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AMENDED
May 24, 2006
H. 4622
Introduced by Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler
S. Printed 5/24/06--S.
Read the first time February 28, 2006.
TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-77-350(A) and (B) of the 1976 Code is amended to read:
"(A) The director or his designee shall approve a form which that automobile insurers shall use in offering optional coverages required to be offered pursuant to law to applicants for automobile insurance policies. This form must be used by insurers for all new applicants. The form, at a minimum, must provide for each optional coverage required to be offered:
(1) a brief and concise explanation of the coverage,;
(2) a list of available limits and the range of premiums for the limits,;
(3) a space for the insured to mark whether the insured chooses to accept or reject the coverage and a space for the insured to select state the limits of coverage he the insured desires,;
(4) a space for the insured to sign the form which that acknowledges that he the insured has been offered the optional coverages,;
(5) the mailing address and telephone number of the insurance department which that the applicant may contact if the applicant has any questions that the insurance agent is unable to answer.
(B) If this form is properly completed and executed signed by the named insured, after it has been completed by an insurance producer or a representative of the insurer, it is conclusively presumed that there was an informed, knowing selection of coverage and neither the insurance company nor any an insurance agent has any liability is liable to the named insured or any other another insured under the policy for the insured's failure to purchase any optional coverage or higher limits."
SECTION 2. Section 38-55-75 of the 1976 Code is amended to read:
"Section 38-55-75. The Department of Insurance may receive and shall maintain as confidential any documents or information furnished to the department by the National Association of Insurance Commissioners or insurance departments of other states regulatory officials of any state, federal agency, or foreign countries which is classified as confidential by that association or state. The Department of Insurance may share documents or information, including confidential documents or information, with the National Association of Insurance Commissioners or insurance departments of other states regulatory officials of any state, federal agency, or foreign countries if the association, state, federal agency, or foreign country or other state agrees to maintain the same level of confidentiality as is provided under South Carolina law. Documents or information received or exchanged pursuant to this section are not subject to subpoena or subpoena duces tecum in any civil, criminal, or administrative proceeding."
SECTION 3. Section 38-77-140 of the 1976 Code, as last amended by Act 154 of 1997, is further amended to read:
"Section 38-77-140. (A) No An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon any a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:
(1) fifteen twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person,;
(2) thirty fifty thousand dollars because of bodily injury to two or more persons in any one accident,; and
(3) ten twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
(B) Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
SECTION 4. This act takes effect upon approval by the Governor.
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