reglab/housing_qa huggingface dataset:
SC Code § 15-78-90 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-90. Settlement of claims and actions; institution of action where claim has or has not been filed.

 (a) The State Fiscal Accountability Authority, or the political subdivision where it has not purchased insurance from the State Fiscal Accountability Authority, may adjust, compromise, settle, or allow any claim or settle or compromise any action.  (b) Whether or not the claim is filed, the claimant is entitled to institute an action against the appropriate agency or political subdivision. Provided, however, if a claimant files a claim, he may not institute an action until after the occurrence of the earliest of one of the following three events: (1) the passage of one hundred eighty days from the filing of the claim with the governmental entity, (2) the governmental entity's disallowance of the claim, or (3) the governmental entity's rejection of a settlement offer.  HISTORY: 1986 Act No. 463, Section 1.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 15-78-100 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-100. When and where to institute action; requirement of special verdict specifying proportionate liability of multiple defendants.

 (a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.  (b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred.  (c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined.  HISTORY: 1986 Act No. 463, Section 1; 1988 Act No. 352, Section 8.
SC Code § 15-78-110 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-110. Statute of limitations.

 Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered.  HISTORY: 1986 Act No. 463, Section 1; 1988 Act No. 352, Section 9.
SC Code § 15-78-130 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-130. Defense of political subdivision which has not purchased insurance through State Fiscal Accountability Authority.

 The defense for a political subdivision against an action brought pursuant to this chapter, when the political subdivision does not purchase insurance through the State Fiscal Accountability Authority, must be provided by the political subdivision or its designee.  HISTORY: 1986 Act No. 463, Section 1.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 15-78-150 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-150. Authority of State Fiscal Accountability Authority to purchase liability insurance; funding of purchase by participating governmental entities; premiums set according to risk; development of actuarial rating system plan.

 (a) The State Fiscal Accountability Authority is authorized to purchase liability insurance.  (b) The purchase of insurance must be funded by participating governmental entities by payment of premiums as required by the State Fiscal Accountability Authority. The State Fiscal Accountability Authority in setting these premiums shall rate the policy according to the risk involved with the general class of insured entity. The State Fiscal Accountability Authority must develop an actuarial rating system plan based upon the classification of employee and the risk involved by class of employee which must be implemented by July 1, 1990.  HISTORY: 1986 Act No. 463, Section 1; 1987 Act No. 123, Section 2.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 15-78-160 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-160. Nonliability of State Fiscal Accountability Authority where lack of insurance coverage results from agency's or political subdivision's failure to pay premium.

 If an agency or political subdivision fails to pay any required premium within sixty days from the date the premium is invoiced, the State Fiscal Accountability Authority may cancel the policy for nonpayment of premium by mailing a notice of cancellation giving not less than thirty days' notice of the cancellation to the delinquent agency or political subdivision. Prior to the termination of the insurance coverage, notice of the impending termination also must be published in a newspaper of regular circulation in the county where the insured's headquarters is located. The State Fiscal Accountability Authority is not liable for any risk or loss occurring after the effective date of the cancellation.  HISTORY: 1986 Act No. 463, Section 1; 1996 Act No. 314, Section 3.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 15-78-170 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-170. Action or claim for death of person; division of recovery.

 An action or claim for the death of a person may be brought under this chapter by the executor or administrator respectively, of the person's estate when death results from bodily injury if the bodily injury would have entitled the injured party to maintain an action or claim if death had not ensued. The provisions and limitations of this chapter are applicable to any such action or claim. Every action or claim must be for the benefit of the wife or husband and child, or children of the person whose death has been so caused and if there is no wife, husband, child, or children, then for the benefit of the parent or parents, and if there is none, then for the benefit of the heirs-at-law or the distributees of the person whose death has been so caused. Any amount recovered must be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his estate.  HISTORY: 1986 Act No. 463, Section 1.
SC Code § 15-78-180 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-180. Applicability of chapter to causes of action arising before or after July 1, 1986.

 The provisions of Chapter 78 of Title 15 of the 1976 Code shall only apply to those causes of action arising or accruing after the effective date of this chapter; provided, however, the provisions of Section 15-78-20(c) of the 1976 Code are applicable to all causes of action arising on or before the effective date of the chapter.  HISTORY: 1986 Act No. 463, Section 1.
SC Code § 15-78-190 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-190. Compensation of plaintiff pursuant to underinsured or uninsured defendant provisions of plaintiff's insurance policy.

 If the amount of the verdict or judgment is not satisfied by reason of the monetary limitations of this chapter upon recovery from the State or political subdivision thereof, the plaintiff's insurance company, subject to the underinsured and uninsured defendant provisions of the plaintiff's insurance policy, if any, shall compensate the plaintiff for the difference between the amount of the verdict or judgment and the payment by the political subdivision. If a cause of action is barred under Section 15-78-60 of the 1976 Code, the plaintiff's insurance company must compensate him for his losses subject to the aforementioned provisions of his insurance policy.  HISTORY: 1986 Act No. 463, Section 6.
SC Code § 15-78-200 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-200. Exclusive and sole remedy for torts committed by employee of governmental entity while acting within scope of employee's official duty.

 Notwithstanding any provision of law, this chapter, the "South Carolina Tort Claims Act", is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of the employee's official duty. The provisions of this chapter establish limitations on and exemptions to the liability of the governmental entity and must be liberally construed in favor of limiting the liability of the governmental entity.  HISTORY: 1997 Act No. 155, Part II, Section 55B.  Editor's Note  1997 Act No. 155, Part II, Section 55A provides as follows:  "SECTION 55A. The General Assembly finds:  "(1) that because of the unique nature, role, funding, and function of government, the General Assembly has never intended that the government or taxpayers would be subject to unlimited liability for tort actions against the government;  "(2) this section shall clarify any ambiguity in the General Assembly's intent that there remain reasonable limits upon recovery against the government for tort actions, and that the government is only liable for torts as expressly prescribed and authorized in the 'South Carolina Tort Claims Act'".
SC Code § 15-78-210 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-210. Rights and privileges preserved.

 The provisions of Act 27 of 2005 do not affect any right, privilege, or provision of the South Carolina Tort Claims Act as contained in Chapter 78, Title 15 of the 1976 Code or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56 of Title 33.  HISTORY: 2005 Act No. 27, Section 13, eff March 21, 2005.  Editor's Note  This section was codified and the wording changed for codification purposes at the request of the Code Commissioner.
SC Code § 15-78-220 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 78 - South Carolina Tort Claims Act|Section 15-78-220. Rights and privileges not affected.

 The provisions of Act 32 of 2005 do not affect any right, privilege, or provision of the South Carolina Tort Claims Act as contained in Chapter 78, Title 15 of the 1976 Code or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56 of Title 33.  HISTORY: 2005 Act No. 32, Section 18, eff July 1, 2005.  Editor's Note  This section was codified and altered for purposes of codification at the direction of the Code Commissioner.
SC Code § 15-79-120 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 79 - Medical Malpractice Actions|Section 15-79-120. Mediation and arbitration.

 At any time before a medical malpractice action is brought to trial, the parties shall participate in mediation governed by procedures established in the South Carolina Circuit Court Alternative Dispute Resolution Rules in effect at the time for the State or any portion of the State. Parties may also agree to participate in binding arbitration, nonbinding arbitration, early neutral evaluation, or other forms of alternative dispute resolution.  HISTORY: 2005 Act No. 32, Section 5, eff July 1, 2005, for causes of action arising after that date; 2006 Act No. 354, Section 3, eff June 9, 2006.  Effect of Amendment  The 2006 amendment in the second sentence added "nonbinding arbitration, early neutral evaluation, or other forms of alternative dispute resolution".
SC Code § 15-79-130 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 79 - Medical Malpractice Actions|Section 15-79-130. Report to licensing entity of expert testimony or evidence offered in bad faith or without reasonable basis.

 If a judge finds that an expert health care provider or health care institution in a medical malpractice action in this State has offered testimony or evidence in bad faith or without a reasonable basis in fact or otherwise acted unethically in conjunction with testifying as an expert in deposition or at trial, the judge must report the expert to the state entity that licenses and regulates the profession of the expert or the type of health care entity represented by the expert.  HISTORY: 2005 Act No. 32, Section 5, eff July 1, 2005, for causes of action arising after that date.
SC Code § 15-81-110 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 81 - Successor Asbestos-related Liability Fairness Act|Section 15-81-110. Citation of act.

 This act may be cited as the "Successor Asbestos-Related Liability Fairness Act".  HISTORY: 2006 Act No. 280, Section 1, eff May 23, 2006, applicable to civil actions asserting an asbestos claim filed on or after that date.
SC Code § 15-81-120 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 81 - Successor Asbestos-related Liability Fairness Act|Section 15-81-120. Definitions.

 For the purposes of this chapter:  (1) "Asbestos claim" means a claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or related to asbestos, including:  (a) the health effects of exposure to asbestos, including a claim for:  (i) personal injury or death;  (ii) mental or emotional injury;  (iii) risk of disease or other injury; or  (iv) the costs of medical monitoring or surveillance to the extent these claims are recognized pursuant to state law;  (b) a claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and  (c) a claim for damage or loss caused by the installation, presence, or removal of asbestos.  (2) "Corporation" means a corporation for profit, including a domestic corporation organized pursuant to the laws of this State, or a foreign corporation organized pursuant to laws other than the laws of this State.  (3) "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities.  (4) "Successor asbestos-related liabilities" means liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related to an asbestos claim and were assumed or incurred by a corporation as a result of, or in connection with, a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related to an asbestos claim based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined pursuant to Section 15-81-140, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this State or another jurisdiction.  (5) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.  HISTORY: 2006 Act No. 280, Section 1, eff May 23, 2006, applicable to civil actions asserting an asbestos claim filed on or after that date.
SC Code § 15-81-130 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 81 - Successor Asbestos-related Liability Fairness Act|Section 15-81-130. Applicability of limitations granted successor.

 (A) The limitations of Section 15-81-140 apply to a corporation that is a successor and became a successor before January 1, 1972, or is a successor of that corporation's successors.  (B) The limitations of Section 15-81-140 do not apply to:  (1) workers' compensation benefits paid by or on behalf of an employer to an employee pursuant to Title 42, or a comparable workers' compensation law of another jurisdiction;  (2) a claim against a corporation that does not constitute a successor asbestos-related liability;  (3) an insurance company, as defined in Chapter 1, Title 38;  (4) an obligation pursuant to the National Labor Relations Act, as amended, or pursuant to a collective bargaining agreement; or  (5) a successor that after a merger or consolidation continued in the business of mining asbestos, in the business of selling or distributing asbestos fibers, or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.  HISTORY: 2006 Act No. 280, Section 1, eff May 23, 2006, applicable to civil actions asserting an asbestos claim filed on or after that date.
SC Code § 15-81-140 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 81 - Successor Asbestos-related Liability Fairness Act|Section 15-81-140. Limitation of cumulative successor asbestos-related liabilities of corporation.

 (A) Except as further limited in subsection (B), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation is not responsible for successor asbestos-related liabilities in excess of this limitation.  (B) If the transferor assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, will be substituted for the limitation provided in subsection (A) for purposes of determining the limitation of liability of a corporation.  HISTORY: 2006 Act No. 280, Section 1, eff May 23, 2006, applicable to civil actions asserting an asbestos claim filed on or after that date.
SC Code § 15-81-150 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 81 - Successor Asbestos-related Liability Fairness Act|Section 15-81-150. Establishing fair market value of total gross assets.

 (A) A corporation may establish the fair market value of total gross assets for the purpose of the limitations pursuant to Section 15-81-140 through a method reasonable under the circumstances, including:  (1) by reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or  (2) in the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.  (B) Total gross assets include intangible assets.  (C) Total gross assets include the aggregate coverage pursuant to applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, which insurance has been collected or is collectible to cover successor asbestos-related liabilities except compensation for liabilities arising from a worker's exposure to asbestos solely during the course of his employment by the transferor. A settlement of a dispute concerning the insurance coverage entered into by a transferor or successor with the insurers of the transferor before the effective date of this act is determinative of the aggregate coverage of liability insurance to be included in the calculation of the transferor's total gross assets.  HISTORY: 2006 Act No. 280, Section 1, eff May 23, 2006, applicable to civil actions asserting an asbestos claim filed on or after that date.
SC Code § 15-81-160 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 81 - Successor Asbestos-related Liability Fairness Act|Section 15-81-160. Annual rate of adjustment of fair market value.

 (A) Except as provided in subsections (B), (C), and (D), the fair market value of total gross assets at the time of a merger or consolidation will increase annually at a rate equal to the sum of:  (1) the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case a reasonable determination of the prime rate on the first day of the year may be used; and  (2) one percent.  (B) The rate provided in subsection (A) may not be compounded.  (C) The adjustment of fair market value of total gross assets continues as provided pursuant to the provisions of subsection (A) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.  (D) No adjustment of the fair market value of total gross assets may be applied to liability insurance otherwise included in the definition of total gross assets by Section 15-81-150(C).  HISTORY: 2006 Act No. 280, Section 1, eff May 23, 2006, applicable to all civil actions asserting an asbestos claim filed on or after that date.