(a) No person making payment or settlement of benefits for which the person is obligated under Sections 38-77-240 to 38-77-340 and no insurer may in connection with the payment or settlement of a claim for these first-party benefits or for any first-party benefits arising under an automobile insurer's coverage including, but not limited to, medical payments and uninsured motorist coverage, obtain or attempt to obtain from the claimant receiving the benefits any general release, covenant not to sue, assignment, article of subrogation, or any other instrument or document which purports to assign to that person or insurer all or any portion of any claim which the claimant may have against any other party or his insurer arising out of legal liability or which purports to constitute an agreement by the claimant that any amount received as first party benefits must be deducted from any settlement or judgment recoverable from any other party or his insurer arising out of legal liability. Every such purported general release, covenant not to sue, or similar instrument is null and void unless (1) the insurer or other person has delivered to the person entitled to the first-party benefits, or his legal representative, a disclosure statement, on a form approved by the director or his designee, fully and fairly disclosing the fact that the first-party benefits payable under Sections 38-77-240 to 38-77-340 are contractual obligations of the insurer or other person and are entirely separate and distinct from any obligation which the insurer or other person may have because of the legal liability of any person and that the person receiving the first-party benefits is not required and may not be required to release or relinquish any rights which he may have arising out of the legal liability of any person in order to receive payment or settlement of the first-party benefits arising under Sections 38-77-240 to 38-77-340 and (2) an interval of not less than three days has elapsed between the later of (i) the delivery of the disclosure statement or (ii) the payment or settlement of the first-party benefits and the execution of the general release, covenant not to sue, or similar instrument.
(b) [Repealed]
(c) [Repealed]
HISTORY: Former 1976 Code Section 56-11-130 [1962 Code Section 46-750.113; 1974 (58) 2718] recodified as Section 38-77-260 by 1987 Act No. 155, Section 1; 1989 Act No. 148, Section 57; 1993 Act No. 181, Section 809.
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.