South Carolina § 41-18-90 - Liability insurance requirement.

§ 41-18-90. Liability insurance requirement.

Before the Labor Division of the Department of Labor, Licensing and Regulation may issue a permit to the owner or lessee of an amusement device, the owner or lessee of the device shall furnish the Labor Division with proof that the owner or lessee has purchased insurance from an acceptable insurer in an amount not less than five hundred thousand dollars for each occurrence against liability for injury to persons arising out of the use of the amusement device and that the policy of liability is in effect. The amount of the deductible provision in the policy of insurance is dependent upon the owner's or the lessee's proof of financial responsibility and must be established by the Labor Division on a case-by-case basis. For purposes of this section, an acceptable insurer for a "permanent device" is an insurer which is either licensed by the Director of the Department of Insurance in this State or approved by the Department of Insurance as a nonadmitted surplus lines carrier for risks located in this State. For a "temporary device" an insurer shall meet either of these requirements or shall meet minimum financial requirements for admission as a licensed company in South Carolina and must be licensed in the "temporary device's" owner's or lessee's home state or must be an approved nonadmitted surplus lines carrier for risks located in that home state. Each policy, by its original terms or an endorsement, shall obligate the insurer that it will not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal being given to the Labor Division. In the event the liability insurance is canceled, suspended, or nonrenewed, the insurer shall give immediate notice to the Labor Division. This section may not be construed to expand any of the rights granted the employees of the owners, operators, or lessees under the workers' compensation laws of this State.

HISTORY: 1985 Act No. 103, SECTION 2; 1986 Act No. 514, SECTION 3A, eff June 12, 1986; 1993 Act No. 181, SECTION 981, eff February 1, 1994; 1998 Act No. 283, SECTION 1, eff upon approval (became law without the Governor's signature on April 8, 1998).

Effect of Amendment

The 1986 amendment substituted "five hundred thousand dollars for each occurrence" for "one million dollars per occurrence".

The 1993 amendment substituted "Labor Division of the Department of Labor, Licensing, Regulation" and "Labor Division" for "commissioner", and "Director of the Department of Insurance" for "Chief Insurance Commissioner".

The 1998 amendment made a nonsubstantive change.