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Bill 4610

                    Current Status

Bill Number:                      4610
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020130
Primary Sponsor:                  Keegan
All Sponsors:                     Keegan and Kelley
Drafted Document Number:          l:\council\bills\skb\18168zcw02.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Motor vehicle repairs, insurance 
                                  companies to inform insurer of all options and 
                                  available repair services


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020130  Introduced, read first time,           26 HLCI
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-400 SO AS TO PROHIBIT AUTOMOBILE INSURANCE COMPANIES FROM RECOMMENDING THAT INSURANCE CLAIMANTS OBTAIN MOTOR VEHICLE REPAIR SERVICES FROM PARTICULAR SOURCES WITHOUT INFORMING THEM OF THEIR OPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section    38-77-400.    (A)    Insurers or insurers' representatives may not recommend, either orally or in writing, the use of particular motor vehicle repair service facilities without clearly informing the claimant that:

        (1)    the claimant is under no obligation to use a recommended repair service facility;

        (2)    the claimant may use a repair service facility of the claimant's choice; and

        (3)    the amount determined by the insurer to be payable under the policy will be paid regardless of whether or not the claimant uses a recommended repair service facility.

    (B)    The provisions of subsection (A) of this section must be included in nonfleet individual private passenger automobile insurance policy forms promulgated or mandated by the South Carolina Department of Insurance.

    (C)    A person who violates the provisions of this section shall be subject to the penalties as provided in Section 38-2-10."

SECTION    2.    This act takes effect upon approval by the Governor.

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