SC’s House and Senate reach compromise on lawsuit and insurance overhaul
The agreement, which passed the House on an unrecorded voice vote, came with two days left in the legislative session.
The
The compromise gives bars and restaurants options, as well as requirements, for reducing their minimum insurance coverage for serving alcohol.
It also reforms state rules for personal injury lawsuits that allows businesses to be held 100% financially responsible in a lawsuit even if they're barely at fault.
The agreement allows leaders in both chambers to check off a majority priority of the session.
However, it goes further than the House intended. In March,
And it's not as broad as the bill that passed the
"At the end of the day, this is about not holding our bars and restaurants hostage,"
Lowering the minimum
A 2017 state law has gotten a lot of the blame.
It required bars and restaurants that serve alcohol after
Business owners have told legislators they struggle to stay open. Others said insurance rates resulted in their decision not to expand or open at all.
The compromise would leave the
For example, it would require all businesses that sell alcohol by the drink to have their servers complete alcohol training, which would lower the minimum policy by
But closing before midnight, an option, would reduce coverage by
Restaurants that make most of their money from food instead of alcohol could also get a break. If less than 40% of sales come from alcohol, policies can lower by
By broadening the House bill to lawsuits, Newton said, the compromise addresses another reason for restaurants' hike in premiums: rules known as "joint and several liability." That refers to the possibility of businesses being required to pay the full amount of a court-ordered award even if they're just 1% responsible for whatever happened.
Business owners said it forces them to pay — and perhaps puts them out of business — for things that aren't their fault.
Personal injury lawyers, including those in the Legislature, have argued the law need to ensure victims can be fully compensated for their loss following a tragedy.
Under the compromise, businesses can be held fully responsible if they're more than 50% at fault. If no single business or person meets that threshold, fault will be divided proportionately between all those involved.
The president of the
"We thank the SC House today for moving manufacturers — and the state's business community — another step closer toward achieving the bold goal we set when session began: meaningful reform to our civil litigation system," alliance president and CEO
She said the compromise is "stronger than current law, making the business landscape more predictable, fair and good for
No guarantees
But some legislators said they remain concerned that there's no guarantee the agreement will lead to lower insurance rates.
Rep.
He reiterated a consistent complaint made in both chambers about a lack of testimony from the insurance industry.
"You know who we didn't hear from? Anybody high up in the insurance industry," the Bamberg Democrat said.
"Wouldn't show up, wouldn't talk to anybody, wouldn't give the secret sauce because it's a 'trade secret' about how they even label our state. How they label people at risk, how they determine premiums," he said.
Up next
Senate Majority Leader
"I've told the folks in the House, I can't guarantee you that we're going to be able to concur with that," Massey, R-
"But I don't expect it's going to be easy," he said.


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