(A) Every insurer providing automobile insurance coverage in this State and which is or may be liable to pay all or a part of any claim shall provide, within thirty days of receiving a written request from the claimant's attorney, a statement, under oath, of a corporate officer or the insurer's claims manager stating with regard to each known policy of nonfleet private passenger insurance issued by it, the name of the insurer, the name of each insured, and the limits of coverage. The insurer may provide a copy of the declaration page of each such policy in lieu of providing such information. The request shall set forth under oath the specific nature of the claim asserted and shall be mailed to the insurer by certified mail or statutory overnight delivery. The request also must state that the attorney is authorized to make such a request and must be accompanied by a copy of the incident report from which the claim is derived.
(B) If the request provided in subsection (A) contains information insufficient to allow compliance, the insurer upon whom the request was made may so state in writing, stating specifically what additional information is needed and such compliance shall constitute compliance with this section.
(C) The information provided to a claimant or his attorney as required by subsection (A) of this section shall not create a waiver of any defenses to coverage available to the insurer and shall not be admissible in evidence.
(D) The information provided to a claimant or his attorney as required by subsection (A) shall be amended upon the discovery of facts inconsistent with or in addition to the information provided.
(E) The provisions of this section do not require disclosure of limits for fleet policy limits, umbrella coverages, or excess coverages.
(F) The information received pursuant to this section is confidential and must not be disclosed to any outside party. Upon final disposition of the case, the claimant's attorney must destroy all information received pursuant to this section. The court must impose sanctions for a violation of this subsection.
HISTORY: 2011 Act No. 52, Section 4, eff January 1, 2012.
Editor's Note
2011 Act No. 52, Section 7, provides as follows:
"SECTION 7. This act takes effect January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of SECTION 3 do not apply to any matter pending on the effective date of this act."
Structure South Carolina Code of Laws
Chapter 77 - Automobile Insurance
Section 38-77-10. Declaration of purpose.
Section 38-77-20. Construction.
Section 38-77-30. Definitions.
Section 38-77-113. Conditions for waiver of license reinstatement fee.
Section 38-77-120. Requirements for notice of cancellation of or refusal to renew policy.
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 38-77-143. Maintenance, selling, etc. policies and contracts to be primary.
Section 38-77-144. Personal injury protection (PIP) coverage not mandated.
Section 38-77-151. Collected funds to be placed in Uninsured Motorists Fund; use of funds.
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 38-77-220. Additional liability which automobile insurance policy need not cover.
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 38-77-340. 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 38-77-395. Absence of liability or cause of action in certain situations; exceptions.
Section 38-77-400. Underwriting restrictions provided upon request of director.
Section 38-77-720. Number, qualifications, and compensation of arbitrators; fee paid by claimant.
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 38-77-830. 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 38-77-1110. Short title.
Section 38-77-1120. Definitions.
Section 38-77-1150. Prohibitions relative to disclosure or nondisclosure of information.