South Carolina General Assembly
116th Session, 2005-2006

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Bill 3398


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Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-145 SO AS TO REQUIRE THE RELEASE OF THE EXISTENCE AND AMOUNT OF LIABILITY INSURANCE COVERAGE FROM THE POLICY OWNER OF AN AUTOMOBILE INSURANCE POLICY IF A CLAIMANT REQUESTS THAT INFORMATION IN WRITING; AND TO AMEND SECTION 38-77-140, AS AMENDED, RELATING TO THE MINIMUM LIABILITY LIMITS ON AN AUTOMOBILE INSURANCE POLICY, SO AS TO INCREASE THE MINIMUM LIMITS.

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

SECTION    1.    Article 3, Chapter 77, Title 38 of the 1976 Code is amended by adding:

"Section 38-77-145.    If a claimant or his representative makes a written request sent by certified mail, return receipt requested, to the owner of an automobile insurance policy requesting the information of the existence of a policy and the amount of its liability coverage, the person or his representative to whom it was mailed shall respond in ten working days supplying the information requested."

SECTION    2.    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    3.    This act takes effect upon approval by the Governor.

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