2001-2002 Bill 3813: Motor Vehicle Insurance Extended to Certain Loaner Vehicles; Dealers

BIL:3813

TYP:General Bill GB

INB:House

IND:20010327

PSP:Cato

SPO:Cato, Lourie, Askins, Barfield, Barrett, Battle, Bowers, G.Brown, Carnell, Cooper, Cotty, Edge, Freeman, Harrison, Harvin, Howard, Keegan, Kelley, Kirsh, Martin, McCraw, Owens, Phillips, Rice, Robinson, Sandifer, Sharpe, Sinclair, D.C.Smith, G.M.Smith, J.R.Smith, Thompson, Townsend, Tripp, Trotter, White, Wilder, McLeod, Hamilton, Vaughn, Talley

DDN:l:\council\bills\dka\4185mm01.doc

RBY:House

COM:Labor, Commerce and Industry Committee 26 HLCI

SUB:Motor vehicle insurance extended to certain loaner vehicles; Dealers, wholesalers

HST:

BodyDateAction DescriptionComLeg Involved

______

House20010417Co-Sponsor added (Rule 5.2) by Rep.Talley

House20010327Introduced, read first time,26 HLCI

referred to Committee

Versions of This Bill

TXT:

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 3877225 SO AS TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO “LOANER” VEHICLES, AND TO PROVIDE FOR THE EXTENT AND PRIMARY NATURE OF THE COVERAGES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.The 1976 Code is amended by adding:

“Section 3877225.(A)Each motor vehicle liability insurance policy, motor vehicle physical damage insurance policy, motor vehicle uninsured and underinsured motorist insurance policy, and motor vehicle insurance policy covering death or bodily injury insuring a motor vehicle licensed in this State, or the occupants of the motor vehicle, must extend its coverage to include a motor vehicle operated by the insured individual and its occupants if the motor vehicle is loaned by a licensed automobile dealer, without compensation from the insured, to the insured for use as a:

(1)temporary substitute motor vehicle while the insured’s motor vehicle is out of use because of breakdown, repair, or servicing; or

(2)demonstrator motor vehicle.

(B)This coverage extends to the loaned motor vehicle only to the extent of the coverage provided on the motor vehicle:

(1)being repaired or serviced; or

(2)owned by the insured.

(C)This extension coverage is primary. A written loaner agreement or a demonstration agreement must include on its face a clause outlining the acceptance of ‘primary insurance coverage’ and this clause must be signed separately and dated separately by the insured user.”

SECTION2.This act takes effect upon approval by the Governor and applies to all policies of insurance issued or renewed on and after that date.

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