South Carolina General Assembly
107th Session, 1987-1988

Bill 1100


                    Current Status

Bill Number:               1100
Ratification Number:       533
Act Number                 479
Introducing Body:          Senate
Subject:                   Liability of member insurer, etc. 
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A479, R533, S1100)

AN ACT TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-75-460 so AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO EXPAND THE AREA IN WHICH THE ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, TO REQUIRE HIM TO NOTIFY THE GENERAL ASSEMBLY IF HE DOES AND RECOMMEND APPROPRIATE STATUTORY CHANGES WHICH HE BELIEVES NEED TO BE ENACTED TO CHANGE THE DEFINITION OF "COASTAL AREA."

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

Liability of member insurer, etc.

SECTION 1. Article 5, Chapter 75, Title 38 of the 1976 Code is amended by adding:

"Section 38-75-385. There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer, the Association's agents or employees, the board of directors, or the Commissioner or his representatives for any act or omission in the performance of their powers and duties under this article. This section does not relieve the Association of any of its liability."

Definition

SECTION 2. Section 38-75-310(5) of the 1976 Code is amended to read:

"(5) 'Coastal area' means: (a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway; (b) the following areas in Georgetown County: Cedar Island, DeBordieu Beach, Litchfield Beach, South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City; (c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 (Kings Highway); (d) the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway."

Commissioner may expand area

SECTION 3. Article 5, Chapter 75, Title 38 of the 1976 Code is amended by adding:

"Section 38-75-460. The Chief Insurance Commissioner may, by written order, temporarily expand the area in which the Association must provide essential property insurance. The area may not be expanded further inland than east of the west bank of the intracoastal waterway and may not be expanded to cover the area for more than twelve months. If the Commissioner issues an order that expands the area in which the Association provides essential property insurance, he shall notify the General Assembly of that order and he shall recommend to the General Assembly any appropriate statutory changes in the law concerning the definition of 'coastal area' which he believes needs to be enacted."

Time effective

SECTION 4. This act takes effect November 1, 1988.