Committee Report

March 28, 2023

H. 3977

Introduced by Reps. Sandifer, Hardee and Anderson

S. Printed 03/28/23--H.

Read the first time February 16, 2023

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The committee on House Labor, Commerce and Industry

To who was referred a Bill (H. 3977) to amend the South Carolina Code of Laws by adding Section 38-55-730 so as to allow insurers to post an insurance policy or endorsement on their website if certain, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

WILLIAM SANDIFER for Committee.

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-55-730 SO AS TO ALLOW INSURERS TO POST AN INSURANCE POLICY OR ENDORSEMENT ON THEIR WEBSITE IF CERTAIN CONDITIONS ARE MET.

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

SECTION 1.  Article 7, Chapter 55, Title 38 of the S.C. Code is amended by adding:

    Section 38-55-730. Notwithstanding another provision of this section, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's website. If the insurer elects to post an insurance policy or endorsement on the insurer's website in lieu of mailing or delivering the document to the insured, the insurer must comply with the following conditions:

    (1) The policy and endorsement must be accessible as long as the policy or endorsement is in force.

    (2) After the policy expires, the insurer must maintain and archive the policy and endorsement for five years after the expiration of the policy and shall make the documents available to the party upon request.

    (3) The insurer must post the policy and endorsement in a manner that allows the insured to print and save the policy and endorsement using a program or application that is widely available on the Internet and free to use.

    (4) The insurer provides the following information in, or simultaneous with, each declarations page provided at the time of issuance of the initial policy and any renewals of that policy:

       (a) a description of the exact policy and endorsement form purchased by the insured;

       (b) a method by which the insured may obtain, upon request and without charge, a paper copy of the policy; and

       (c) the Internet address where the insured's policy and endorsement is posted.

    (5) The insurer provides notice, in the format preferred by the insured, of any changes to the form or endorsement, the insured's right to obtain, upon request without charge, a paper copy of a form, and the Internet address where the form and endorsement is posted.

SECTION 2.  This act takes effect upon approval by the Governor.

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