South Carolina Code of Laws
Chapter 77 - Automobile Insurance
Section 38-77-1120. Definitions.

As used in this article:
(a) "Authorized agency" means:
(1) the South Carolina State Law Enforcement Division, the Department of Public Safety, the sheriff's department of any county of this State, and any duly constituted criminal investigative department or agency of another state of the United States;
(2) the Attorney General of this State, any circuit solicitor of this State, any prosecuting attorney for a county, circuit, or district of another state or of the United States;
(3) the South Carolina Department of Insurance and the South Carolina Department of Consumer Affairs of the Attorney General's Office; and
(4) the United States Department of Justice and its Federal Bureau of Investigation.
(b) "Relevant" means having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
(c) "Action" means affirmative acts and the failure to take action.
(d) "Immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this article unless actual malice on the part of the insurance company or authorized agency against the insured or gross negligence or reckless disregard for his rights is present.
HISTORY: Derived from 1976 Code Section 38-37-1620 [1986 Act No. 513, Section 2] recodified as Section 38-77-1120 by 1987 Act No. 155, Section 1; 1992 Act No. 454, Section 1; 1993 Act No. 181, Section 829; 1996 Act No. 459, Section 64.

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Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 77 - Automobile Insurance

Section 38-77-10. Declaration of purpose.

Section 38-77-20. Construction.

Section 38-77-30. Definitions.

Section 38-77-112. Automobile insurers not required to write coverage for automobile insurance for any applicants or existing policyholders.

Section 38-77-113. Conditions for waiver of license reinstatement fee.

Section 38-77-114. Review and reports on impact of repeal of antirebate laws concerning sale of automobile insurance.

Section 38-77-120. Requirements for notice of cancellation of or refusal to renew policy.

Section 38-77-121. Application for original issuance of policy of insurance covering liability; cancellation notice; disclosure of previous cancellation or refusal to renew.

Section 38-77-122. Insurers and agents prohibited from refusing to issue automobile insurance policies due to certain factors; prohibited factors for premium rates.

Section 38-77-123. Insurers and agents prohibited from refusing to renew automobile insurance policies due to certain factors; cancellation restrictions; penalties for violations.

Section 38-77-124. Refusal to issue or renew automobile insurance policy on basis of location of residence.

Section 38-77-125. Name, address, and telephone number of insurance company must be stated or provided.

Section 38-77-126. Disclosure where rate level higher than lowest tier for that insurer or group.

Section 38-77-127. Insurer may issue verification of coverage electronically.

Section 38-77-130. Group automobile insurance; rate.

Section 38-77-140. Bodily injury and property damage limits; general requirements.

Section 38-77-141. Required notice to be attached to new policy or original premium notice of insurance covering liability regarding insurance premiums.

Section 38-77-142. Policies or contracts of bodily injury or property damage liability insurance covering liability; required provisions.

Section 38-77-143. Maintenance, selling, etc. policies and contracts to be primary.

Section 38-77-144. Personal injury protection (PIP) coverage not mandated.

Section 38-77-150. Uninsured motorist provision; defense of action by insurer; subrogation and assignment of benefits.

Section 38-77-151. Collected funds to be placed in Uninsured Motorists Fund; use of funds.

Section 38-77-154. Department of Insurance to supervise and control Uninsured Motorists Fund; purpose of fund.

Section 38-77-155. Distribution of funds; obtaining premium information.

Section 38-77-160. Additional uninsured motorist coverage; underinsured motorist coverage.

Section 38-77-161. Uninsured or underinsured coverage not required in excess or umbrella policy.

Section 38-77-170. Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.

Section 38-77-180. "John Doe" actions against unknown defendant; service of process and defense by insurer; action against or joinder of identified owner or operator.

Section 38-77-190. Subrogation of insurer who pays claim under uninsured motorist provision to rights of insured.

Section 38-77-200. Arbitration clause prohibited in uninsured motorist provision; requirements on insured; action and employment of counsel by insured.

Section 38-77-210. Uninsured motorist provision not required to cover property damages paid to insured.

Section 38-77-220. Additional liability which automobile insurance policy need not cover.

Section 38-77-230. Certain payments under automobile insurance policy are not to be construed as admission or recognition of liability.

Section 38-77-250. Release of coverage information upon written request of claimant's attorney; confidentiality.

Section 38-77-260. General release, assignment of claims, and like documents.

Section 38-77-270. Christian Science or any licensed healing art care and treatment.

Section 38-77-280. Collision coverage; comprehensive coverage.

Section 38-77-320. Enforcement of article; promulgation of regulations.

Section 38-77-330. Denial of claim or of delay of payment; payments due immediately; consequences of unnecessary delay.

Section 38-77-340. Agreement to exclude designated natural person from coverage.

Section 38-77-341. Unfair trade practices.

Section 38-77-350. Form to be used when optional coverages are offered.

Section 38-77-370. Obligations of insurance-support organizations; access to personal information.

Section 38-77-390. Written notice of cancellation or nonrenewal; request for reasons for cancellation or nonrenewal.

Section 38-77-395. Absence of liability or cause of action in certain situations; exceptions.

Section 38-77-400. Underwriting restrictions provided upon request of director.

Section 38-77-710. Appointment of attorneys as arbitrators to hear and determine property damage liability claims; process and procedure.

Section 38-77-720. Number, qualifications, and compensation of arbitrators; fee paid by claimant.

Section 38-77-730. Request for arbitration; no formal pleading and process; arbitration docket; filing of claim; service of summons to defendant.

Section 38-77-740. Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

Section 38-77-750. Enforcement of subpoenas; warrant to produce witnesses; certification of records.

Section 38-77-760. Decision of arbitrators.

Section 38-77-770. Right to appeal decision; procedures.

Section 38-77-810. Promulgation of standards for assignment of risks to insurance carriers and servicing carriers; establishment of Associated Auto Insurers Plan.

Section 38-77-820. Application to have risk assigned to insurance carrier licenses to write motor vehicle liability insurance.

Section 38-77-830. Assigned Risk Pool.

Section 38-77-840. Powers of director.

Section 38-77-841. Information to be supplied by Associated Auto Insurers Plan producers.

Section 38-77-845. Review of applications.

Section 38-77-850. Confidentiality of information filed with director.

Section 38-77-860. Disclosure of reasons for director's decisions not required; liability.

Section 38-77-870. Availability of assignment of risks provisions to nonresidents and personnel of the Armed Forces.

Section 38-77-880. Availability of assignment of risks provisions to carriers legally required to carry public liability and property damage insurance.

Section 38-77-1110. Short title.

Section 38-77-1120. Definitions.

Section 38-77-1130. Provision to authorized agencies, by insurance companies, of information regarding motor vehicle theft or motor vehicle insurance fraud; release of information by authorized agencies; immunity from liability.

Section 38-77-1140. Requirement that information be held in confidence until release is required; obligation of authorized agency, and its agents and employees, to testify.

Section 38-77-1150. Prohibitions relative to disclosure or nondisclosure of information.

Section 38-77-1160. Violations and penalties.