S.C. Code Ann. ch. 38-77: Automobile Insurance

What this document is

S.C. Code Ann. ch. 38-77: Automobile Insurance is a state statute published by South Carolina Legislature (scstatehouse.gov). It is one of the South Carolina documents that insurance license exam questions are written from, including south carolina property & casualty, south carolina personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• S.C. Code Ann. § 38-77-160 (Additional uninsured motorist coverage; underinsured motorist coverage)

  “No underinsured motorist policy may contain a clause requiring the insurer's consent to settlement with the at-fault party.”

• S.C. Code Ann. § 38-77-150(A) (Uninsured motorist provision; defense of action by insurer; subrogation and assignment of benefits)

  “No automobile insurance policy or contract may be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision, undertaking to pay the insured all sums which he is legally entitled to recover as damages from the owner or...”

• S.C. Code Ann. § 38-77-820 (Application to have risk assigned to insurance carrier licenses to write motor vehicle liability insurance)

  “Every person who has been unable to obtain a motor vehicle liability policy shall have the right to apply to the director to have his risk assigned to an insurance carrier licensed to write and writing motor vehicle liability insurance in the State and the insurance carrier, whether a stock or...”

• S.C. Code Ann. § 38-77-830 (Assigned Risk Pool)

  “Insurance carriers may satisfy their Associated Auto Insurers Plan obligations by joining with other insurers to establish an Assigned Risk Pool whereby one or more insurers accepts the assignments of other insurers and in return, the other insurers agree to be responsible for any assessment...”

• S.C. Code Ann. § 38-77-170(A) (Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown)

  “If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless: (1) the insured or someone in his behalf reports the accident to some appropriate police...”

• S.C. Code Ann. § 38-77-200 (Arbitration clause prohibited in uninsured motorist provision; requirements on insured; action and employment of counsel by insured)

  “The uninsured motorist provision may not require arbitration of any claim arising under it, nor may anything not otherwise herein provided for or as may be provided in the form prescribed by the director or his designee be required of the insured except the establishment of legal liability of the...”

• S.C. Code Ann. § 38-77-121(A) (Application for original issuance of policy of insurance covering liability; cancellation notice; disclosure of previous cancellation or refusal to renew)

  “Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle as defined in Section 38-77-30 must have the following statement printed on or attached to the first page of the application form, in boldface...”

• S.C. Code Ann. § 38-77-123(B) (Insurers and agents prohibited from refusing to renew automobile insurance policies due to certain factors; cancellation restrictions; penalties for violations)

  “No insurer shall cancel a policy except for one or more of the following reasons: (1) The named insured or any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has had his driver's license suspended or revoked during the policy...”

• S.C. Code Ann. § 38-77-330 (Denial of claim or of delay of payment; payments due immediately; consequences of unnecessary delay)

  “No claim for damage to property resulting from a motor vehicle accident may be denied or payment delayed because the person who is entitled to payment or any other person has a claim pending for bodily injury which may have arisen from the same or any other accident. Whenever an insurer has the...”

• S.C. Code Ann. § 38-77-280(B) (Collision coverage; comprehensive coverage)

  “(B) Any automobile physical damage insurance coverage deductible or policy deductible does not apply to automobile safety glass.”

• S.C. Code Ann. § 38-77-161 (Uninsured or underinsured coverage not required in excess or umbrella policy)

  “No uninsured or underinsured motorist coverage need be provided in this State by any excess or umbrella policy of insurance.”

• S.C. Code Ann. § 38-77-370(A) (Obligations of insurance-support organizations; access to personal information)

  “(A) If an individual, after proper identification, submits a written request to an insurance-support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably able to be located and retrieved by the insurance-support...”

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More South Carolina sources

• S.C. Code Ann. ch. 38-57: Unfair trade practices in the business of insuranceState statute
• S.C. Code Ann. ch. 38-43: Producers (licensing, appointment, discipline)State statute
• S.C. Code Ann. ch. 38-63: Life insurance policy provisionsState statute
• S.C. Code Ann. ch. 38-71: Accident and health insurance policy provisionsState statute
• South Carolina Code of Laws Title 38, Chapters 5, 43 and part of 55 (first third)State statute
• South Carolina Code of Laws Title 38, Chapters 55, 57, 59, 63 and part of 65 (second third)State statute
• South Carolina Code of Laws Title 38, Chapters 65, 71 and 72 (final third)State statute
• South Carolina Insurance Content OutlinesCandidate handbook or exam outline