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Current Status Bill Number:View additional legislative information at the LPITS web site.1265 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000321 Primary Sponsor:Holland All Sponsors:Holland and Short Drafted Document Number:l:\council\bills\skb\18258som00.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Tort claims, civil actions; instance of vehicular collision, liability insurance; cause of action for bad faith; Courts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000321 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 15-78-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A STATE AGENCY OR POLITICAL SUBDIVISION BE NAMED AS PARTY DEFENDANT FOR THE LIABILITY OF AN EMPLOYEE UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT AN EMPLOYEE MAY BE JOINED AS A PARTY DEFENDANT, IN NAME ONLY, IN CERTAIN INSTANCES OF VEHICULAR COLLISIONS WHERE LIABILITY INSURANCE IS CARRIED ON THE PARTICULAR VEHICLE, OR THERE IS AN APPLICABLE UNDERINSURED MOTORIST PROVISION OF AN INSURANCE POLICY, FOR THE PURPOSE OF CLAIMING THE LIABILITY INSURANCE IN ADDITION TO THE LIABILITY PAID BY THE STATE AS PROVIDED IN THIS CHAPTER; AND TO ADD SECTION 15-78-153 TO CHAPTER 78 OF TITLE 15, RELATING TO THE TORT CLAIMS ACT, SO AS TO PROVIDE A CAUSE OF ACTION FOR BAD FAITH IN THE SETTLEMENT OF A CLAIM AGAINST THE INSURANCE COMPANY, CARRIER, OR ADJUSTING FIRM HANDLING CLAIMS FOR A GOVERNMENTAL ENTITY AS PROVIDED IN THIS CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-70(c), as last amended by Act 380 of 1994, is further amended to read:
"(c) (1) Prior to January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section may in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State.
(2) If the individual driving a vehicle is an employee of the State or a political subdivision, who is acting within the scope of his official duties, and whose action does not constitute actual fraud, actual malice, intent to harm, or a crime involving moral turpitude at the time of the vehicle collision which is the subject of a claim under the provisions of this chapter, the name of the employee must be deleted from the action as provided in subsection (c)(1). However, the court may allow the employee to be joined as a party defendant, in name only, for the purpose of claiming the amounts of liability insurance which may have been carried on the vehicle, in addition to the liability paid by the State as provided in this chapter. In addition, this subsection applies to any underinsured motorist provisions of an insurance policy. When judgment is rendered by a jury in a claim described by the provisions of this subsection, the amount must be paid by the insurance carrier directly to the plaintiff."
SECTION 2. Chapter 78, Title 15 of the 1976 Code is amended by adding:
"Section 15-78-153. Where the governmental entity has insured its liability through a licensed insurance company, or carrier, doing business in the State or the United States, or the governmental entity is handling liability claims through an insurance adjusting firm licensed and doing business in the State, the insurance company, carrier, or adjusting firm handling the claim may be held liable for excess claims above the monetary limits provided in this chapter upon a showing that the insurance company, carrier, or adjusting firm exercised bad faith in the settlement of the claim. The injured party may bring a direct action against the insurance company, carrier, or adjusting firm without having an assignment of bad faith from the State."
SECTION 3. This act takes effect upon approval by the Governor.
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