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Bill 3813

                    Current Status

Bill Number:                      3813
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010327
Primary Sponsor:                  Cato
All Sponsors:                     Cato, Lourie, Askins, Barfield, Barrett, 
                                  Battle, Bowers, G. Brown, Carnell, Cooper, 
                                  Cotty, Edge, Freeman, Harrison, Harvin, 
                                  Howard, Keegan, Kelley, Kirsh, Martin, McCraw, 
                                  Owens, Phillips, Rice, Robinson, Sandifer, 
                                  Sharpe, Sinclair, D.C. Smith, G.M. Smith, 
                                  J.R. Smith, Thompson, Townsend, Tripp, 
                                  Trotter, White, Wilder, McLeod, Hamilton, 
                                  Vaughn, Talley
Drafted Document Number:          l:\council\bills\dka\4185mm01.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Motor vehicle insurance extended to 
                                  certain loaner vehicles; Dealers, wholesalers


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010417  Co-Sponsor added (Rule 5.2) by Rep.            Talley
House   20010327  Introduced, read first time,           26 HLCI
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-225 SO AS TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO "LOANER" VEHICLES, AND TO PROVIDE FOR THE EXTENT AND PRIMARY NATURE OF THE COVERAGES.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 38-77-225.    (A)    Each motor vehicle liability insurance policy, motor vehicle physical damage insurance policy, motor vehicle uninsured and underinsured motorist insurance policy, and motor vehicle insurance policy covering death or bodily injury insuring a motor vehicle licensed in this State, or the occupants of the motor vehicle, must extend its coverage to include a motor vehicle operated by the insured individual and its occupants if the motor vehicle is loaned by a licensed automobile dealer, without compensation from the insured, to the insured for use as a:

        (1)    temporary substitute motor vehicle while the insured's motor vehicle is out of use because of breakdown, repair, or servicing; or

        (2)    demonstrator motor vehicle.

    (B)    This coverage extends to the loaned motor vehicle only to the extent of the coverage provided on the motor vehicle:

        (1)    being repaired or serviced; or

        (2)    owned by the insured.

    (C)    This extension coverage is primary. A written loaner agreement or a demonstration agreement must include on its face a clause outlining the acceptance of 'primary insurance coverage' and this clause must be signed separately and dated separately by the insured user."

SECTION    2.    This act takes effect upon approval by the Governor and applies to all policies of insurance issued or renewed on and after that date.

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