of motor vehicles not owned by the insured.
Section 56-4-660. The bond mentioned in item (2) of Section 56-4-580 shall be duly executed by the person giving proof and by a surety company duly authorized to transact business in the State or by the person giving proof and by one or more individual sureties owning real estate within the State and having an equity therein in at least the amount of the bond and the real estate shall be scheduled in the bond. But the executive director of the Department of Revenue and Taxation may not accept any real estate bond unless it is first approved by the Circuit Court of the jurisdiction wherein the real estate is located.
Section 56-4-670. The executive director of the Department of Revenue and Taxation shall not accept any bond unless it is conditioned for payments in amounts and under the same circumstances as would be required in a motor vehicle liability policy furnished by the person giving proof.
Section 56-4-680. No bond shall be canceled unless twenty days' before written notice of cancellation is given the executive director of the Department of Revenue and Taxation, but cancellation of the bond shall not prevent recovery thereon with respect to any right or cause of action arising before the date of the cancellation.
Section 56-4-690. A bond with individual sureties shall constitute a lien in favor of the State on the real estate of any individual surety. The lien shall exist in favor of any holder of any final judgment against the principal on account of damage to property or injury to or death of any person or persons resulting from the ownership, maintenance, sue, or operation of his, or any other, motor vehicle, upon the recording of the bond in the office of the clerk of the court where deeds are admitted to record of the city or county where the real estate is located.
Section 56-4-700. Notice of cancellation is to be signed by the executive director of the Department of Revenue and Taxation or by someone designated by him and the seal of the Department of Revenue and Taxation placed thereon. Notwithstanding any other provision of law, the clerk shall record the notice in the books kept for the recording of deeds and shall index the same in the indices thereto for grantors and grantees, under the respective names of the individual sureties in the column for grantors, and the State of South Carolina in the column for grantees, for which he shall receive two dollars and fifty cents to be paid by the principal in full payment of all services in connection with the recordation and release of the bond. The clerk shall place on the notice a statement showing the time of recording and the book and page of recording and return the notice to the executive director of the Department of Revenue and Taxation.
Section 56-4-710. When a bond with individual sureties filed with the executive director of the Department of Revenue and Taxation is no longer required under this chapter, the executive director of the Department of Revenue and Taxation shall, on request, cancel it as to liability for damage to property or injury to or death of any person or persons thereafter caused and when a bond has been canceled by the executive director of the Department of Revenue and Taxation or otherwise he shall, on request, furnish a certificate of the cancellation signed by him or by someone designated by him and bearing the seal of the Department of Revenue and Taxation. The certificate, notwithstanding any other provision of law, may be recorded in the office of the clerk of court in which the bond was admitted to record.
Section 56-4-720. On satisfactory proof that the bond filed with the executive director of the Department of Revenue and Taxation as provided for in this chapter has been canceled and that there are no claims or judgments against the principal in the bond on account of damage to property or injury to or death of any person or persons resulting from the ownership, maintenance, use, or operation of a motor vehicle of the principal caused while the bond was in effect, the court in which the bond was admitted to record may enter an order discharging the lien of the bond on the real estate of the sureties thereon, upon their petition and at their proper cost.
Section 56-4-730. If a final judgment rendered against the principal on the bond filed with the executive director of the Department of Revenue and Taxation as provided in this chapter is not satisfied within fifteen days after its rendition, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the State against the company or persons executing the bond.
Section 56-4-740. When the sureties on the bond filed with the executive director of the Department of Revenue and Taxation as provided in this chapter are individuals the judgment creditor may proceed against any or all parties to the bond at law for a judgment or in equity for a decree and foreclosure of the lien on the real estate of the sureties. The proceeding whether at law or in equity may be against one, all, or any intermediate number of the parties to the bond and when less than all are joined other or others may be impleaded in the same proceeding and after final judgment or decree other proceedings may be instituted until full satisfaction is obtained.
Section 56-4-750. A person may give proof of financial responsibility by delivering to the executive director of the Department of Revenue and Taxation cash or securities equal to the sum of the liability coverage required for bodily injury or death of two or more persons in any one accident and injury to or destruction of property of others in any one accident as prescribed by Section 56-4-940. Securities so deposited shall be such as public bodies may invest in according to the laws of this State.
Section 56-4-760. All monies or securities delivered to the executive director of the Department of Revenue and Taxation pursuant to this chapter shall be placed by him in the custody of the State Treasurer and shall be subject to executive order to satisfy any judgment within the limits on amounts required by this chapter for motor vehicle liability insurance policies. The State Treasurer shall certify the value of such moneys or securities to the executive director of the Department of Revenue and Taxation as soon as practicable after their deliver to him.
Section 56-4-770. For the purpose of defraying the expense of the safekeeping and handling of the cash or securities deposited with him under the provisions of this title, in December of each year the State Treasurer shall levy against each person having cash or securities deposited with him an assessment of not more than one-tenth of one percent of the cash or of the par value of the securities deposited to his account, and shall collect the assessment in January of each year. These funds shall be deposited to the general fund of the State Treasury. If any assessment is not paid by January 31 of each year, the State Treasurer shall so notify the executive director of the Department of Revenue and Taxation in writing, attaching thereto a dated copy of the original assessment.
Section 56-4-780. Whenever the monies or securities are subjected to attachment, garnishment, execution, or other legal process or are otherwise depleted or threatened with depletion or impairment in amount or value the depositor must immediately furnish additional monies or securities, free from lien, claim, or threat of impairment, in sufficient amount or value fully to comply with the requirements of this chapter.
The State Treasurer shall notify the executive director of the Department of Revenue and Taxation promptly of any depletion, impairment, or decrease or of any legal threat of depletion, impairment, or decrease in the value of the securities or in the monies on deposit with him under the provisions of this chapter.
Section 56-4-790. The executive director of the Department of Revenue and Taxation may cancel any bond or return any certificate of insurance and on the substitution and acceptance by him of other adequate proof of financial responsibility pursuant to this chapter, and on his direction to such effect the State Treasurer shall return any money or securities on deposit with him to the person entitled to it.
Section 56-4-800. The executive director of the Department of Revenue and Taxation and the State Treasurer, or either, may proceed in equity by bill of interpleader for the determination of any dispute as to ownership of or rights in any deposit held by the State Treasurer pursuant to this chapter and may have recourse to any other appropriate proceeding for determination of any question that arises as to their rights or liabilities or as to the rights or liabilities of the State under this chapter.
Section 56-4-810. Whenever any proof of financial responsibility filed by any person under this chapter no longer fulfills the purpose for which required, the executive director of the Department of Revenue and Taxation shall require other proof of financial responsibility as required by this chapter and shall suspend the person's driver's license, registration cards and license plates pending the furnishing of proof as required.
Nonpayment of the assessment provided for in Section 56-4-770 shall also be reason for suspension of the driver's license, registration cards, and license plates of a person offering cash or securities as proof of financial responsibility under this chapter. The suspension shall be promptly initiated by the executive director of the Department of Revenue and Taxation on receipt of written notice of nonpayment of the assessment from the State Treasurer and shall take effect ten days from the date of a written notice sent by the executive director of the Department of Revenue and Taxation to the person by first-class mail, the notice to notify the person of the forthcoming suspension if payment is not received within the ten-day period.
Section 56-4-820. The executive director of the Department of Revenue and Taxation, on request and subject to the provisions of Section 56-4-830, shall consent to the cancellation of any bond or insurance policy or to the return to the person entitled thereto of any money or securities deposited pursuant to this chapter as proof of financial responsibility or he shall not require proof of financial responsibility in the event:
(1) of the death of the person on whose behalf the proof was filed;
(2) of his permanent incapacity to operate a motor vehicle;
(3) that the person who has given proof of financial responsibility surrenders his driver's license and all of his registration cards and license plates to the executive director of the Department of Revenue and Taxation.
Section 56-4-830. (A) Notwithstanding the provisions of Section 56-4-820, the executive director of the Department of Revenue and Taxation shall not release the proof in the event:
(1) any action for damages upon a liability included in this chapter is then pending;
(2) any judgment on any liability is then outstanding and unsatisfied; or
(3) the executive director of the Department of Revenue and Taxation has received notice that the person involved has within the period of twelve months immediately preceding been involved as a driver in any motor vehicle accident.
(B) An affidavit of the applicant of the nonexistence of these facts shall be sufficient evidence thereof in the absence of evidence in the records of the Division of Motor Vehicles of the Department of Revenue and Taxation tending to indicate the contrary.
Section 56-4-840. Whenever any person to whom proof has been surrendered as provided in Section 56-4-820 applies for a driver's license or the registration of a motor vehicle, the application shall be refused unless the applicant reestablishes proof as required by this chapter.
Section 56-4-850. Any person who forges or without authority signs any evidence of ability to respond in damages or knowingly attempts to employ or use any evidence of ability to respond in damages, as required by the executive director of the Department of Revenue and Taxation in the administration of this chapter, shall be guilty of a misdemeanor.
Section 56-4-860. Every person who has been unable to obtain a motor vehicle liability policy shall have the right to apply to Director of the Department of Insurance to have his risk assigned to an insurance carrier licensed to write and writing motor vehicle liability insurance in the State and the insurance carrier, whether a stock or mutual company, reciprocal, or interinsurance exchange, or other type or form of insurance organization, as provided in this chapter shall issue a motor vehicle liability policy which will meet at least the minimum requirements for establishing financial responsibility as provided in this chapter, and in addition shall provide, at the option of the insured, reasonable motor vehicle physical damage and medical payments coverages, (both as defined in Chapter 77, Title 38) in the same policy.
Every person who has otherwise obtained a motor vehicle liability insurance policy, or who has been afforded motor vehicle liability insurance under the laws of this State, but who was not afforded motor vehicle medical payments insurance or motor vehicle physical damage insurance in the same policy, or who was not afforded such coverages under the provisions of that section, shall have the right to apply to the executive director of the Department of Revenue and Taxation to have his risk assigned to an insurance carrier, as provided above, licensed to write and writing either or both coverages, and the insurance carrier shall issue a policy providing the coverage or coverages applied for.
Section 56-4-870. Once an assigned risk policy has been issued to an insured, every insurer licensed in the State issuing or delivering any policy or contract of bodily injury liability insurance, or of property damage liability insurance, coverage liability arising from the ownership, maintenance, or use of any motor vehicle shall provide on request of the insured, on payment of premium established by law for the coverage (i) to the named insured and, while resident of the named insured's household, the spouse and relatives of the named insured while occupying a motor vehicle or if struck by a motor vehicle while not occupying a motor vehicle; and (ii) to persons occupying the insured motor vehicle, the following health care and disability benefit for each accident:
(1) medical and chiropractic payments coverages incurred within two years after the date of the accident, up to two thousand dollars per person;
(2) if the person is usually engaged in a remunerative occupation, an amount equal to the loss of income incurred within one year after the date of the accident resulting from injuries received in the accident up to one hundred dollars per week during the period from the first work day lost as a result of the accident up to the date on which the person is able to return to his usual occupation and for a period not to exceed fifty-two weeks or any part thereof; and
(3) the insured has the option of purchasing either or both of the coverages set forth in items (1) and (2) of this section.
Section 56-4-880. The executive director of the Department of Revenue and Taxation may make reasonable regulations for the assignment of risks to insurance carriers.
It shall establish rate classifications, rating schedules, rates, and regulations to be used by insurance carriers issuing assigned risk, policies of motor vehicle liability, physical damage, and medical payments insurance in accordance with this chapter as appear to it to be proper.
In the establishment of rate classifications, rating schedules, rates, and regulations, it shall be guided by the principles and practices which have been established under its statutory authority to regulate motor vehicle liability, physical damage, and medical payments insurance rates and it may act in conformity with its statutory discretionary authority in such matters.
Section 56-4-890. The Department of Insurance may in its discretion, after reviewing all information pertaining to the applicant or policyholder available from its records, the records of the Division of Motor Vehicles of the Department of Revenue and Taxation, or from other sources:
(1) refuse to assign an application;
(2) approve the rejection of an application by an insurance carrier;
(3) approve the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or
(4) refuse to approve the renewal or the reassignment of an expiring policy.
Section 56-4-900. Any information filed with the Department of Insurance by an insurance carrier in connection with an assigned risk shall be confidential and solely for the information of the Department of Insurance and its staff and shall not be disclosed to any person, including an applicant, policyholder, and any other insurance carrier.
Section 56-4-910. (A) The Department of Insurance shall not be required to disclose to any person, including the applicant or policyholder, its reasons for:
(1) refusing to assign an application;
(2) approving the rejection of an application by an insurance carrier;
(3) approving the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or
(4) refusing to approve the renewal or the reassignment of an expiring policy.
(B) The Department of Insurance or anyone acting for it shall not be held liable for any act or omission in connection with the administration of the duties imposed upon it by the provisions of this chapter, except upon proof of actual malfeasance.
Section 56-4-920. The provisions of this chapter relevant to assignment of risks shall be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the State.
Section 56-4-930. Notwithstanding any other provision of law, the provisions of this chapter relating to assignment of risks shall be available to carriers by motor vehicle who are required by law to carry public liability and property damage insurance for the protection of the public.
Section 56-4-940. Every motor vehicle owner's policy shall:
(1) designate by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is intended to be granted.
(2) insure as insured the person named and any other person using or responsible for the use of the motor vehicle or motor vehicles with the permission of the named insured.
(3) Insure the insured or other person against loss from any liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property caused by accident and arising out of the ownership, use, or operation of such motor vehicle or motor vehicles within the State, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of fifteen thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and to a limit of ten thousand dollars because of injury to or destruction of property of others in any one accident.
Section 56-4-950. Every driver's policy shall insure the person named therein as insured against loss from the liability imposed upon him by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property arising out of the use by him of any motor vehicle not owned by him, within the territorial limits and subject to the limits of liability set forth with respect to a motor vehicle owner's policy.
Section 56-4-960. Every policy of insurance subject to the provisions of this chapter:
(1) shall contain an agreement that the insurance is provided in accordance with the coverage defined in this chapter as respects bodily injury, death, property damage, and destruction and that it is subject to all the provisions of this chapter and of the laws of the State relating to this kind of insurance; and
(2) may grant any lawful coverage in excess of or in addition to the coverage herein specified and this excess or additional coverage shall not be subject to the provisions of this chapter but shall be subject to other applicable laws of the State.
Section 56-4-970. No policy required under this chapter shall be issued or delivered in the State unless it complies with Sections 56-2-260 through 56-2-330, with all other applicable and not inconsistent laws of the State, and with the terms and conditions of this article.
Section 56-4-980. Policies issued under this chapter shall not insure any liability of the employer on account of bodily injury to, or death of, an employee of the insured for which benefits are payable under any workers' compensation law.
Section 56-4-990. This chapter shall not apply to any policy of insurance except as to liability thereunder incurred after certification thereof as proof of financial responsibility.
Section 56-4-1000. Several policies of one or more insurance carriers which together meet the requirements of this chapter is considered a motor vehicle liability policy within the meaning of this article.
Section 56-4-1010. Every policy shall be subject to the following provisions which need not be contained therein:
(1) the liability of any insurance carrier to the insured under a policy becomes absolute when loss or damage covered by the policy occurs and the satisfaction by the insured of a judgment for the loss or damage shall not be a condition precedent to the right or duty of the carrier to make payment on account of the loss or damage;
(2) no policy shall be canceled or annulled, as respects any loss or damage, by any agreement between the carrier and the insured after the insured has become responsible for the loss or damage and any attempted cancellation or annulment shall be void;
(3) if the death of the insured occurs after the insured has become liable, during the policy period, for loss or damage covered by the policy, the policy shall not be terminated by the death with respect to the liability and the insurance carrier shall be liable hereunder as though death had not occurred;
(4) on the recovery of a judgment against any person for loss or damage, if the person or the decedent he represents was at the accrual of the cause of action insured against the liability under the policy, the judgment creditor shall be entitled to have the insurance money applied to the satisfaction of the judgment;
(5) if the death, insolvency, or bankruptcy of the insured occurs within the policy period, the policy during the unexpired portion of the period shall cover the legal representatives of the insured; and
(6) no statement made by the insured or on his behalf and no violation of the terms of the policy shall operate to defeat or avoid the policy so as to bar recovery within the limits provided in this article.
Section 56-4-1020. Any policy may provide:
(1) that the insured, or any other person covered by the policy, shall reimburse the insurance carrier for payments made on account of any accident, claim, or suit involving a breach of the terms, provisions, or conditions of the policy; or
(2) for proration of the insurance with other applicable valid and collectible insurance.
Section 56-4-1030. Insurance carriers authorized to issue policies as provided in this chapter may, pending the issuance of the policy, execute an agreement to be known as a binder, which shall not be valid beyond sixty days from the date it becomes effective, or may, in lieu of a policy, issue an endorsement to an existing policy, each of which shall be construed to provide indemnity or protection in like manner and to the same extent as a formal policy. The provisions of this chapter apply to these binders and endorsements.
Section 56-4-1040. When any insurance policy certified under this chapter is canceled or terminated, the insurer shall report the fact to the Executive Director within fifteen days after the cancellation on a form prescribed by the executive director of the Department of Revenue and Taxation.
Section 56-4-1050. The Driver License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
(A) The party states find that:
(1) the safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles;
(2) violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property;
(3) the continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(B) It is the policy of each of the party states to:
(1) promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles;
(2) make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
As used in this compact:
(1) `State' means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(2) `Home state' means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(3) `Conviction' means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and shall include any special findings made in connection therewith.
(A) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to chapter III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) any felony in the Department of Insurance of which a motor vehicle is used;
(4) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(B) As to other convictions, reported pursuant to Chapter III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(C) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subsection (A) of this article, such party state shall construe the denominations and descriptions appearing in subsection (A) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) the applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated;
(2) the applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways;
(3) the applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
(A) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
(B) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.
(A) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(B) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the Executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring before the withdrawal.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as tot he remaining states and in full force and effect as to the state affected as to all severable matters.
Section 56-4-1060. As used in the compact, the term `licensing authority' with reference to this State means the Division of Motor Vehicles of the Department of Revenue and Taxation. The Division of Motor Vehicles of the Department of Revenue and Taxation shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact.
Section 56-4-1070. The compact administrator provided for in chapter VII of the compact shall not be entitled to any additional compensation on account of his service as such administrator but shall be entitled to expenses incurred in connection with his duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.
Section 56-4-1080. As used in the compact, with reference to the State, the term `executive head' shall mean the Governor.
Section 56-4-1100. For the purpose of enforcing item (3) of Article V of this compact, the Division of Motor Vehicles of the Department of Revenue and Taxation shall include as part of the form for application for a driver's license a question whether the applicant is so licensed, require the surrender of such license before the granting of such application in accordance with the provisions of this chapter.
Section 56-4-1110. The executive director of the Department of Revenue and Taxation shall promulgate regulations which he considers necessary to carry out the provisions of this chapter.
A person receiving an order of the executive director of the Department of Revenue and Taxation to suspend or revoke his driver's license or licensing privilege or to require attendance at a driver improvement clinic or placing him on probation may, within thirty days from the date of the order, file a petition of appeal in accordance with Section 56-4-320.
Section 56-4-1120. The executive director of the Department of Revenue and Taxation shall, in his discretion, designate persons to act for the Division of Motor Vehicles of the Department of Revenue and Taxation as driver improvement analysts to examine and evaluate the driving records of the problem drivers and to conduct group interviews, personal interviews, and driver improvement clinics.
Section 56-4-1130. (A) The executive director of the Department of Revenue and Taxation shall suspend the driver's license or other privilege to operate a motor vehicle of any person who fails to attend a scheduled group interview, personal interview, or driver improvement clinic. This suspension shall remain in effect until such person applies to the Division of Motor Vehicles of the Department of Revenue and Taxation in writing for permission to attend a scheduled group interview, personal interview, or driver improvement clinic, whichever is applicable, and thereafter until he is rescheduled and satisfactorily completes the assignment, except as hereinafter provided.
(B) The executive director of the Department of Revenue and Taxation may, for good cause shown, cancel or terminate the suspension or reinstatement requirement, provided the person applies to the Division of Motor Vehicles of the Department of Revenue and Taxation in writing for permission to attend a scheduled group interview, personal interview, or driver improvement clinic, whichever is applicable. In the event he does not satisfactorily complete the assignment, the executive director of the Department of Revenue and Taxation shall forthwith suspend the person's driver's license or other privilege to operate a motor vehicle as required by subsection (A) of this section.
Section 56-4-1140. The Division of Motor Vehicles of the Department of Revenue and Taxation may revoke the registration of a motor vehicle, trailer, or semitrailer and may revoke the registration card, license plates, or decals whenever the person to whom the registration card, license plates, or decals have been issued makes or permits to be made an unlawful use of any of them or permits their use by a person not entitled to them, or fails or refuses to pay, within the time prescribed by law, any fuel taxes or other taxes or fees required to be collected or authorized to be collected by the Division of Motor Vehicles of the Department of Revenue and Taxation regardless of whether the fee applies to that particular vehicle.
Section 56-4-1150. (A) Every registration under this title, unless otherwise provided, shall expire on the last day of the twelfth month next succeeding the date of registration. Every registration, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, the renewal to take effect on the first day of the month succeeding the date of expiration.
(B) All motor vehicles, trailers, and semitrailers registered in the State shall, at the discretion of the Division of Motor Vehicles of the Department of Revenue and Taxation, be placed in a system of registration on a monthly basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the twelve months of the year. All such motor vehicles, trailers, and semitrailers, unless otherwise provided, shall be registered for twelve months. The registration shall be extended, at the discretion of the executive director of the Department of Revenue and Taxation, on receipt of appropriate prorated fees, as required by law, for not less than one month nor more than eleven months as is necessary to distribute the registrations as equally as practicable on a monthly basis. The executive director of the Department of Revenue and Taxation shall, on request, assign to any owner or owners of two or more motor vehicles, trailers, or semitrailers the same registration period. The expiration date shall be the last day of the twelfth month or the last day of the designated month. Except for motor vehicles, trailers, and semitrailers registered for more than one year under subsection (C) of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month.
(C) The executive director of the Department of Revenue and Taxation may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except for:
(1) those registered under the International Registration Plan; and
(2) those registered as uninsured motor vehicles.
When this option is offered and chosen by the registrant, all annual and twelve-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.
Section 56-4-1160. All fees collected by the Division of Motor Vehicles of the Department of Revenue and Taxation shall be paid into the State Treasury and set aside as a special fund to be used to meet the expenses of the Division of Motor Vehicles of the Department of Revenue and Taxation.
Section 56-4-1170. An amount equal to an amount equal to twenty percent of the fees collected, after refunds, from the registration of motor vehicles, trailers, and semitrailers pursuant to this chapter, calculated at the rates in effect on July 1, 1997, shall be transferred from the special fund established by the provisions of the laws of this State to a special fund in the State Treasury to be used to meet the expenses of the Division of Motor Vehicles of the Department of Revenue and Taxation.
Section 56-4-1180. A person who operates or permits the operation over any highway in the State of any motor vehicle, trailer, or semitrailer for the transportation of passengers without first having paid to the executive director of the Department of Revenue and Taxation the fee prescribed by the laws of this State shall be guilty of a misdemeanor.
Section 56-4-1190. A person holding a registration card and license plate or license plates with decal who disposes of, elects not to use the vehicle for which it was issued on the highways in the State, or transfers another valid license plate to the vehicle may surrender, before the beginning of the registration period, the license plates or license plates with decals and registration card or provide other evidence of registration of the vehicle to the executive director of the Department of Revenue and Taxation with a statement that the vehicle for which the license plate or license plate with decal was issued has been disposed of, election has been made not to use the vehicle on the highways in the State, or another valid license plate has been transferred to the vehicle and request a refund of the fee paid. The executive director of the Department of Revenue and Taxation shall retain five dollars of the fee to cover the costs incurred in issuing the plates and processing the refund.
The executive director of the Department of Revenue and Taxation shall refund to the applicant a proration, in six-month increments, of the total cost of the registration and license plates or license plates with decals if application for the refund is made when there are six or more months remaining in the registration period. No charge or deduction shall be assessed for any refund made under this subsection.
Section 56-4-1200. Upon application on a form prescribed by the executive director of the Department of Revenue and Taxation, any person registering any vehicle whose fees are set under Section 56-4-1220 shall be refunded that portion of the registration fee for a gross weight in excess of that set forth by the laws of this State.
Section 56-4-1210. Notwithstanding any other provision of law, the owner of any motor vehicle which is required to be licensed under Section 56-4-1220 as a for-hire vehicle, may apply for a refund of that portion of the license fee paid in excess of the fee required if it were licensed not for-hire, subject to the conditions and limitations set forth in this section.
If the motor vehicle, while licensed as a for-hire vehicle, is used exclusively in seasonal operation for the transportation of agricultural, horticultural, or forest products and seed and fertilizer therefor to and from the land of the producer, for compensation, the owner may surrender the for-hire license plates issued at any times before the expiration of an accumulated total of not more than ninety days. A refund may be obtained for seventy-five percent of that portion of the fee paid in excess of the license fee required for private carrier license plates. The executive director of the Department of Revenue and Taxation shall refund this surcharge on application on forms prescribed by him and submitted to the Division of Motor Vehicles of the Department of Revenue and Taxation within thirty days of the registration expiration date of the license plates.
Section 56-4-1220. (A) Except as otherwise provided in this section, the fee for registration of all motor vehicles not designed and used for the transportation of passengers shall be thirteen dollars plus an amount determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, according to the schedule of fees set forth in this section. For each one thousand pounds of gross weight, or major fraction thereof, for which any such vehicle is registered, there shall be paid to the executive director of the Department of Revenue and Taxation the fee indicated in the following schedule immediately opposite the weight group and under the classification established by the provisions of the laws of this State into which such vehicle, or any combination of vehicles of which it is a part, falls when loaded to the maximum capacity for which it is registered and licensed. The fee for a pickup or panel truck shall be twenty-three dollars if its gross weight is four thousand pounds or less, and twenty-eight dollars if its gross weight is four thousand one pounds through six thousand, five hundred pounds. The fee shall be twenty-nine dollars for any motor vehicle with a gross weight of six thousand, five hundred one pounds through ten thousand pounds.
Gross Weight Private For Rent or
Groups (pounds) Carriers For Hire
Carriers
10,001 -- 11,000 $2.60 $4.75
11,001 -- 12,000 2.80 4.90
12,001 -- 13,000 3.00 5.15
13,000 -- 14,000 3.20 5.40
14,001 -- 15,000 3.40 5.65
15,001 -- 16,000 3.60 5.90
16,001 -- 17,000 4.00 6.15
17,001 -- 18,000 4.40 6.40
18,001 -- 19,000 4.80 7.50
19,001 -- 20,000 5.20 7.70
20,001 -- 21,000 5.60 7.90
21,001 -- 22,000 6.00 8.10
22,001 -- 23,000 6.40 8.30
23,001 -- 24,000 6.80 8.50
24,001 -- 25,000 6.90 8.70
25,001 -- 26,000 6.95 8.90
26,001 -- 27,000 7.00 9.10
27,001 -- 28,000 7.05 9.30
28,001 -- 29,000 7.10 9.50
29,001 -- 40,000 7.20 9.70
40,001 -- 45,000 7.30 9.90
45,001 -- 50,000 7.50 10.00
50,001 -- 55,000 8.00 12.00
55,001 -- 76,000 10.00 14.00
76,001 -- 80,000 12.00 15.00
For all such motor vehicles exceeding a gross weight of six thousand, five hundred pounds, an additional fee of five dollars shall be imposed.
(B) In lieu of registering any motor vehicle referred to in this section for an entire licensing year, the owner may elect to register the vehicle only for one or more quarters of a licensing year, and in such case, the fee shall be twenty-five percent of the annual fee plus five dollars for each quarter that the vehicle is registered.
(C) When an owner elects to register and license a motor vehicle under subsection (B) of this section, the provisions of Sections 56-4-1150 and 56-4-1190 shall not apply.
(D) Notwithstanding any other provision of law, no vehicle designed, equipped, and used to tow disabled or inoperable motor vehicles shall be required to register in accordance with any gross weight other than the gross weight of the towing vehicle itself, exclusive of any vehicle being towed.
(E) All registrations and licenses issued for less than a full year shall expire on the date shown on the license and registration.
Section 56-4-1230. For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section:
(1) `Motor vehicle' means a vehicle capable of self-propulsion which is either:
(a) required to be titled and licensed and for which a license fee is required to be paid by its owner, or
(b) owned by or assigned to a motor vehicle manufacturer, distributor, or dealer licensed in the State.
(2) `Insured motor vehicle' means a motor vehicle as to which there is bodily injury liability insurance and property damage liability insurance, both in the amounts specified in Section 56-4-940, issued by an insurance carrier authorized to do business in the State, or as to which a bond has been given or cash or securities delivered in lieu of the insurance; or as to which the owner has qualified as a self-insurer in accordance with the provisions of Section 56-4-30.
(3) `Uninsured motor vehicle' means a motor vehicle as to which there is no such bodily injury liability insurance and property damage liability insurance, or no such bond has been given or cash or securities delivered in lieu thereof, or the owner of which has not so qualified as a self-insurer.
Section 56-4-1240. In addition to any other fees prescribed by law, every person registering an uninsured motor vehicle, as defined in Section 56-4-1230, at the time of registering or re-registering the uninsured vehicle, shall pay a fee of five hundred dollars; however, if the uninsured motor vehicle is a is being registered or re-registered for a period of less than a full year, the uninsured motor vehicle fee shall be prorated to conform to the registration period. If the vehicle is a motor vehicle being registered or re-registered as provided in subsection (B) of Section 56-4-1220, the fee shall be one-fourth of the annual uninsured motor vehicle fee for each quarter for which the vehicle is registered. Every person applying for registration of a motor vehicle and declaring it to be an insured motor vehicle shall, under the penalties set forth in Section 56-4-1250, execute and furnish to the executive director of the Department of Revenue and Taxation his certificate that the motor vehicle is an insured motor vehicle as defined in Section 56-4-1240, or that the executive director of the Department of Revenue and Taxation has issued to its owner, in accordance with Section 56-4-30, a certificate of self-insurance applicable to the vehicle sought to be registered. The executive director of the Department of Revenue and Taxation, or his duly authorized agent, may verify that the motor vehicle is properly insured by comparing owner and vehicle identification information on file at the Division of Motor Vehicles of the Department of Revenue and Taxation with liability insurance information on the owner and vehicle transmitted to the Division of Motor Vehicles of the Department of Revenue and Taxation by any insurance company licensed to do business in the state as provided in Section 56-4-1230(1). If no record of liability insurance is found, the Division of Motor Vehicles of the Department of Revenue and Taxation may require the motor vehicle owner to verify insurance in a method prescribed by the executive director of the Department of Revenue and Taxation. The refusal or neglect of any owner within thirty days to submit the liability insurance information when required by the executive director of the Department of Revenue and Taxation or his duly authorized agent or the electronic notification by the insurance company or surety company that the policy or bond named in the certificate of insurance is not in effect, shall require the Director to suspend any driver's license and all registration certificates and license plates issued to the owner of the motor vehicle until the person:
(1) has paid to the executive director of the Department of Revenue and Taxation a reinstatement fee of two hundred dollars for the first reinstatement, and three hundred dollars for each subsequent reinstatement; and
(2) furnishes proof of financial responsibility for the future in the manner prescribed in Section 56-4-570 et seq. of this chapter. No order of suspension required by this section shall become effective until the executive director of the Department of Revenue and Taxation has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension. When three years have elapsed from the effective date of the suspension required in this section, the executive director of the Department of Revenue and Taxation may relieve the person of the requirement of furnishing proof of future financial responsibility.
The executive director of the Department of Revenue and Taxation shall suspend the driver's license and all registration certificates and license plates of any person on receiving a record of his conviction of a violation of any provisions of Section 56-4-1250, but the executive director of the Department of Revenue and Taxation shall dispense with the suspension when the person is convicted for a violation of Section 56-4-1250 and the Division of Motor Vehicles of the Department of Revenue and Taxation's records show conclusively that the motor vehicle was insured or that the fee applicable to the registration of an uninsured motor vehicle has been paid by the owner before the date and time of the alleged offense.
Section 56-4-1250. A person who owns an uninsured motor vehicle:
(1) licensed in the State;
(2) subject to registration in the State; or
(3) displaying temporary license plates provided for in Section 56-4-1320 who operates or permits the operation of that motor vehicle without first having paid to the executive director of the Department of Revenue and Taxation the uninsured motor vehicle fee required by Section 56-4-1240, to be disposed of as provided by Section 56-4-1280, shall be guilty of a misdemeanor.
A person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the executive director of the Department of Revenue and Taxation, shall be guilty of a misdemeanor.
The executive director of the Department of Revenue and Taxation or his duly authorized agent, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to verify insurance in a method prescribed by the Director as provided for by Section 56-4-1240. The refusal or neglect of the owner who has not, before the date of operation, paid the uninsured motor vehicle fee required by Section 56-4-1240 as to such motor vehicle, to provide verification shall be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation.
A person who falsely verifies insurance to the executive director of the Department of Revenue and Taxation or gives false evidence that a motor vehicle sought to be registered is an insured motor vehicle, shall be guilty of a misdemeanor.
However, the foregoing portions of this section shall not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of Section 56-4-1140 shall be applicable.
A person who owns an uninsured motor vehicle (i) licensed in South Carolina, (ii) subject to registration in South Carolina, (iii) displaying temporary license plates provided for in Section 56-4-1330 and who has not paid the uninsured motor vehicle fee required by Section 56-4-40 shall immediately surrender the vehicle's
license plates to the Department; a person who fails to do so shall be guilty of a misdemeanor.
Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section shall be forwarded to the executive director of the Department of Revenue and Taxation as prescribed by Section 56-4-70.
The executive director of the Department of Revenue and Taxation shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays the fee applicable to the registration of an uninsured motor vehicle as prescribed in Section 56-4-1240 and furnishes proof of future financial responsibility as prescribed by Section 56-4-570 et seq. of this chapter. However, when three years have elapsed from the date of the suspension herein required, the Director may relieve such person of the requirement of furnishing proof of future financial responsibility. When such suspension results from a conviction for presenting or causing to be presented to the executive director of the Department of Revenue and Taxation a false certificate as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the executive director of the Department of Revenue and Taxation shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person so convicted for a period of one hundred eighty days from the date of such order of suspension, and only then when all other provisions of law have been complied with by such person. The executive director of the Department of Revenue and Taxation shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section and he shall not thereafter reissue the driver's license until thirty days from the date of such order of suspension.
Section 56-4-1260. For the purposes of this chapter, unless a different meaning is clearly required by the context:
`Conviction' means conviction on a plea of guilty or the determination of guilt by a jury or by a court though no sentence has been imposed or, if imposed, has been suspended and includes a forfeiture of bail or collateral deposited to secure appearance in court of the defendant unless the forfeiture has been vacated, in any case of a charge, the conviction of which requires or authorizes the Director to suspend or revoke the license of the defendant;
`Insured' means the person in whose name a motor vehicle liability policy has been issued, as defined in this section, and any other person insured under its terms;
`Judgment' means any judgment for $200 or more arising out of a motor vehicle accident because of injury to or destruction of property, including loss of its use, or any judgment for damages, including damages for care and loss of services, because of bodily injury to or death of any person arising out of the ownership, use or operation of any motor vehicle, including any judgment for contribution between joint tort-feasors arising out of any motor vehicle accident which occurred within the State, except a judgment rendered against the State, which has become final by expiration without appeal in the time within which an appeal might be perfected or by final affirmance on appeal rendered by a court of competent jurisdiction of the state or any other state or court of the United States or Canada or its provinces;
`Motor vehicle' means every vehicle which is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a motor vehicle and includes every device in, on or by which any person or property is or can be transported or drawn on a highway, except devices moved by human or animal power and devices used exclusively on rails or tracks, and vehicles used in the State but not required to be licensed by the State;
`Motor vehicle liability policy' means an owner's or a driver's policy of liability insurance certified, as provided in this chapter, by an insurance carrier licensed to do business in the State or by an insurance carrier not licensed to do business in the State on compliance with the provisions of this chapter, as proof of financial responsibility.
Section 56-4-1270. When it appears to the executive director of the Department of Revenue and Taxation from the records of his office that an uninsured motor vehicle as defined in Section 56-4-1230, subject to registration in the State, is involved in a reportable accident in the State resulting in death, injury, or property damage with respect to which motor vehicle the owner thereof has not paid the uninsured motor vehicle fee as prescribed in Section 56-4-1240, the executive director of the Department of Revenue and Taxation shall, in addition to enforcing the applicable provisions of Section 56-4-390 et seq. of this chapter, suspend such owner's driver's license and all of his license plates and registration certificates until such person has complied with those provisions of law and has paid to the executive director of the Department of Revenue and Taxation a reinstatement fee as provided by the laws of this State, to be disposed of as provided by Section 56-4-1280, with respect to the motor vehicle involved in the accident and furnishes proof of future financial responsibility in the manner prescribed in Section 56-4-570 et seq. of this chapter. However, no order of suspension required by this section shall become effective until the executive director of the Department of Revenue and Taxation has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension.
However, when three years have elapsed from the effective date of the suspension herein required, the executive director of the Department of Revenue and Taxation may relieve such person of the requirement of furnishing proof of future financial responsibility. The presentation by a person subject to the provisions of this section of a certificate of insurance, executed by an agent or representative of an insurance company qualified to do business in this State, showing that on the date and at the time of the accident the vehicle was an insured motor vehicle as herein defined, or, presentation by such person of evidence that the additional fee applicable to the registration of an uninsured motor vehicle had been paid to the Division of Motor Vehicles of the Department of Revenue and Taxation before the date and time of the accident, shall be sufficient bar to the suspension provided for in this section.
Section 56-4-1280. Whenever any proof of financial responsibility filed by any person as required by this chapter no longer fulfills the purpose for which required, the executive director of the Department of Revenue and Taxation shall require other proof of financial responsibility as required by this chapter and shall suspend such person's driver's license, registration, certificates, and license plates and decals pending the furnishing of proof as required.
A person whose driver's license or registration certificates, or license plates and decals have been suspended as provided in this chapter and have not been reinstated shall immediately return every such license, registration certificate, and set of license plates and decals held by him to the executive director of the Department of Revenue and Taxation. A person failing to comply with this requirement shall be guilty of a traffic infraction and, upon conviction, shall be punished as provided in Section 56-4-20.
The executive director of the Department of Revenue and Taxation is authorized to take possession of any license, registration certificate, or set of license plates and decals on their suspension under the provisions of this chapter or to direct any police officer to take possession of and return them to the office of the executive director of the Department of Revenue and Taxation.
Section 56-4-1290. All funds collected by the executive director of the Department of Revenue and Taxation under the provisions of this chapter shall be paid into the State Treasury and held in a special fund to be known as the `Uninsured Motorists Fund' to be disbursed as provided by law. The executive director of the Department of Revenue and Taxation may expend monies from such funds, for the administration of this chapter, in accordance with the General Appropriations Act.
Section 56-4-1300. Ordinances enacted by local authorities pursuant to this chapter may incorporate appropriate provisions of this title into such ordinance by reference. Nothing contained in this title shall require the reenactment of ordinances heretofore validly adopted.
Section 56-4-1310. All dealer records regarding employees, lists of vehicles in inventory for sale, resale, or on consignment, vehicle purchases, sales, trades, and transfers of ownership; collections of taxes, titling, uninsured motor vehicle, and registration fees, odometer disclosure statements, records of permanent dealer registration plates assigned to the dealer and temporary transport plates and temporary certificates of ownership, and other records required by the Division of Motor Vehicles of the Department of Revenue and Taxation shall be maintained on the premises of the licensed location. The executive director of the Department of Revenue and Taxation may, on written request by a dealer, permit his records to be maintained at a location other than the premises of the licensed location for good cause shown. All dealer records shall be preserved in original form for five years in a manner that permits systematic retrieval. Certain records may be maintained on a computerized record-keeping system with the prior approval of the executive director of the Department of Revenue and Taxation.
Section 56-4-1320. (A) Every motor vehicle dealer shall complete, in duplicate, a buyer's order for each sale or exchange of a motor vehicle. A copy of the buyer's order form shall be made available to a prospective buyer during the negotiating phase of a sale and before any sales agreement. The completed original shall be retained for four years in accordance with Section 56-4-1300, and a duplicate copy shall be delivered to the purchaser at the time of sale or exchange. A buyer's order shall include:
(1) the name and address of the person to whom the vehicle was sold or traded;
(2) the date of the sale or trade;
(3) the name and address of the motor vehicle dealer selling or trading the vehicle;
(4) the make, model year, vehicle identification number, and body style of the vehicle;
(5) the sale price of the vehicle;
(6) the amount of any cash deposit made by the buyer;
(7) a description of any vehicle used as a trade-in and the amount credited the buyer for the trade-in. The description of the trade-in shall be the same as outlined in item (4) of this subsection;
(8) the amount of any sales and use tax, title fee, uninsured motor vehicle fee, registration fee, or other fee required by law for which the buyer is responsible and the dealer has collected. Each tax and fee shall be individually listed and identified;
(9) the net balance due at settlement;
(10) any item designated as `processing fee', and the amount charged by the dealer, if any, for processing the transaction. As used in this section processing includes obtaining title and license plates for the purchaser;
(11) any item designated as `dealer's business license tax', and the amount charged by the dealer, if any.
If the transaction does not include a policy of motor vehicle liability insurance, the seller shall stamp or mark on the face of the bill of sale in boldface letters no smaller than eighteen point type the following words: `No Liability Insurance Included'.
A completed buyer's order when signed by both buyer and seller may constitute a bill of sale.
(B) The executive director of the Department of Revenue and Taxation shall approve a buyer's order form and each dealer shall file with each license application, or renewal, its buyer's order form, on which the processing fee amount is stated.
(C) If a processing fee is charged, that fact and the amount of the processing fee shall be disclosed by the dealer. Disclosure shall be by placing a clear and conspicuous sign in the public sales area of the dealership. The sign shall be no smaller than eight and one-half inches by eleven inches and the print shall be no smaller than one-half inch, and in a form as approved by the executive director of the Department of Revenue and Taxation.
Section 56-4-1330. The Division of Motor Vehicles of the Department of Revenue and Taxation may, subject to the limitation and conditions set forth in this chapter, deliver temporary license plates designed by the Division of Motor Vehicles of the Department of Revenue and Taxation to any dealer licensed under this chapter who applies for at least ten sets of plates and who encloses with his application a fee of one dollar for each set applied for. The application shall be made on a form prescribed and furnished by the Division of Motor Vehicles of the Department of Revenue and Taxation. Dealers, subject to the limitations and conditions set forth in this chapter, may issue temporary license plates to owners of vehicles. The owners shall comply with the provisions of this chapter and Sections 56-4-1230, 56-4-1240, and 56-4-1250. Dealers issuing temporary license plates may do so free of charge, but if they charge a fee for issuing temporary plates, the fee shall be no more than the fee charged the dealer by the Division of Motor Vehicles of the Department of Revenue and Taxation under this section.
Section 56-4-1340. The Executive Director of the Department of Revenue and Taxation shall make an annual report to the General Assembly on the status of the uninsured motorist population, and on its Insurance Monitoring Program activities including information on the effectiveness of South Carolina's motor vehicle insurance laws, educational efforts to inform and enhance the public's understanding of insurance requirements and the limitations of the uninsured motorist fee, and efforts to reduce the number of uninsured motorists on South Carolina roadways.
SECTION 3. Title 56 of the 1976 Code is amended by adding:
Section 56-8-10. (A) This chapter shall be liberally construed to achieve the purposes stated in subsection (B) of this section.
(B) The purposes of this chapter are to:
(1) protect policyholders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates;
(2) encourage independent action by insurers and reasonable price competition among insurers as the most effective way to produce rates that conform to the standards of item (1);
(3) provide formal regulatory controls for use if independent action and price competition fail;
(4) authorize cooperative action among insurers in the rate making process, and regulate such cooperation in order to prevent practices that tend to create monopoly or to lessen or destroy competition;
(5) provide rates that are responsive to competitive market conditions and improve the availability of insurance in this State; and
(6) regulate the business of insurance in a manner that will preclude application of federal antitrust laws.
Section 56-8-20. As used in this chapter:
`Classification system' or `classification' means the plan, system, or arrangement for grouping risks with similar characteristics or a specified class of risk by recognizing differences in exposure to hazards.
`Experience rating' means a statistical procedure utilizing past risk experience to produce a prospective premium credit, debit, or unity modification.
`Market segment' means any line or class of insurance or, if it is described in general terms, any subdivision of insurance or any class or risks or combination of classes.
`Prospective loss costs' means historical aggregate losses and loss adjustment expenses projected through development of their ultimate value and through trending to a future point in time. Prospective loss costs do not include provisions for profit or expenses other than loss adjustment expenses.
`Rate service organization' means any entity, including its affiliates or subsidiaries, which either has two or more member insurers, other than a joint underwriting association under Section 56-8-200, which assists insurers in ratemaking or filing by (i) collecting, compiling, and furnishing loss statistics: (ii) recommending, making, or filing prospective loss costs or supplementary rate information; or (iii) advising about rate questions, except as an attorney giving legal advice. Two or more insurers having a common ownership or operating in this State under common management or control constitute a single insurer for purposes of this definition.
`Statistical plan' means the plan, system, or arrangement used in collecting data for rate making or other purposes.
`Supplementary rate information' includes any manual or plan of rates, experience rating plan, statistical plan, classification, rating schedule, minimum premium, or minimum premium rule, policy fee, rating rule, rate-related underwriting rule, and any other information not otherwise inconsistent with the purposes of this chapter required by the Department of Insurance.
`Supporting data' includes:
(1) the experience and judgment of the filer and, to the extent the filer wishes or the Department of Insurance requires, the experience and judgment of other insurers or rate service organizations;
(2) the filer's interpretation of any statistical data relied upon;
(3) descriptions of the actuarial and statistical methods employed in setting the rates; and
(4) any other relevant information required by the Department of Insurance.
Section 56-8-30. (A) Except as provided in subsection (B) of this section, this chapter applies to the classes of insurance defined in the laws of this State.
(B) This chapter does not apply to:
(1) insurance written through the South Carolina Workers' Compensation Plan;
(2) insurance on a specific risk as provided in Section 56-12-280;
(3) reinsurance, other than joint reinsurance, to the extent stated in Section 56-8-200;
(4) life insurance as defined by the laws of this State;
(5) annuities as defined by the laws of this State;
(6) accident and sickness insurance as defined by the laws of this State;
(7) title insurance as defined by the laws of this State;
(8) insurance of vessels or craft used primarily in a trade or business, their cargoes, marine builders' risks and marine protection and indemnity;
(9) insurance against loss of or damage to hulls of aircraft, including their accessories and equipment, or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance or use of aircraft;
(10) automobile bodily injury and property damage liability insurance issued to: (i) any motor carrier of property who is required to file such insurance with the Division of Motor Vehicles of the Department of Revenue and Taxation pursuant to the laws of this State or any amendment to that section; or (ii) any motor carrier of property required by the laws of this State;
(11) uninsured motorist coverage required by Section 56-2-310(A);
(12) insurance written through the South Carolina Automobile Insurance Plan. However, Section 56-12-60 shall apply to insurance written through the Plan;
(13) this chapter shall not apply to any class of insurance written (i) by any mutual assessment property and casualty insurance company organized and operating under the laws of this State and doing business only in this State, or (ii) by any mutual insurance company or association organized under the laws of this State, conducting business only in this State, and issuing only policies providing for perpetual insurance.
Section 56-8-40. The Department of Insurance may by rule exempt any person, class of persons, or market segment from any or all of the provisions of this chapter to the extent that it finds their application unnecessary to achieve the purposes of this chapter.
Section 56-8-50. (A) Rates for the classes of insurance to which this chapter applies shall not be excessive, inadequate or unfairly discriminatory. All rates and all changes and amendments to rates to which this chapter applies for use in this State shall consider loss experience and other factors within South Carolina if relevant and actuarially sound; provided, other data, including countrywide, regional or other state data, may be considered where such data is relevant and where a sound actuarial basis exists for considering data other than South Carolina-specific data.
(1) No rate shall be held to be excessive unless it is unreasonably high for the insurance provided and a reasonable degree of competition does not exist in the area with respect to the classification to which the rate applies.
(2) No rate shall be held inadequate unless it is unreasonably low for the insurance provided and (i) continued use of it would endanger solvency of the insurer, or (ii) the rate is unreasonably low for the insurance provided and use of the rate by the insurer has or, if continued, will have the effect of destroying competition or creating a monopoly.
(3) No rate shall be unfairly discriminatory if a different rate is charged for the same coverage and (i) the rate differential is based on sound actuarial principles or (ii) is related to actual or reasonably anticipated experience.
(B)(1) In determining whether rates comply with the standards of subsection (A) of this section, separate consideration shall be given to (i) past and prospective loss experience within and outside this State, (ii) conflagration or catastrophe hazards,(iii) a reasonable margin for underwriting profit and contingencies, (iv) dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, (v) past and prospective expenses both countrywide and those standards and procedures utilized by the insurer, (vii) investment income earned or realized by insurers from their unearned premium and loss reserve and the Department of Insurance may give separate consideration to investment income earned on surplus funds, and (viii) all other relevant factors within and outside this State. When actual experience or data does not exist, the Department of Insurance may consider estimates.
(2) In the case of fire insurance rates, consideration shall be given to the experience of the fire insurance business during a period of not less than the most recent five-year period for which such experience is available.
(C) For the classes of insurance to which this chapter applies, including insurance against contingent, consequential and indirect losses as defined in previous law (i) the systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group for any class of insurance, or with respect to any subdivision or combination of insurance for which separate expense provisions are applicable, and (ii) risks may be grouped by classifications for establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans that establish standards for measuring variations in hazards, expense provisions, or both. The standards may measure any difference between risks that can be demonstrated to have a probable effect upon losses or expenses. Notwithstanding any other provision of this subsection, except as permitted by Section 56-8-120, each member of a rate service organization shall use the uniform classification system, uniform experience rating plan, and uniform statistical plan of its designated rate service organization in the provision of insurance defined as law.
(D) No insurer shall use any information pertaining to any motor vehicle conviction or accident to produce increased or surcharged rates above their filed manual rates for individual risks for a period longer than thirty-six months. This period shall begin no later than twelve months after the date of the conviction or accident.
(E) Each authorized insurer subject to the provisions of this chapter may file with the Department of Insurance an expense reduction plan that permits variations in expense provisions. Such filing may contain provisions permitting agents to reduce their commission resulting in an appropriate reduction in premium. Nothing in this section shall be construed to require an agent to reduce a commission, nor may an insurer unreasonably refuse to reduce a premium due to a commission reduction as permitted by its filed expense reduction plan.
Section 56-8-60. (A) No insurer may increase its insured's premium or may charge points under a safe driver insurance plan to its insured as a result of a motor vehicle accident unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator. No insurer may increase its insured's premium or may charge points to its insured where the operator causing the accident is a principal operator insured under a separate policy. Any insurer increasing a premium or charging points as a result of a motor vehicle accident shall notify the named insured in writing and in the same notification shall inform the named insured that he may appeal the decision of the insurer to the Director of Insurance if he feels his premium has increased or he has been charged points as a result of a motor vehicle accident without just cause.
(B) An appeal of a premium increase or of a point charge by the named insured shall be requested in writing within sixty days of receipt of the notice of any premium adjustment or of any point charge resulting from a motor vehicle accident. Upon receipt of the request, the Director of Insurance shall promptly initiate a review to determine whether the premium increase or the point charge is justified. The premium increase or the point charge shall remain in full force and effect until the Director of Insurance rules that the premium be adjusted or the point charge be removed because it is not justified, or because the point charge was not assigned in accord with the insurer's filed rating plan, and so notifies the insurer and the insured. Upon receipt of the ruling, the insurer shall promptly refund any premiums paid as a direct result of the premium increase or the point charge, and shall adjust future billings to reflect the Director of Insurance's ruling.
(C) On and after January 1, 1998, no insurer shall assign points under a safe-driver insurance policy to any vehicle other than the vehicle customarily driven by the operator responsible for incurring points.
(D) If an insured is a law enforcement officer, as defined by the laws of this State, no insurer may increase such insured's personal insurance premium or may charge points under a safe driver insurance plan to such insured as a result of an accident which occurred in the course of the insured's employment as a law enforcement officer while the insured was driving a motor vehicle provided by the employing law enforcement agency and was engaged in a law enforcement activity at the time of such accident.
Section 56-8-70. (A) The Department of Insurance shall submit a report or reports to the General Assembly, at least biennially, concerning the lines and subclassifications of insurance defined by the laws of this State, including those lines and subclassifications containing as a part thereof insurance coverage as defined in those sections,insuring a commercial entity. The report or reports shall indicate (i) the level of competition among insurers in South Carolina for those lines or subclassifications, (ii) the availability of those lines or subclassifications of insurance and (iii) the affordability of those lines or subclassifications of insurance.
(B) The Department of Insurance's report or reports to the General Assembly shall also designate all insurance lines or subclassification defined by the laws of this State, including those lines or subclassifications of insurance containing as a part thereof insurance coverage defined in those sections, to believe that competition may not be an effective regulator of rates.
(C) The report or reports to the General assembly pursuant to this section shall be made no later than December 31 of the second year of any biennium.
(D) A copy of each report made pursuant to this section shall be sent by the Department of Insurance to the Department of Consumer Affairs. Each report shall be a matter of public record.
(E) Those lines and subclassifications designated pursuant to subsection (B) of this section shall be reviewed by the Department of Insurance for the purpose of determining whether competition is an effective regulator of rates for each such hearings for that purpose no later than September 30 of the year immediately following the year the report or reports are submitted to the General Assembly pursuant to subsection (C) of this section at which it shall hear evidence offered by any interested party. In determining whether competition is an effective regulator of rates for each designated line or subclassification, the Department of Insurance may consider such factors as it considers relevant to such determination including the following factors:
(1) the number of insurers actually writing insurance within the line or subclassification.
(2) the extent and nature of rate differentials among insurers within the line or subclassification.
(3) the respective market share of insurers actually writing insurance within the line or subclassification, and changes in market share compared with previous years.
(4) the ease of entry into the line or subclassification by insurers not currently writing such line or subclassification.
(5) the degree to which rates within the line or subclassification are affected by the filings of rate service organizations.
(6) the extent to which insurers licensed to write the line or subclassification have sought to write or obtain new business within the line or subclassification within the past year.
(7) whether a pattern of unreasonably high rates exists within the line or subclassification in relation to losses, expenses and investment income.
(8) such other factors as the Department of Insurance considers relevant to the determination of whether competition is an effective regulator of rates within the line or subclassification.
(F) Notwithstanding any designation made by the Department of Insurance pursuant to subsection (B) of this section, the Department of Insurance may, upon petition of any interested party, hold a hearing to determine whether, under the factors set forth in subsection (E) of this section, competition is not an effective regulator of rates for lines or subclassifications not so designated.
(G) `Commercial entity' as used in this section shall mean any (i) sole proprietorship, partnership or corporation, (ii) unincorporated association or (iii) the State, a county, city, town, or an authority, board, commission, sanitation, soil and water, planning or other district, public service corporation owned, operated or controlled by the State, a locality or other local governmental authority.
(H) The Department of Insurance shall adopt such rules and regulations including provision for identification from time to time of subclassifications of insurance necessary to implement the provisions of this section.
Section 56-8-80. (A) All insurers licensed to write the classes of insurance defined by the laws of this State, or to write policies of insurance that include as a part thereof the classes of insurance defined in the laws of this State, shall file a report showing their direct experience in the State attributable to all lines or subclassification of liability insurance designated by the Department of Insurance in accordance with of Section 56-8-70(B); provided, any such insurer that did not actually write any such designated line or subclassification of insurance in the State during the reporting period shall be required only to report that it wrote no such insurance. Such reports may be filed on an individual insurer basis by a licensed rate service organization designated by the insurer, provided that such filing shall include all of the information otherwise required from the insurer. Failure to file a substantially complete report shall constitute a failure to file the report.
(B) Each supplemental report shall be made pursuant to the rules and regulations established by the Department of Insurance and shall, unless otherwise provided by the Department of Insurance, be in a machine-readable format prescribed by the Department of Insurance. Each report shall include, to the extent directed by the Department of Insurance, the following information:
(1) number of exposures;
(2) direct premiums written;
(3) direct premiums earned;
(4) direct losses paid identified by such period as the Department of Insurance may require;
(5) number of claims paid;
(6) direct losses incurred during the year, direct losses incurred during the year which occurred and were paid during the year, and direct losses incurred during the year which were reported during the year but were not yet paid;
(7) any loss development factor used and supporting data thereon;
(8) number of claims unpaid; and
(9) such other relevant information as may be required by the Department of Insurance.
The term `number of exposures' as used in this subsection shall mean the unit of measure of risk which is used by the insurer for the designated line or subclassification. Each insurer shall indicate in its report the unit of measure, e.g., number of individuals insured, number of entities insured, payroll, square fee, etc., used by such insurer for each line and subclassification. Such insurer shall use such unit consistently in all reports required by this section.
In completing the supplemental report, the methods by which an insurer assigns or allocates premiums, losses, expenses, investment income, and any other components of its insurance business to lines or subclassifications in South Carolina shall be in accordance with the appropriate annual statement instructions and the accounting practices and procedures manuals adopted by the National Association of Insurance Commissioners (NAIC). Such assignment and allocation methods used by an insurer in completing the supplemental report shall be in accordance with the NAIC Examiners' Handbook and shall be the same methods used by the insurer in preparing the annual statement and insurance expense exhibit as required by the laws of this State. The Department of Insurance may prescribe, but is not limited to prescribing, assignment and allocation methods addressed in the NAIC Examiner's Handbook, the annual statement instructions, or the accounting practices and procedures manuals adopted by the NAIC.
(C) Upon designating any line or subclassification pursuant to Section 56-8-70(B), the Department of Insurance shall establish the date by which such supplemental report shall be filed with the Department of Insurance.
(D) The requirements of this section shall not relieve any insurer of any reporting requirement to which it is otherwise subject in the absence of this section.
Section 56-8-90. (A) Each authorized insurer subject of the provisions of this chapter shall file with the Department of Insurance all rates and supplementary rate information and all changes and amendments to the rates and supplementary rate information made by it for use in this State. Each rate service organization licensed under Section 56-8-180 that has been designated by an insurer for the filing of prospective loss costs or supplementary rate information under Section 56-8-120 shall file with the Department of Insurance all prospective loss costs or supplementary rate information and all changes and amendments to the prospective loss costs or supplementary rate information made by it for use in this State. Prospective loss costs and supplementary rate information for insurance as defined by the laws of this State must comply with the provisions of Section 56-8-170 before being used by an insurer in a filing establishing or changing its rates. Both insurer and rate service organization shall file as follows:
(1) in cases where the Department of Insurance has made a determination under the provisions of Section 56-8-70(E) that competition is an effective regulator of rates within the lines or subclassifications designated by the Department of Insurance, or in the case of all other lines or subclassifications subject of this chapter and not designated under Section 56-8-70(B), such rates, supplementary rate information, changes and amendments to rates and supplementary rate information shall be filed with the Department of Insurance on or before the date they become effective.
(2) where the Department of Insurance has made a determination pursuant to Section 56-8-70(E) or (F) that competition is not an effective regulator of rates for a line or subclassification of insurance, such rates, supplementary rate information, changes and amendments to rates and supplementary information for that line or subclassification shall be filed in accordance with and shall be subject to the provisions of Section 56-8-160.
(3) for any line or subclassification that has been designated pursuant to Section 56-8-70(B), insurers shall continue to file their rates in the same manner then applicable to the line or subclassification until a final determination is made by the Department of Insurance pursuant to Section 56-8-70(E) as to whether competition is an effective regulator rates.
(B) Each insurer whose rate filings are subject to item (2) of subsection (A) of this section shall submit with each rate filing, as considered appropriate by, and to the extent directed by the Department of Insurance, the following information relating to experience in South Carolina and countrywide;
(1) number of exposures;
(2) direct premiums written;
(3) direct premiums earned;
(4) direct losses paid identified by such period as the Department of Insurance may require;
(5) number of claims paid;
(6) direct losses incurred during the year, direct losses incurred during the year which occurred and were paid during the year, and direct losses incurred during the year which were reported during the year but were not yet paid;
(7) any loss development factor used and supporting data thereon;
(8) number of claims unpaid;
(9) loss adjustment expenses paid identified by such period as the Department of Insurance may require;
(10) loss adjustment expenses incurred during the year, loss adjustment expenses incurred during the year for losses which occurred and were paid during the year, and loss adjustment expenses incurred during the year for losses which were reported during the year but were not paid;
(11) other expenses incurred, separately by category of expense, excluding loss adjustment expenses;
(12) investment income on assets related to reserve and allocated surplus accounts;
(13) total return on allocated surplus;
(14) any loss trend factor used and supporting data thereon;
(15) any expense trend factor used and supporting data thereon;
(16) such premium, loss, and expense data reported on a net basis as the Department of Insurance considers necessary for its consideration of a rate filing where coverage to which the rate filing applies is reinsured by another company (i) under common management, (ii) under common controlling ownership, or (iii) under other common effective legal control as defined by the laws of this State; and
(17) such other information as may be required by rule of the Department of Insurance, including statewide rate information presented separately for South Carolina and each state wherein the insurer writes the line, subline or rating classification for which the rate filing is made and which the Department of Insurance considers necessary for its consideration.
(C) Where actual experience does not exist or is not credible, the Department of Insurance may allow the use of estimates for the information required by items 1 through 15 of subsection (B) of this section and may require the insurer to submit such information as the Department of Insurance considers necessary to support such estimates.
(D) Prospective loss costs filings and supplementary rate information filed by rate service organizations shall not contain final rates, minimum premiums, or minimum premium rules.
(E) No insurer shall make or issue an insurance contract or policy of a class to which this chapter applies, except in accordance with the rate and supplementary rate information filings that are in effect for the insurer.
(F) The Department of Insurance shall develop a uniform statement or format for requesting the information specified in subsection (B) of this section. Such statement or format shall be utilized by all insurers for all rate filings.
(G) For insurance as defined by the laws of this State any authorized insurer that does not rely on prospective loss costs or supplementary rate information filed by a rate service organization shall comply with the filing provision of Section 56-8-150 as if competition was not an effective regulator of rates.
Section 56-8-100. Notwithstanding any other provision of this chapter, if an insurer or its agent provides a written quotation for insurance to an insured or applicant for insurance and the rate filing in effect for the insurer results in a premium increase of ten percent or more over the quoted premium, the insured or applicant may, within fifteen days of written notification of the increase by the insurer or its agent, request cancellation of the contract or policy. The insurer shall, upon receipt of such request, cancel the contract or policy calculating the earned premium pro rata using the premium originally quoted by the insurer or its agent. Nothing in this section shall apply to any increase in premium which is the result of incorrect information furnished by the insured, or applicant or information omitted by the insured or applicant.
Section 56-8-110. Each filing and all supplementary rate information filed under this chapter shall be open to public inspection. Copies may be obtained by any person on request and upon payment of a reasonable charge for the copies. Where feasible, the Department of Insurance shall compile and make available to the public the lists of rates charged by insurers for or in connection with the insurance contracts or policies to which this chapter applies so as to inform the public of price competition among insurers.
Section 56-8-120. (A) An insurer shall establish rates and supplementary rate information for any market segment based on the factors in Section 56-8-50. A rate service organization shall establish prospective loss costs and supplementary rate information for any market segment based on the factors in Section 56-8-50. An insurer may use supplementary rate information prepared by a rate service organization and may use prospective loss costs determined by the rate service organization with modification for its own expense and profit. The insurer may modify the prospective loss costs based on its own loss experience as the credibility of that loss experience allows.
(B) An insurer may discharge its obligation to file supplementary rate information under Section 56-8-90(A) by giving notice to the Department of Insurance that it uses supplementary rate information prepared and filed with the Department of Insurance by a designated rate service organization of which it is a member, subscriber, or service purchaser. The Department of Insurance may by order require an insurer to provide information in addition to that filed by the rate service organization. The insurer's supplementary rate information shall be that filed from time to time by the rate service organization, including any amendments to the supplementary rate information, subject to modifications filed by the insurer.
(C) Every insurer shall adhere to the uniform classification system, uniform experience rating plan, and uniform statistical plan approved by the Department of Insurance in the provision of insurance defined by the laws of this State. An insurer my develop subclassifications of the uniform classification system upon which rates for insurance defined by the laws of this State may be made; however, such subclassification must first be filed with and approved by the Department of Insurance. An insurer filing such subclassifications must certify to the Department of Insurance that the data it produces can be reported in a manner consistent with the uniform statistical plan and uniform classification system of its designated rate service organization.
Section 56-8-130. The Department of Insurance may investigate and determine, (i) upon its own motion, (ii) at the request of any citizen or any interested party in this State, or (iii) at the request of any insurer subject to this chapter, whether rates in this State for the classes of insurance to which this chapter applies are excessive, inadequate or unfairly discriminatory or whether loss experience and other factors within the State are being properly used to determine the rates. In any such investigation and determination the Department of Insurance shall give separate consideration to those factors in the manner specified in Section 56-8-50.
Section 56-8-140. (A) If the Department of Insurance finds, after providing notice and opportunity to be heard, that a rate is not in compliance with Section 56-8-50, or is in violation of Section 56-8-200, the Department of Insurance shall order that the use of the rate be discontinued for any policy issued or renewed after a date specified in the order. The order may provide for rate modifications. The order may also provide for refund of the excessive portion of premiums collected (i) during a period not exceeding one year before the date of any request or motion for review made pursuant to Section 56-8-130 and (ii) during all periods subsequent to any such request or motion until the date of the order. If a refund is ordered, the order may provide for the payment of interest thereon at a rate set by the Department of Insurance. Except as provided in subsection (B) of this section, the order shall be issued within thirty days after the close of the hearing or within another reasonable time extension fixed by the Department of Insurance.
(B) Pending a hearing, the Department of Insurance may order the suspension prospectively of a rate filed by an insurer and reimpose the last previous rate in effect if the Department of Insurance has reasonable cause to believe that: (i) a reasonable degree of competition does not exist in the area with respect to the classification to which the rate applies, (ii) the filed rate will have the effect of destroying competition or creating a monopoly, (iii) use of the rate will endanger the solvency of the insurer, or (iv) South Carolina loss experience and other factors specifically applicable to the State have not been properly used to determine the rates. If the Department of Insurance suspends a rate under this provision, it shall hold a hearing within fifteen business days after issuing the order suspending the rate unless the right to a hearing is waived by the insurer. In addition, the Department of Insurance shall make its determination and issue its order as to whether the rate shall be disapproved within fifteen business days after the close of the hearing.
(C) At any hearing held under the provisions of subsection (A) or (B) of this section, the insurer shall have the burden of justifying the rate in question. All determinations of the Department of Insurance shall be on the basis of findings of fact and conclusions of law. If the Department disapproves a rate, the disapproval shall take effect not less than fifteen days after its order and the last previous rate in effect for the insurer shall be reimposed for a period of one year unless the Department of Insurance approves a substitute or interim rate under the provisions of subsection (D) or (E) of this section.
(D) For one year after the effective date of a disapproval order, no rate promulgated to replace a rate disapproved under the order may be used until it has been filed with the Department of Insurance and not disapproved within sixty days after filing.
(E) Whenever an insurer has no legally effective rates as a result of the Department of Insurance's disapproval of rates or other act, the Department of Insurance shall, on the insurer's request, specify interim rates for the insurer that are high enough to protect the interests of all parties. The Department of Insurance may order that a specified portion of the premiums be placed in an escrow account approved by it. When new rates become legally effective, the Department of Insurance shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis shall not be required.
Section 56-8-150. (A) The Department of Insurance may by order require that a particular insurer file any or all of its rates and supplementary rate information thirty days before their effective date, if the Department of Insurance finds, after providing notice and opportunity to be heard, that the protection of the interests of the insurer's policyholders and the public in this State requires closer supervision of the insurer's rates because of the insurer's financial condition or repetitive filing of rates that are not in compliance with Section 56-8-50. The Department of Insurance may extend the waiting period of any filing for thirty additional days by written notice to the insurer before the first thirty-day period expires.
(B) The filing shall be approved or disapproved during the waiting period or during its extension. If the filing is not disapproved before the expiration of the waiting period or of its extension, the filing is considered to meet the requirements of this chapter, subject to the possibility of subsequent disapproval under Section 56-8-140.
(C) Any insurer affected by an order entered under subsection (A) of this section may request a rehearing by the Department of Insurance after the expiration of twelve months from the date of the Department of Insurance's former order.
Section 56-8-160. (A) If the Department of Insurance finds in any class, line, or subdivision of insurance, or in any rating class or rating territory or for insurance as defined by the laws of this State that (i) competition is not an effective regulator of the rates charged, (ii) South Carolina loss experience and other factors specifically applicable to the State have not been properly used to determine the rate, (iii) a substantial number of insurers are competing irresponsibly through the rates charged, or (iv) there are widespread violations of this chapter, it shall promulgate a rule requiring that any subsequent changes in the rates or supplementary rate information for that class line, subdivision, rating class or rating territory shall be filed with the Department of Insurance at least sixty days before they become effective. The Department of Insurance may extend the waiting period for thirty additional days by written notice to the filer before the first sixty-day period expires. Upon filing any rate to which this section is applicable, the insurer shall give notice to the Department of Consumer Affairs that such rate has been filed with the Department of Insurance and such insurer shall so certify to the Department of Insurance in its rate filing.
(B) By this rule, the Department of Insurance may require the filing of supporting data for any classes, lines or subdivisions of insurance, or classes of risks or combinations thereof it considers necessary for the proper functioning of the rate monitoring and regulating process.
(C) A rule promulgated under this section shall expire no later than twenty-seven months after issue. The Department of Insurance may renew the rule after a hearing and appropriate findings under this section.
(D) If a filing is not accompanied by the information the Department of Insurance has required under subsection (B) of this section, the Department of Insurance shall within thirty days of the initial filing inform the insurer that the filing is not complete, and the filing is considered to be made when the information is furnished.
(E) If an insurer files for a rate reduction pursuant to a rule promulgated under this section, the Department of Insurance may order the provisional use of the requested rate reduction for such period as the Department of Insurance may require to evaluate the insurer's rate filing and supplementary rate information. The implementation of such a provisional rate reduction shall not relieve an insurer of its obligation to submit such information as considered necessary by the Department of Insurance for its consideration of the rate filing, nor shall it interfere with the Department of Insurance's authority to suspend use of the provisional rate, reimpose the previous rate, consider and approve a revised rate request, or otherwise exercise its authority under Section 56-8-140.
(F) Each insurer shall so certify in a rate filing if coverage to which the rate filing applies is reinsured by another company (i) under common management, (ii) under common controlling ownership, or (iii) under other common effective legal control as defined by the laws of this State.
Section 56-8-170. (A) No prospective loss costs or supplementary rate information for insurance as defined by the laws of this State shall be applied or be used in this State until it has been approved by the Department of Insurance.
(B) Prospective loss costs and supplementary rate information filed under this section is considered to meet the requirements of this chapter and may be applied or used unless disapproved by the Department of Insurance within sixty days of the time that the filing was made. The Department of Insurance may extend the waiting period for an additional thirty days by written notice to the filer before the sixty-day period expires.
(C) If a filing is not accompanied by the information necessary for the Department of Insurance to determine if the requirements of Section 56-8-50 are satisfied, the Department of Insurance shall so inform the filer within sixty days of the initial filing, and the filing is considered to be made when the necessary information is furnished.
(D) The provisions of subsection (B) of this section shall be suspended when the Department of Insurance has ordered a hearing to be held. The provision of Section 56-12-100 pertaining to public notice, hearings, and approvals shall apply to filings made under this section.
(E) Upon making a filing under this section, the filer shall give notice to the Department of Consumer Affairs that such a filing has been made and shall certify to the Department of Insurance that such a notice has been given.
(F) Once a filing has been approved under this section, an insurer may use the information in such filing pursuant to the provisions of Sections 56-8-90 and 56-8-120.
Section 56-8-180. (A) No rate service organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall use the service of a rate service organization for such purposes unless the rate service organization has obtained a license under Section 56-8-190.
(B) No rate service organization shall refuse to supply any services for which it is licensed in this State to any insurer authorized to do business in this State and offering to pay the fair and usual compensation for the services.
(C) Any rate service organization subject to this chapter may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements, other evidences of insurance, or evidences of the cancellation of insurance, and may make reasonable rules governing their submission and the correction of any errors or omissions in them. This provision applies to the classes of insurance for which the rate service organization is licensed pursuant to Section 56-8-190.
(D) A rate service organization may develop a uniform policy and a uniform (i) statistical plans, (ii) experience rating plans, and (iii) classification systems for use by its members in the provision of insurance defined in the laws of this State and the reporting of the experience of this line of insurance. Each rate service organization may also develop manual rules for the recording and reporting of uniform plans, systems, and rules shall be filed with the Commission by the rate service organization and be approved before their use by members of the rate service organization.
(E) No insurer shall be required to become a member or subscriber to any rate service organization.
Section 56-8-190. (A) A rate service organization applying for a license as required by Section 56-8-180 shall include with its application:
(1) a copy of its constitution, charter, articles of organization, agreement, association or incorporation, and a copy of its bylaws, plan of operation and any other rules or regulations governing the conduct of its business;
(2) a list of its members and subscribers;
(3) The name and address of one or more residents of this State upon whom notices, process affecting it or orders of the Department of Insurance may be served;
(4) A statement showing its technical qualifications for acting in the capacity for which it seeks a license; and
(5) Any other relevant information and documents that the Department of Insurance may require.
(B) Each organization which has applied for a license under subsection (A) of this section shall promptly notify the Department of Insurance of every material change in the facts or in the documents on which its application was based.
(C) If the Department of Insurance finds that the applicant and the natural persons through whom its acts are competent, trustworthy, and technically qualified to provide the services proposed, and that all requirements of law have been met, the Department of Insurance shall issue a license specifying the authorized activity of the applicant.
(D) Licenses issued under subsection (C) of this section shall remain in effect until the licensee withdraws from the State or until the license is suspended or revoked.
(E) Any amendment to a document filed under item (1) of subsection (A) of this section shall be filed promptly after it becomes effective. Failure to comply with this subsection shall be a ground for revocation of the license granted under subsection (C) of this section.
Section 56-8-200. (A) Each group, association or other organization of insurers that engages in joint underwriting or joint reinsurance for a class of insurance to which this chapter applies shall file with the Department of Insurance (i) a copy of its constitution, articles of incorporation, agreement or association, and of its bylaws, rules and regulations governing its activities, all duly certified by the custodian of the originals of the copies, (ii) a list of its members, and (iii) the name and address of a resident of this State upon whom notices or order of the Department of Insurance may be served.
(B) Each such organization of insurers shall notify the Department of Insurance promptly of every change in the information required to be filed by subsection (A) of this section.
(C) Each group, association or other organization of insurers that engages in joint underwriting for a class of insurance to which this chapter applies shall be subject to this chapter. Each such organization of insurers that engages in joint reinsurance for a class of insurance to which this chapter applies shall be subject to Sections 56-8-340, 56-8-350, and 56-8-360.
(D) If, after providing notice and opportunity to be heard, the Department of Insurance finds that any activity or practice of any such organization of insurers is unfair, unreasonable or otherwise inconsistent with this chapter, it shall issue a written order (i) specifying in what respect the activity or practice is unfair, unreasonable or otherwise inconsistent with this chapter, and (ii) requiring the discontinuance of the activity or practice.
Section 56-8-210. (A) As used in this section, the word `insurer' includes two or more insurers (i) under common management, (ii) under common controlling ownership or (iii) under other common effective legal control and in fact engaged in joint or cooperative underwriting investment management, marketing, servicing or administration of their business and affairs as insurers.
(B) No insurer or rate service organization shall:
(1) combine or conspire with any other person to monopolize or attempt to monopolize the business of insurance or any kind, subdivision or class of insurance;
(2) agree with any other insurer or rate service organization to charge or adhere to any rate, although insurers and rate service organizations may continue to exchange statistical information;
(3) make any agreement with any other insurer, rate service organization or other person to restrain trade unreasonably;
(4) make any agreement with any other insurer, rate service organization or other person that may substantially lessen competition in any kind, subdivision, or class of insurance; or
(5) make any agreement with any other insurer or rate service organization to refuse to deal with any person in connection with the sale of insurance.
(C) No insurer may acquire or retain any capital stock or assets of, or have any common management with, any other insurer if such acquisition, retention or common management substantially lessens competition in the business of insurance or any kind, subdivision of class thereof.
(D) No rate service organization, or any of its members or subscribers, shall interfere with the right of any insurer to ask its rates independently of the rate service organization.
(E) No rate service organization shall have or adopt any rule, exact any agreement, or engage in any program that would require any member, subscriber or other insurer to utilize some or all of its services, or to adhere to its rates, rating plans, rating systems, underwriting rules, or policy forms, or to prevent any insurer from acting independently. Notwithstanding the foregoing, with respect to insurance defined in the laws of this State, a rate service organization may develop uniform (i) policies, (ii) classification system, (iii) statistical plans, (iv) experience rating plans, and (v) manual rules which shall be adhered to by its members.
Section 56-8-220. (A)(1) Whenever it appears to the Attorney General, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice prohibited by Section 56-8-210, the Attorney General may, consistent with his powers and duties to enforce the laws of this State prohibiting conduct that unreasonably restrains trade, after notice to the Department of Insurance:
(a) either require or permit such person to file with him a statement in writing or otherwise, under oath, as to all facts and circumstances concerning the subject matter;
(b) require such other data and information as he may consider relevant to the subject matter of an investigation of a possible violation of Section 56-8-210; and
(c) issue an investigative demand to witnesses by which he may (i) compel the attendance of such witnesses; (ii) examine such witnesses under oath before himself of the Department of Insurance; (iii) subject to subsection (B) of this Section, require the production of any documents or things that he considers relevant or material to the inquiry; and (iv) issue written interrogatories to be answered by the witness served or, if the witness served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the witness.
(2) The investigative powers authorized shall not abate or terminate by reason of any action or proceeding brought by the Attorney General or the Department of Insurance under this title. When a document or thing is demanded by an investigative demand, that demand shall not (i) contain any requirement that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this State; or (ii) require the disclosure of any document or thing that would be privileged, or production of which for any other reason would not be required by a subpoena duces tecum issued by a court of this State.
(B) Where the information requested pursuant to an investigative demand may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, or from a compilation, abstract, or summary based therein, and the burden of deriving or ascertaining the answer is substantially the same for the Attorney General as for the party from whom such information is requested, it shall be sufficient for that party to specify the records from which the answer may be derived or ascertained and to afford the Attorney General, or other individuals properly designated by the Attorney General, reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. The Attorney General is authorized, and may so elect, to require the production pursuant to this section, of documents or things before or after the taking of any testimony of the person summoned pursuant to an investigative demand in which event, those documents or things shall be made available to inspection and copying during normal business hours at the principal place of business of the person served, or at such other time and place as may be agreed upon by the person served and the Attorney General.
(C) Any investigative demand issued by the Attorney General under this section shall contain (i) a citation to this statute and section, (ii) a citation to the statute and section pertaining to the alleged violation under investigation, (iii) the subject matter of the investigation, and (iv) the date, place, and time the person is required to appear to produce testimony or documentary material in his possession, custody or control. Such date shall not be less than twenty days from the date of the investigative demand. Where documentary material is required to be produced, it shall be described by class so as to clearly indicate the material demanded.
(D) Service of an investigative demand as provided in this section may be made by:
(1) delivery of a duly executed copy thereof to the person served or, if a person is not a natural person, to the principal place of business of the person to be served; or
(2) mailing by certified mail, return receipt requested a duly executed copy thereof addressed to the person to be served at his principal place of business in this State, or if that person has no place of business in this State, to his principal office.
(E) Within twenty days after the service of any such demand upon any person or enterprise, or at any time before the return date specified in the demand, whichever period is shorter, such party may file with the Department of Insurance and serve upon the Attorney General a petition for an order of the Department of Insurance modifying or setting aside such demand. The time allowed for compliance with the demand, in whole or in part as considered proper and ordered by the Department of Insurance, shall not run during the pendency of such petition in the Department of Insurance. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provision of this section or upon any constitutional or other legal right or privilege of such party. The provisions of this subsection shall be the exclusive means for a witness summoned pursuant to an investigative demand under this section to challenge an investigative demand issued pursuant to subsection (A) of this section.
(F) The examination of all witnesses under this section shall be conducted by the Attorney General, or his designee, before an officer authorized to administer oaths in this State. The testimony shall be taken stenographically or by a sound-recording device and shall be transcribed.
(G) Any person required to testify or to submit documentary evidence shall be entitled, on payment of lawfully prescribed cost, to procure a copy of any document produced by such person and of his own testimony as stenographically reported or, in the case of depositions, as reduced to writing by or under the direction of a person taking the deposition. Any party compelled to testify or to produce documents or things may be accompanied and advised by counsel, but counsel may not, as a matter of right, otherwise participate in the investigation.
(H) All persons served with an investigative demand by the Attorney General under this section, other than any person or persons whose conduct or practices are being investigated or any officer, director, or person in the employ of such person under investigation, shall be paid the same fees and mileage as paid witnesses in the courts of this State. No person shall be excused from attending such inquiry pursuant to the mandate of an investigative demand, from producing a document or thing, or from being examined or required to answer questions, on the ground of failure to tender or pay a witness fee or mileage, unless a demand therefor is made at the time testimony is about to be taken and is made as a condition precedent to offering such production or testimony and unless payment is not made.
(I) Any natural person who neglects or refuses (i) to attend and testify, (ii) to answer any lawful inquiry, or (iii) to produce documents or things, if in his power to do so, in obedience of an investigative demand or lawful request of the Attorney General or those properly authorized by the Attorney General, pursuant to this section, shall be subject to the penalty provisions of the laws of this State. Any natural person who commits perjury, false swearing, or contempt in answering or failing to answer, or in producing a document or thing or failing to do so in accordance with an investigative demand or lawful request by the Attorney General, pursuant to this section, shall be guilty of a misdemeanor and upon conviction therefor by a court of competent jurisdiction shall be punished by a fine or not more than $5,000 or by imprisonment in jail for not more than one year, or both.
(J) In any investigation brought by the Attorney General pursuant to his chapter, no individual shall be excused from attending, testifying or producing documentary material, objects, or intangible things in obedience to an investigative demand or under order of the Department of Insurance on the ground that the testimony, document, or thing required of him may tend to incriminate him or subject him to any penalty. No testimony or other information compelled either by the Attorney General or under order of the Department of Insurance or a court or any information directly or indirectly derived from such testimony or other information may be used against the individual or witness in any criminal case. However, he may be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing any document or thing or failing to do so in accordance with the demand of the Attorney General or the Department of Insurance. If an individual refuses to testify or produce any document or thing after being granted immunity from criminal prosecution and after being ordered to testify or produce any document or thing as authorized by this section, he may be found to be in civil contempt by a court of competent jurisdiction and incarcerated until such time as he purges himself of contempt by testifying, producing such document or thing, or presenting a written statement as ordered. Such finding of contempt shall not prevent the Attorney General from instituting other appropriate contempt proceedings against any person who violates any of the provisions of this section.
(K) It shall be the duty of all public, State, and local officials, their employees, and all other persons to render and furnish to the Attorney General or his designee, when so requested, all information and assistance in their possession or within their power. Any officer participating in such inquiry and any person examined as a witness upon such inquiry who discloses to any person other than the Attorney General the name of any witness examined or any other information obtained upon such inquiry, except as so directed by the Attorney General, shall be guilty of a misdemeanor and subject to the sanctions prescribed in subsection (I) of this section. Such inquiry may upon written authorization by the Attorney General be made public.
(L) The Attorney General may recommend rules and regulations to implement and carry out the provisions of this section. All such rules and regulations shall be subject to the approval of the Department of Insurance.
(M) It shall be the duty of the Attorney General, or his designees, to maintain the secrecy of all evidence, testimony, documents, or other results of such investigations until formal proceedings are instituted. Violation of this subsection shall be punishable pursuant to the laws of this State. Nothing contained in this section shall be construed to prevent the disclosure of any such investigative evidence by the Attorney General in his discretion to the Director of Insurance, the Department of Insurance, or to any federal or state law enforcement authority that has restrictions governing confidentiality similar to those contained in this subsection.
Section 56-8-230. (A) Notwithstanding the provisions of the laws of this State, any insurer, rate service organization or other person who knowingly or willfully violates any provision of Section 56-8-210 shall be punished for each such violation by a penalty of not more than $100,000 and may be subject to suspension or revocation of any license issued by the Department of Insurance.
(B) Any person threatened with injury or damage to his business or property by reason of a violation of Section 56-8-210 may petition the Department of Insurance for injunctive relief pursuant to the laws of this State.
(C) The Department of Insurance may require an insurer, rate service organization, or other person to make restitution in the amount of the direct actual financial loss, including any costs associated with bringing such a matter before the Department of Insurance and reasonable attorney's fees, to (i) the State, a political subdivision thereof, or any public agency injured in its business or property or (ii) any person injured in his business or property by reason of a violation of Section 56-8-210. If the Department of Insurance finds that the violation is willful or flagrant, it may increase the restitution payment to an amount not in excess of three times the actual damages sustained.
Section 56-8-240. Any person injured in his business or property by reason of any violation of Section 56-8-210 may maintain an action to enjoin the violation.
Section 56-8-250. (A) Nothing in this chapter shall prohibit the making of agreements among insurers for the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure it through ordinary methods. Insurers may agree among themselves on the use of reasonable rate modifications for such insurance. These agreements and rate modifications shall be subject to the approval of the Department of Insurance.
(B) The Department of Insurance may approve policy forms and endorsements for use by such insurers with respect to insurance afforded such applicants.
Section 56-8-260. (A) The Department of Insurance may promulgate reasonable rules and statistical plans for each of the rating systems on file with it, which may be modified from time to time. These rules and plans shall be used by each insurer in the recording and reporting of its loss and countrywide expense experience so that the experience of all insurers may be made available, at least annually, in the form and detail necessary to aid the Department of Insurance in determining whether rating systems comply with the standards set forth in Section 56-8-50. The rules and plans may also provide for the recording and reporting of expense experience items that are specially applicable to this State and cannot be determined by prorating the countrywide experience.
(B) In promulgating the rules and plans the Department of Insurance shall give due consideration (i) to the rating systems on file with it and (ii) to the rules and to the form of the plans used for rating systems in other states so that the rules and plans may be as uniform as is practicable among the several states.
(C) The Department of Insurance may designate one or more rate service organizations or other agencies to assist it in gathering the experience data and making compilation of it. These compilations shall be made available, subject to reasonable rules promulgated by the Department of Insurance, to insurers and rate service organizations. Any rate service organization designated by the Department of Insurance shall retain the experience data and compilations of the experience data in the format and detail required by the applicable statistical plan and shall submit this information to the Department of Insurance upon request.
(D) Every rate service organization that has uniform (i) statistical plan, (ii) classification systems, (iii) experience rating plans, and (iv) manual rules filed and approved in accordance with the provision of Section 56-8-180(D) shall gather and compile the experience data of its members for insurance as defined in the laws of this State. Each member insurer shall adhere to such uniform plans, systems, and rules of its designated rate service organization in the recording of its experience and the reporting of such information to the rate service organization. Each rate service organization that gathers and compiles information pursuant to this subsection shall be subject to the provisions of subsection (C) as to the availability, retention, and filing of the experience data of its members.
Section 56-8-270. To promote uniform administration of rate regulatory laws, the Department of Insurance and each insurer and each rate service organization subject to this chapter may (i) exchange information and experience data with insurance supervisory officials, insurers, and rate service organizations in other states and (ii) consult with them regarding rate making and the application of rating schedules and rating plans. Reasonable rules and plans may be promulgated by the Department of Insurance for the interchange of date necessary for the application of rating plans.
Section 56-8-280. Subject to the Department of Insurance's approval, a rate in excess of that provided by an applicable filing may be used for a specific risk upon the filing of (i) written application of the insurer stating its reasons for the increased rate and (ii) the written consent of the insured or prospective insured.
Section 56-8-290. The Department of Insurance may approve for use in this State policies or forms for writing at divisible or indivisible rates and premiums any combination of the classes of insurance set forth in of Section 56-8-30(A), except insurance on or with respect to operating properties of railroad. The rates and premium for combination policies whether divisible or indivisible, shall be subject to this chapter.
Section 56-8-300. No rate service organization subject to this chapter shall adopt any rule prohibiting or regulating the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers.
Section 56-8-310. Each rate service organization and each insurer subject to this chapter shall provide within this State reasonable means for any person aggrieved by the application of its rating system to be heard in person or by an authorized representative on his written request. Any person who makes the written request shall be entitled to review the manner in which the rating system has been applied to the insurance afforded him. If the rate service organization or insurer fails to grant or reject the request within thirty days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any person affected by the action of the rate service organization or the insurer on the request may, within thirty days after written notice of the action, appeal to the Department of Insurance. The Department of Insurance may affirm or reverse the action after a hearing held upon not less than ten days' written notice to the applicant and to the rate service organization or insurer.
Section 56-8-320. Cooperation among rate service organizations or among rate service organizations and insurers in rate making or in other matters within the scope of this chapter is hereby authorized if the filings resulting from such cooperation are subject to all the provisions of this chapter applying to filings generally. The Department of Insurance may review such cooperative activities and practices. If, after providing notice and opportunity to be heard, it finds that any cooperative activity or practice is unfair, unreasonable, or otherwise inconsistent with this chapter, the Department of Insurance shall issue a written order specifying in what respects the cooperative activity or practice is unfair, unreasonable or otherwise inconsistent with this chapter, and (ii) requiring the discontinuance of the cooperative activity or practice.
Section 56-8-330. (A) Whenever the Department of Insurance considers it necessary to be informed about any matter related to the enforcement of the insurance laws, it may examine the affairs and condition of any rate service organization under Section 56-8-180(A) and of any joint underwriting or joint reinsurance organization under Section 56-8-200.
(B) So far as reasonably necessary for any examination under subsection (A) of this section, the Department of Insurance may examine the accounts, records, documents or evidence of transactions, so far as they relate to the examinee, of any (i) officer, (ii) manager, (iii) general agent, (iv) employee, (v) person who has executive authority over or is in charge of any segment of the examinee's affairs, (vi) person controlling or having a contract under which has the right to control the examinee whether exclusively or with others, (vii) person who is under the control of the examinee, or (viii) person who is under the control of a person who controls or has a right to control the examinee whether exclusively or with others.
(C) On demand every examinee under subsection (A) of this section shall make available to the Department of Insurance for examination any of its own accounts, records, documents or evidences of transactions and any of those of the persons listed in subsection (B) of this section.
(D) The Department of Insurance may examine every licensed rate service organization at intervals established by the Department of Insurance.
(E)(1) Instead of all or part of an examination under subsections (A) and (B) of this section, or in addition to it, the Department of Insurance may order an independent audit by certified public accountants or actuarial evaluation by actuaries approved by it of any person subject to the examination requirement. Any accountant or actuary selected shall be subject to standards respecting conflicts of interest used by the Department of Insurance. An audit or evaluation under this subsection shall be subject to subsections (H) through (O) of this section, so far as appropriate.
(2) Instead of all or part of an examination under this section, the Department of Insurance may accept the report of an audit already made by a certified public accountants or actuarial evaluation by actuaries approved by it, or the report of an examination made by the insurance department of another state.
(F) An examination may cover comprehensively all aspects of the examinee's affairs and condition. The Department of Insurance shall determine the exact nature and scope of each examination, and in doing so shall take into account all relevant factors, including but not limited to (i) the length of time the examinee has been operating, (ii) the length of time it has been licensed in this State, (iii) the nature of the services provided, (iv) the nature of the accounting records available and (v) the nature of examination performed elsewhere.
(G) For each examination under this section, the Department of Insurance shall issue an order stating the scope of the examination and designating the examiner in charge. On demand a copy of the order shall be exhibited to the examinee.
(H) Any examiner authorized by the Department of Insurance shall, so far as necessary for the purposes of the examination, have access at all reasonable hours to the premises and to any books, records, files, securities, documents or property of the examinee and to those of persons under subsection (B) of this section so far as they relate to the affairs of the examinee.
(I) The officers, employees and agents of the examinee and of persons under subsection (B) of this section shall comply with every reasonable request of the examiners for assistance in any matter relating to the examination. No person shall obstruct or interfere with the examination in any way other than by legal process.
(J) If the Department of Insurance finds the accounts or records to be inadequate for proper examination of the condition and affairs of the examinee or improperly kept or posted, it may employ experts to rewrite, post or balance them at the expense of the examinee.
(K) The examiner in charge of an examination shall make a proposed report of the examination that shall include the information and analysis as is ordered in subsection (H) of this section, together with the examiner's recommendations. At the discretion of the examiner in charge, preparation of the proposed report may include conferences with the examinee or its representatives. The proposed report shall remain confidential until filed under subsection (L) of this section.
(L) The Department of Insurance shall serve a copy of the proposed report upon the examinee. Within twenty days after service, the examinee may serve upon the Department of Insurance a written demand or a hearing on the contents of the report. If a hearing is demanded the Department of Insurance shall give notice and hold a hearing, and on demand by the examinee the hearing shall be informal and private. The Department of Insurance shall adopt the report with any necessary modifications and file it for public inspection, or it may order a new examination within either (i) sixty days after the hearing or (ii) if no hearing is demanded, sixty days after the last day on which the examinee might have demanded a hearing.
(M) The Department of Insurance shall forward a copy of the examination report to the examinee immediately upon adoption, except that if the proposed report is adopted without change, the Department of Insurance need only so notify the examinee.
(N) The examinee shall furnish copies of the adopted report to each member of its board of directors or their governing board.
(O) The Department of Insurance may furnish, without cost or at a price to be determined by it, a copy of the adopted report to the insurance commissioner of any jurisdiction in which the examinee is licensed and to any other interest person in this State or elsewhere.
(P) In any proceeding by or against the examinee of any officer of agent of the examinee, the examination report as adopted by the Department of Insurance shall be admissible as evidence of the facts stated in the examination report. In any proceeding by or against the examinee the facts asserted in any report properly admitted in evidence shall be presumed to be true in the absence of contrary evidence.
(Q) The reasonable costs of an examination under this section shall be paid by the examinee except as provided in subsection (T) of this section. The costs shall include the salary and expenses of each examiner and any other expenses directly apportioned to the examination.
(R) The amount payable under subsection (Q) of this section shall become due ten days after the examinee has been served a detailed account of the costs.
(S) The Department of Insurance may require any examinee, before or during an examination, to deposit with the State Treasurer any deposits the Department of Insurance considers necessary to pay the cost of the examination. Any deposit and any payment made under subsections (Q) and (R) of this section shall be credited to the special fund of the Department of Insurance.
(T) On the examinee's request or on its own motion, the Department of Insurance may pay all or part of the costs of an examination whenever it finds that, because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee. The Department of Insurance shall include in its annual report information about any instance in which it applied this subsection.
(U) Deposits and payments under subsections (Q) through (T) of this section shall not be considered to be a tax or license fee within the meaning of any law. If any other state charges a per diem fee for examination of examinees domiciled in this State, any examinee domiciled in that other state shall pay the same fee when examined by the Department of Insurance.
Section 56-8-340. (A) Any person aggrieved by an order or a decision of the Department of Insurance made under this chapter without a hearing may, within thirty days after notice of the order or decision, make a written request to the Department of Insurance for a hearing on that order or decision. Within a reasonable time after the request the Department of Insurance, after having given not less than ten days' written notice of the time and place of hearing, shall hear the person aggrieved by the order or decision. Within a reasonable time after the hearing the Department of Insurance shall affirm, reverse or modify its previous action, specifying its reasons for the affirmation, reversal or modification.
(B) Pending the hearing and decision on its previous action, the Department of Insurance may suspend or postpone the effective date of the order or decision to which the hearing relates.
Section 56-8-350. No person shall willfully withhold information from or knowingly give false or misleading information to (i) the Department of Insurance, (ii) any statistical agency designated by the Department of Insurance, (iii) any rate service organization or (iv) any insurer, if that information will affect the rates or premiums subject to this chapter.
Section 56-8-360. The issuance, procurement or negotiation of a single policy of insurance is considered a separate violation.
SECTION 4. Title 56 of the 1976 Code is amended by adding:
Section 56-12-10. (A) The purposes of this chapter are to protect policyholders and the public against the adverse effects of excessive, inadequate, or unfairly discriminatory insurance rates, and to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this chapter. Nothing in this chapter is intended to (i) prohibit or discourage reasonable competition, or (ii) prohibit or encourage uniformity in insurance rates, rating systems and rating plans or practices, except to the extent necessary to accomplish the purposes mentioned above.
(B) This chapter shall be liberally interpreted to effect the purposes of this chapter.
Section 56-12-20. As used in this chapter:
`Pool' means an arrangement, either voluntary or mandated by law, established on an on-going basis, pursuant to which two or more insurers participate in the sharing of risks on a predetermined basis, which arrangement may operate through an association, syndicate, or other pool arrangement.
`Residual market mechanism' means an arrangement, either voluntary or mandated by law, involving participation by insurers in equitable apportionment among themselves of insurance which may be afforded applicants who are unable to obtain insurance through ordinary methods including any filed and approved plans.
`South Carolina Auto Insurance Plan' means that organization established for assigned risks pursuant to the provisions of Section 56-4-860.
Section 56-12-30. This chapter applies only to (i) the coverages provided in the South Carolina Automobile Insurance Plan, and (ii) uninsured motorist coverage as required by Section 56-2-310(A).
Section 56-12-40. (A)(1) Each group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance for the insurance to which this chapter applies shall file with the Department of Insurance (i) a copy of its constitution, its articles or incorporation, agreement or association, and a copy of its bylaws, rules and regulations governing its activities, all duly certified by the custodian of the originals of the copies, (ii) a list of its members, and (iii) the name and address of a resident of this State upon whom notices or orders of the Department of Insurance or process may be served.
(2) Each such organization of insurers shall notify the Department of Insurance promptly of every change in the information required to be filed by this subsection.
(3) This subsection shall not apply to the South Carolina Automobile Insurance Plan.
(B) Each group, association or other organization of insurers that engages in joint underwriting for the insurance to which this chapter applies shall be subject to this chapter. Each such organization of insurers that engages in joint reinsurance for the insurance to which this chapter applies shall be subject to Section 56-12-280.
(C) If, after providing notice and opportunity to be heard, the Department of Insurance finds any activity or practice of any such organization of insurers to be unfair, unreasonable or otherwise inconsistent with this chapter, it shall issue a written order (i) specifying in what respect the activity or practice is unfair, unreasonable or otherwise inconsistent with this chapter, and (ii) requiring the discontinuance of the activity or practice.
Section 56-12-50. Notwithstanding any other provision of law, insurers and rate service organizations participating in joint reinsurance pools organized for the purpose of establishing a residual market mechanism may, in connection with such purpose, act in cooperation with each other in the making or rates, rating systems, policy forms, underwriting rules, surveys, inspections, investigations, the furnishing of statistical or other information on losses and expenses, or the conduct of research.
Section 56-12-60. (A) Each insurer writing in this State a class of insurance to which this chapter applies shall file with the Department of Insurance every manual of classifications, minimum rate, class rate, rating schedule, rating plan, rating rule, and every modification of any of the foregoing that it proposes to use. Every filing shall indicate the character and extent of coverage contemplated. When a filing is not accompanied by the information upon which the insurer supports the filing;, and the Department of Insurance does not have sufficient information to determine whether the filing meets the requirements of this chapter, the Department of Insurance may require the insurer to furnish the information upon which it supports the filing. A filing and any supporting information shall be a public record. Upon filing any rate to which this chapter is applicable, the insurer shall give notice to the Department of Consumer Affairs that such rate has been filed with the Department of Insurance and such insurer shall so certify to the Department of Insurance in its rate filing. For the purposes of this section, a group or fleet of insurers operating under the same general management may be considered an insurer.
(B) Each insurer shall submit with each rate filing so much of the following information as considered appropriate by the Department of Insurance:
(1) number of exposures;
(2) direct premiums written;
(3) direct premiums earned;
(4) direct losses paid identified by such period as the Department of Insurance may require;
(5) number of claims paid;
(6) direct losses incurred during the year, direct losses incurred during the year which occurred and were paid during the year, and direct losses incurred during the year which were reported during the year but were not yet paid; during the year which were reported during the but were not yet paid;
(7) any loss development factor used and supporting data thereon;
(8)number of claims unpaid;
(9) loss adjustment expenses paid identified by such period as the Department of Insurance may require;
(10) loss adjustment expense incurred during the year, loss adjustment expenses incurred during the year for losses which occurred and were paid during the year, and loss adjustment expenses incurred during the year for losses which were reported during the year but were not yet paid;
(11) other expenses incurred, separately by category of expense, excluding loss adjustment expenses;
(12) investment income on assets related to reserve and allocated surplus accounts;
(13) total return on allocated surplus;
(14) any loss trend factor used and supporting data thereon;
(15) any expense trend factor used and supporting date thereon; and
(16) such other information as may be required by rule of the Department of Insurance, including statewide rate information presented separately for South Carolina and each state wherein the insurer writes the line, subline or rating classification for which the rate filing is made and which the Department of Insurance considers necessary for its consideration.
(C) Where actual experience does not exist or is not credible, the Department of Insurance may allow the use of estimates for the information required by items (1) through (1)5 of subsection (B) of this section and may require the insurer to submit such information as the Department of Insurance considers necessary to support such estimates.
(D) The Department of Insurance shall develop uniform statements of formats specifying the information categories specified in this section. Such statements or formats shall be utilized by all insurers in all rate filings.
Section 56-12-70. An insurer may satisfy its obligation to make the rate filings required in Section 56-12-60 by becoming a member of or a subscriber to a rate service organization that makes such filings and that is licensed pursuant to the laws of this State, and by authorizing the Department of Insurance to accept the filings on its behalf. Filings made by rate service organizations shall meet the requirements of Section 56-12-60. No insurer shall be required to become a member of or a subscriber to any rate service organization.
Section 56-12-80. (A) Rates for the classes of insurance to which this chapter applies shall not be excessive, inadequate or unfairly discriminatory. All rates and all changes and amendments to rates to which this chapter applies for use in this State shall consider loss experience and other factors within South Carolina if relevant and actuarially sound; provided, other data, including countrywide, regional or other state date, may be considered where such data is relevant and where a sound actuarial basis exists for considering data other than South Carolina-specific date.
(B)(1) In making rates for the classes of insurance to which this chapter applies, separate consideration shall be given to (i) past and prospective loss experience within and outside this State, (ii) conflagration or catastrophe hazards, (iii) a reasonable margin for underwriting profit and contingencies, (iv) dividends, saving or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, (v) past and prospective expense both countrywide and those specifically applicable to this State, (vi) investment income earned or realized by insurers from their unearned premium and loss reserve and the Department of Insurance may give separate consideration to investment income earned on surplus funds, (vii) the loss reserving practices, standards and procedures utilized by the insurer, and (viii) all other relevant factors within and outside this State. When actual experience or data does not exist, the Department of Insurance may consider estimates.
(2) In the case of fire insurance rates, consideration shall be given to the experience of the fire insurance business during a period of not less than the most recent five-year period for which such experience is available.
(3) In the case of uninsured motorist coverage required by Section 56-2-310(A), consideration shall be given to all sums distributed by the Department of Insurance from the Uninsured Motorist Fund in accordance with the provisions of Section 56-2-580 of this title.
(C) For the classes of insurance to which this chapter applies (i) the systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group for any class of insurance, or for any subdivision, or combination of insurance for which separate expense provisions apply, and (ii) risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans that establish standards for measuring variation in hazards, expense provisions, or both. The standards may measure any difference among risks that cant be demonstrated to have a probable effect upon losses or expense.
(D) All rates, rating schedules or rating plans and every manual of classifications, rules and rates, including every modification thereof, approved by the Department of Insurance under this chapter, shall be used until a change is approved by the Department of Insurance.
Section 56-12-90 (A) Except as provided in Section 56-12-120, no filing shall become effective, be applied, or be used in this State until it has been approved by the Department of Insurance. However, a rate produced in accordance with a rating schedule or rating plan, previously approved by the Department of Insurance, may be used pending the approval.
(B) A filing is considered to meet the requirements of this chapter and to become effective unless disapproved by the Department of Insurance within sixty days of the time that the filing was made. However, the Department of Insurance may extend the waiting period for thirty additional days by written notice to the filer before the sixty-day period expires.
(C) If a filing is not accompanied by the information necessary for the Department of Insurance to determine if the requirements of Section 56-12-80 are satisfied, the Department of Insurance shall so inform the filer within sixty days of the initial filing. The filing is considered to be made when the necessary information is furnished.
(D) The provisions of subsection (B) of this section shall be suspended when the Department of Insurance has ordered a hearing to be held under the provisions of Section 56-12-100.
Section 56-12-100. (A) When a filing has made with the Department of Insurance, the Department of Insurance shall determine whether publication of notice of the filing is necessary. If the Department of Insurance determines that such publication is required, the notice shall be published in the form and for the time prescribed by the Department of Insurance, not to exceed once a week for four consecutive weeks, in a newspaper or newspapers of general circulation published by the State.
(B) Before publication or upon completion of publication, the Department of Insurance shall determine whether a hearing should be held before acting upon the filing. If the Department of Insurance determines that a hearing should be held, its shall order one to be held within a reasonable time, but not less than ten days after issuing the order setting the hearing. The Department of Insurance shall notify the person making the filing and any other person it considers interested in the filing of the hearing.
(C) Upon determination that publication of notice of a filing is unnecessary, upon completion of any required publication when no hearing is ordered, or upon completion of a hearing, the Department of Insurance shall (i)approve the filing as submitted or with any modifications considered appropriate by the Department of Insurance, or (ii) disapprove the filing. If a filing is approved with modifications, or is disapproved, the order of such approval or disapproval shall state the reasons for the decision.
Section 56-12-110. The Department of Insurance may investigate and determine, (i) upon its own motion, (ii) at the request of any citizen of this State, or (iii) at the request of any insurer subject to this chapter, whether rates in this State for the insurance to which this chapter applies are excessive, inadequate or unfairly discriminatory. In accordance with its findings, the Department of Insurance may order changes in the rates that are fair and equitable to all interested parties. In any investigation and determination, the Department of Insurance shall give due consideration to those factors specified in Section 56-12-80(B).
Section 56-12-120. The Department of Insurance, by order, may suspend or modify the filing requirement of this chapter for any kind of insurance or subdivision or combination of insurance, or for classes of risks, where the rates for the insurance cannot practicably be filed before they are used. The order shall be made known to insurers and rate service organizations affected by it. The Department of Insurance may make any examination it considers advisable to determine whether any rates affected by the order meet the standards set out in Section 56-12-80(A).
Section 56-12-130. To promote uniform administration of rate regulatory laws, the Department of Insurance and each insurer and each rate service organization subject to this chapter may (i) exchange information and experience data with insurance supervisory officials, insurers, and rate service organizations in other states, and (ii) consult with them regarding rate making and the application of rating schedules and rating plans. Reasonable rules and plans may be promulgated by the Department of Insurance for the interchange of data necessary for the application of rating plans.
Section 56-12-140. (A) The Department of Insurance may promulgate reasonable rules and statistical plans for each of the rating systems on file with it, which may be modified from time to time. These rules and plans shall be used by each insurer in the recording and reporting of its loss and countrywide expense experience, so that the experience of all insurers may be made available, at least annually, in the form and detail as may be necessary to aid the Department of Insurance in determining whether rating systems comply with the standards set forth in Section 56-12-80(A). The rules and plans may also provide for the recording and reporting of expense experience items that are specially applicable to this State and cannot be determined by prorating the countryside expense experience.
(B) In promulgating the rules and plans, the Department of Insurance shall give due consideration to (i) the rating systems on file with it and (ii)the rules and the form of the plans used for rating systems in other states so that the rules and plans may be as uniform as practicable among the several states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it or on its behalf.
(C) The Department of Insurance may designate one or more rate service organizations or other agencies to assist it in gathering the experience data and making compilations of it. The compilations shall be made available, subject to reasonable rules promulgated by the Department of Insurance, to insurers and rate service organizations.
Section 56-12-150. Subject to the Department of Insurance's approval, a rate in excess of that provided by an applicable filing may be used for a specific risk upon the filing of (i) written application of an insurer stating its reasons for the increased rate, accompanied by (ii) the written consent of the insured or prospective insured.
Section 56-12-160. No insurer shall make or issue an insurance policy or contract to which this chapter applies, except in accordance with the filings that are in effect for that insurer, or in accordance with an applicable provision in Sections 56-12-120 or 56-12-150.
Section 56-12-170. (A) Agreements among insurers may be made for the equitable apportionment among them of insurance that may be afforded applicants who are in good faith entitled to insurance but who are unable to procure it through ordinary methods. Insurers may agree among themselves on the use of reasonable rate modifications for the insurance. The agreements and rate modifications shall be subject to the approval of the Department of Insurance.
(B) The Department of Insurance may require that the agreements contain reasonable performance standards for insurers or agents, or both, with respect to insurance afforded such applicants. The performance standards may contain, but shall not be limited to: (i) original applications, (ii) premium payments, (iii) policy issuance, (iv) policy changes, (v) return premium, (vi) return commission and (vii) administrative procedures for monitoring compliance with the standards.
(C) The Department of Insurance may approve policy forms and endorsements for use by such insurers with respect to insurance afforded such applicants.
Section 56-12-180. Each rate service organization and each insurer subject to this chapter that makes its own rates shall furnish to any insured affected by those rates, or to the authorized representative of the insured, all pertinent information regarding the rate within a reasonable time after receiving a written request for the information.
Section 56-12-190. No rate service organization subject to this chapter shall adopt any rule prohibiting or regulating the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers.
Section 56-12-200. Each rate service organization and each insurer subject to his chapter that makes its own rates shall provide within the State reasonable means whereby any person aggrieved by the application of its rating system may, after written request, be heard in person or by an authorized representative to review the manner in which the rating system has been applied to the insurance afforded him. If the rate service organization or insurer fails to grant or reject the request within thirty days, after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any person affected by the action of the rate service organization or the insurer on such request may, within thirty days after written notice of the action, appeal to the Department of Insurance. The Department of Insurance may affirm or reverse the action after a hearing held upon not less than ten days' written notice to the applicant and to the rate service organization or insurer.
Section 56-12-210. Cooperation among rate service organizations or among rate service organizations and insurers in rate making or in other matters within the scope of this chapter is authorized if the filings resulting from the cooperation are subject to all the provisions of this chapter that are applicable to filings generally. The Department of Insurance may review cooperative activities and practices. If, after providing notice and opportunity to be heard, it finds that any activity or practice is unfair, unreasonable or otherwise inconsistent with this chapter, it shall issue an order (i) specifying in what respects the activity or practice is unfair, unreasonable or otherwise inconsistent with this chapter, and (ii) requiring the discontinuance of the activity or practice.
Section 56-12-220. Any rate service organization subject to this chapter may subscribe for or purchase actuarial, technical or other services if these services are available without discrimination to all members of and subscribers to the rate service organization.
Section 56-12-230. Any rate service organization subject to this chapter for the classes of insurance for which it files rates may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements or other evidences of insurance, or evidences of the cancellation of insurance, and may make reasonable rules governing their submission and the correction of any errors or omissions in them.
Section 56-12-240. For the purpose of this chapter, `advisory organization' means any group, association or other organization of insurers, located within or outside this State, that assists insurers who make their own filings or rate service organizations in rate making, by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but that does not make filings under this chapter for the kind of insurance involved.
Section 56-12-250. Each advisory organization shall file with the Department of Insurance:
(1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation, and of its bylaws, rules and regulations governing its activities;
(2)a list of its members; and
(3)the name and address of a resident of this State upon whom may be served notices or orders of the State or process issued at its direction.
Section 56-12-260. If after a hearing the Department of Insurance finds that the furnishing of information or assistance by any advisory organization involves any act or practice that is unfair, unreasonable or otherwise inconsistent with this chapter, the Department of Insurance may issue a written order (i) specifying in what respects the act or practice is unfair, unreasonable or otherwise inconsistent with this chapter, and (ii) requiring the discontinuance of the act or practice.
Section 56-12-270. No insurer that makes its own filings nor any rate service organization shall support its filing by statistics or adopt rate making recommendations furnished to it by an advisory organization that has not complied with (i) the provisions of this article or (ii) any order of the Department of Insurance entered under Section 56-12-260, involving such statistics or recommendations. If the Department of Insurance finds any insurer or rate service organization to be in violation of this section it may issue an order requiring the discontinuance of the violation.
Section 56-12-280. (A) Any person aggrieved by an order or a decision of the Department of Insurance made under this chapter without a hearing may, within thirty days after notice of the order or decision, make a written request to the Department of Insurance for a hearing on the order or decision. Within a reasonable time after the request the Department of Insurance, after having given at least ten days' written notice of the time and place of hearing, shall hear the person aggrieved by the order or decision. Within a reasonable time after the hearing the Department of Insurance shall affirm, reverse or modify its previous action, specifying its reasons for the affirmation, reversal or modification.
(B) Pending the hearing and decision on its previous action, the Department of Insurance may suspend or postpone the effective date of the order or decision to which the hearing relates.
Section 56-12-290. No person shall willfully withhold information from or knowingly give false or misleading information to (i) the Department of Insurance, (ii) any statistical agency designated by the Department of Insurance, (iii) any rate service organization or (iv) any insurer that will affect the rates or premiums subject to this chapter."
SECTION 5. Articles 1, 3, and 5 of Chapter 77, Title 38 of the 1976 Code, Chapters 9 and 10 of Title 56, and Sections 56-1-610 through 56-1-690 are repealed.
SECTION 6. Except as otherwise specifically provided herein, this act takes effect July 1, 1997.