South Carolina Code of Laws
Chapter 78 - South Carolina Tort Claims Act
Section 15-78-190. Compensation of plaintiff pursuant to underinsured or uninsured defendant provisions of plaintiff's insurance policy.

If the amount of the verdict or judgment is not satisfied by reason of the monetary limitations of this chapter upon recovery from the State or political subdivision thereof, the plaintiff's insurance company, subject to the underinsured and uninsured defendant provisions of the plaintiff's insurance policy, if any, shall compensate the plaintiff for the difference between the amount of the verdict or judgment and the payment by the political subdivision. If a cause of action is barred under Section 15-78-60 of the 1976 Code, the plaintiff's insurance company must compensate him for his losses subject to the aforementioned provisions of his insurance policy.
HISTORY: 1986 Act No. 463, Section 6.

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Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 15 - Civil Remedies and Procedures

Chapter 78 - South Carolina Tort Claims Act

Section 15-78-10. Short title.

Section 15-78-20. Legislative findings; declaration of public policy; extent of, and construction of, waiver of immunity.

Section 15-78-30. Definitions.

Section 15-78-40. Tort liability of State, agency, political subdivision, or governmental entity, generally.

Section 15-78-50. Right of injured person to file claim; non-liability of governmental entity where employee would not be liable if a private person; injunctions against governmental entities.

Section 15-78-60. Exceptions to waiver of immunity.

Section 15-78-70. Liability for act of government employee; requirement that agency or political subdivision be named party defendant; effect of judgment or settlement.

Section 15-78-80. Filing of verified claim; handling and disposition of claims; requirement that agencies and political subdivisions cooperate with State Fiscal Accountability Authority.

Section 15-78-90. Settlement of claims and actions; institution of action where claim has or has not been filed.

Section 15-78-100. When and where to institute action; requirement of special verdict specifying proportionate liability of multiple defendants.

Section 15-78-110. Statute of limitations.

Section 15-78-120. Limitation on liability; prohibition against recovery of punitive or exemplary damages or prejudgment interest; signature of attorney on pleadings, motions, or other papers.

Section 15-78-130. Defense of political subdivision which has not purchased insurance through State Fiscal Accountability Authority.

Section 15-78-140. Procurement of insurance by political subdivisions; exclusivity of remedies provided in this chapter.

Section 15-78-150. Authority of State Fiscal Accountability Authority to purchase liability insurance; funding of purchase by participating governmental entities; premiums set according to risk; development of actuarial rating system plan.

Section 15-78-160. Nonliability of State Fiscal Accountability Authority where lack of insurance coverage results from agency's or political subdivision's failure to pay premium.

Section 15-78-170. Action or claim for death of person; division of recovery.

Section 15-78-180. Applicability of chapter to causes of action arising before or after July 1, 1986.

Section 15-78-190. Compensation of plaintiff pursuant to underinsured or uninsured defendant provisions of plaintiff's insurance policy.

Section 15-78-200. Exclusive and sole remedy for torts committed by employee of governmental entity while acting within scope of employee's official duty.

Section 15-78-210. Rights and privileges preserved.

Section 15-78-220. Rights and privileges not affected.