South Carolina General Assembly
109th Session, 1991-1992

Bill 3613


                    Current Status

Introducing Body:               House
Bill Number:                    3613
Ratification Number:            217
Act Number:                     146
Primary Sponsor:                Wilkins
Type of Legislation:            GB
Subject:                        Motor vehicle insurance
                                coverage
Date Bill Passed both Bodies:   Jun 04, 1991
Computer Document Number:       DKA/3169.AL
Governor's Action:              S
Date of Governor's Action:      Jun 12, 1991
Introduced Date:                Feb 27, 1991
Date of Last Amendment:         May 30, 1991
Last History Body:              ------
Last History Date:              Jun 12, 1991
Last History Type:              Signed by Governor
Scope of Legislation:           Statewide
All Sponsors:                   Wilkins
                                Cato
                                T.C. Alexander
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3613  ------  Jun 12, 1991  Act No. 146
 3613  ------  Jun 12, 1991  Signed by Governor
 3613  ------  Jun 06, 1991  Ratified R 217
 3613  House   Jun 04, 1991  Concurred in Senate
                             amendment, enrolled for
                             ratification
 3613  Senate  May 30, 1991  Amended, read third time,
                             returned with amendment
 3613  Senate  May 23, 1991  Read second time
 3613  Senate  May 16, 1991  Committee Report: Favorable     02
 3613  Senate  Apr 09, 1991  Introduced, read first time,    02
                             referred to Committee
 3613  House   Apr 05, 1991  Read third time, sent to
                             Senate
 3613  House   Apr 04, 1991  Unanimous consent for third
                             reading on next Legislative
                             day
 3613  House   Apr 04, 1991  Amended, read second time
 3613  House   Mar 28, 1991  Committee Report: Favorable     26
                             with amendment
 3613  House   Feb 27, 1991  Introduced, read first time,    26
                             referred to Committee

View additional legislative information at the LPITS web site.


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

(A146, R217, H3613)

AN ACT TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE CEDED TO THE REINSURANCE FACILITY; AND TO AMEND SECTION 56-10-280, RELATING TO INSURANCE TO MEET FINANCIAL RESPONSIBILITY REQUIREMENTS OF MOTOR VEHICLES, SO AS TO PROVIDE ADDITIONAL BASIS TO CANCEL POLICY.

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

Limitation on automobile insurance policies

SECTION 1. Section 38-77-285 of the 1976 Code, as added by Act 557 of 1990, is amended to read:

"Section 38-77-285. All automobile insurance coverages written by an insurer for an insured's automobile must be written in the same policy except that all automobile insurance policies in effect on the effective date of this section may continue in force until the expiration date of the policy. This section applies only to insurance policies covering vehicles eligible to be ceded to the Reinsurance Facility."

Additional grounds for cancellation of insurance

SECTION 2. Section 56-10-280 of the 1976 Code is amended to read:

"Section 56-10-280. (A) Contracts or policies of insurance issued to meet the financial responsibility requirements prescribed in this chapter must be issued for not less than six months. A contract or policy of insurance remains in effect at least sixty days notwithstanding a power of attorney which may purport to give the attorney-in-fact the right to effect cancellation on behalf of the insured. However, a contract or policy may be canceled within the first sixty days only under one or more of the following circumstances:

(1) A check or bank draft tendered by the insured for payment of premium is returned unpaid for insufficient funds or other reason by the insured's financial institution.

(2) The insured produces satisfactory proof from the Department of Highways and Public Transportation that he has sold or otherwise disposed of the insured vehicle or surrendered its tags and registration.

(3) The insured has secured another policy that meets the financial responsibility requirements prescribed in this chapter.

(B) This section does not prohibit refunds to the insured for cancellations after sixty days resulting from causes other than nonpayment of premium. Where an insurance company cancels a contract or policy pursuant to this section for nonpayment of premium under the circumstances in subsection (A) which occurs within the first sixty days, the insurance company or agent may charge and collect a fifteen-dollar penalty in addition to that otherwise provided by law, and the penalty charge is not a premium charge."

Time effective

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

Approved the 12th day of June, 1991.