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S.C. Code Ann. § 42-5-80

Liability of insurer

Known as the The South Carolina Workers' Compensation Law

The act spans §§ 42-1-10 to 42-9-90 (216 sections).

Applied in 1 court decision — leading case Smith v. Squires Timber Co. (1992)

Most recently applied in Smith v. Squires Timber Co. (April 1992)

1962 Code SECTION 72-408; 1952 Code SECTION 72-408; 1942 Code SECTION 7035-74; 1936 (39) 1231; 1988 Act No. 411, SECTION 2, eff March 28, 1988.

(A) No policy of insurance against liability arising under this title may be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled thereto all benefits conferred by this title, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured or by any default in giving notice required by such policy or otherwise.

(B) Such agreement must be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in his name.

(C) Any insurer who issues a policy of compensation insurance to an employer not subject to this title may not plead as a defense that the employer is not subject to this title and is estopped to deny coverage.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.