South Carolina H 4786: Dr. Bendito Paulo Manuel

Bill Text

2025-2026 Bill 4786 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4786

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 38-25-520, RELATING TO SERVICE OF PROCESS ON UNAUTHORIZED INSURERS, SO 
AS TO AUTHORIZE ELECTRONIC DELIVERIES AND ELECTRONIC FORWARDING; BY AMENDING 
SECTION 15-9-270, RELATING TO SERVICE OF PROCESS ON INSURANCE COMPANIES, SO AS 
TO AUTHORIZE ELECTRONIC DELIVERIES AND ELECTRONIC FORWARDING; BY AMENDING 
SECTION 15-9-280, RELATING TO SERVICE OF PROCESS ON UNAUTHORIZED INSURERS, SO 
AS TO AUTHORIZE ELECTRONIC DELIVERIES AND ELECTRONIC FORWARDING, AND TO PROVIDE 
COMPLIANCE DEMONSTRATION MEASURES; AND BY AMENDING SECTION 15-9-285, RELATING 
TO SERVICE OF PROCESS ON UNAUTHORIZED INSURERS, SO AS TO AUTHORIZE ELECTRONIC 
DELIVERIES AND ELECTRONIC FORWARDING, AND TO CORRECT ARCANE REFERENCES.

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

SECTION 1. Section 38-25-520 of the S.C. Code is amended to read:

 Section 
38-25-520. (a) The issuance and 
delivery of a policy of insurance or contract of insurance or indemnity to any 
person in this State or the collection of a premium thereon by an insurer not 
licensed in this State, as herein required, irrevocably constitutes the director 
and any successor of his in office the true and lawful attorney in fact upon 
whom service of any and all processes, pleadings, actions, or suits arising out 
of the policy or contract in behalf of the insured may be made.

 (b) 
Service of process in this action is made by delivering to 
and leaving withelectronic or physical delivery to 
the director or his designee 
or some person in apparent charge of his office two copies of it and by 
payment to the director or his designee of a fee of 
ten dollars, of which five dollars must be retained by the director to offset 
the costs he incurs in service of process and of which five dollars must be 
deposited to the credit of the general fund of the state.

 (c) 
The director or his designee shall immediately mailtransmit electronically or sent by registered mail one of 
the copies of the process to the defendant at its last known principal place of 
business and shall keep a record of all process served upon him. The service 
of process is sufficient if: (1) notice of the service and a copy of the 
process are sent within ten days thereafter by registered mail by the plaintiff's 
attorney to the defendant at its last known principal place of business, and 
(2) the defendant's receipt or a receipt issued by the post office with which 
the letter is registered, showing the name of the sender of the letter and the 
name and address of the person to whom the letter is addressed, and the 
affidavit of the plaintiff's attorney showing compliance herewith are filed 
with the clerk of court in which the action is pending by the date the 
defendant is required to appear or within any further time which the court may 
allow.

 (d) 
No plaintiff is entitled to a judgment by default, a judgment with leave to 
prove damages, or a judgment pro confesso under this section until the 
expiration of thirty days from the date of filing of the affidavit of 
compliance.

 (e) 
Nothing in this section limits or abridges the right to serve any process, 
notice, order, or demand upon any person or insurer in any other manner 
permitted by law.

SECTION 2. Section 15-9-270 of the S.C. Code is amended to read:

 Section 
15-9-270. The summons and any other legal process in any action or proceeding 
against it must be served on an insurance company as defined in Section 
38-1-20, including fraternal benefit associations, electronically 
as prescribed via bulletin or order of the director or by delivering two 
copies of the summons or any other legal process to the Director of the Department of Insurance, as attorney of the company 
with a fee of ten dollars, of which five dollars must be retained by the 
director to offset the costs he incurs in service of process and of which five 
dollars must be deposited to the credit of the general fund of the State. A 
company shall appoint the director as its attorney pursuant to the provisions 
of Section 38-5-70. This service is considered sufficient service upon the 
company. When legal process against any company with the fee provided in this 
section is served upon the director, he shall immediately forward electronically as prescribed by the director or deliver by 
registered or certified mail one of the duplicate copies prepaid directed 
toward the company at its home office or, in the case of a fraternal benefit 
association, to its secretary or corresponding officer at the head of the 
association.

SECTION 3. Section 15-9-280 of the S.C. Code is amended to read