Bill 3431

                    Current Status

Bill Number:               3431
Ratification Number:       385
Act Number                 366
Introducing Body:          House
Subject:                   Service of summons or other legal
                           process, fee

(A366, R385, H3431)

AN ACT TO AMEND SECTIONS 15-9-270, AS AMENDED, 15-9-285, AND 38-25-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES AND THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY OFFERED BY AN INSURER NOT LICENSED IN THIS STATE AND THE CONDITIONS UNDER WHICH SERVICE OF PROCESS MUST BE MADE, SO AS TO INCREASE THE FEE FROM FOUR TO TEN DOLLARS WHICH MUST ACCOMPANY THE SUMMONS AND ANY OTHER LEGAL PROCESSES DELIVERED TO THE CHIEF INSURANCE COMMISSIONER BY AN INSURANCE COMPANY AND PROVIDE THAT FIVE DOLLARS OF THIS FEE MUST BE RETAINED BY THE CHIEF INSURANCE COMMISSIONER TO OFFSET HIS COSTS.

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

Service of summons or other legal process, fee

SECTION 1. Section 15-9-270 of the 1976 Code, as last amended by Act 155 of 1987, is further amended to read:

"Section 15-9-270. The summons and any other legal process in any action or proceeding against it must be served on an insurance company as defined in Section 38-1-20, including fraternal benefit associations, by delivering two copies of the summons or any other legal process to the Chief Insurance Commissioner, as attorney of the company with a fee of ten dollars, of which five dollars must be retained by the Chief Insurance Commissioner to offset the costs he incurs in service of process and of which five dollars must be deposited to the credit of the general fund of the State. A company shall appoint the Chief Insurance Commissioner as its attorney pursuant to the provisions of Section 38-5-70. This service is considered sufficient service upon the company. When legal process against any company with the fee provided in this section is served upon the Chief Insurance Commissioner, he shall immediately forward by registered or certified mail one of the duplicate copies prepaid directed toward the company at its home office or, in the case of a fraternal benefit association, to its secretary or corresponding officer at the head of the association."

Service of process, fee

SECTION 2. Section 15-9-285(b) of the 1976 Code, as added by Act 155 of 1987, is amended to read:

"(b) Service of process in the action is made by delivering to and leaving with the Chief Insurance Commissioner or some person in apparent charge of his office two copies of it and by payment to the Chief Insurance Commissioner of a fee of ten dollars, of which five dollars must be retained by the Chief Insurance Commissioner to offset the costs he incurs in service of process and of which five dollars must be deposited to the credit of the general fund of the State."

Service of process, fee

SECTION 3. Section 38-25-520(b) of the 1976 Code, as added by Act 155 of 1987, is amended to read:

"(b) Service of process in this action is made by delivering to and leaving with the Commissioner or some person in apparent charge of his office two copies of it and by payment to the Commissioner of a fee of ten dollars, of which five dollars must be retained by the Commissioner to offset the costs he incurs in service of process and of which five dollars must be deposited to the credit of the general fund of the State."

Time effective

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