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South Carolina Umbrella and Excess Liability Guide

Section 38-77-140 prohibits delivery of an automobile policy on a vehicle principally garaged or used in South Carolina unless it insures liability at $25,000 for bodily injury to one person, $50,000 for two or more persons, and $25,000 for property. The section also says nothing in the article prevents a policy providing liability coverage in excess of those requirements. Since January 1, 2026, section 15-38-15(A) provides that joint and several liability does not apply to a defendant whose conduct is less than 50 percent of the total fault for indivisible damages, and that defendant is liable only for that percentage. Total fault includes other defendants and tortfeasors and the plaintiff’s comparative negligence. 1,2

What Is Umbrella And Excess Liability?

Umbrella or excess insurance adds liability limits above the policies named in the quote after a covered claim exhausts their limits. It may fit if a contract sets higher limits; check which primary policies are listed and any gaps between them. Read the national Umbrella and excess liability guide.

South Carolina Requirements

RequirementDetails
Automobile policy bodily-injury and property limitsSection 38-77-140(A) requires $25,000 because of bodily injury to one person, $50,000 because of bodily injury to two or more persons, and $25,000 because of injury to or destruction of property, exclusive of interest and costs. Subsection (B) says nothing in the article prevents a policy providing liability coverage in excess of these requirements. The excess permission is not a mandate to buy a particular umbrella limit. 1

What to Watch for in South Carolina

  • The insurance article already says a higher limit is allowed

    Subsection (B) of 38-77-140 is the statutory place to point if a certificate holder claims the state forbids limits above $25,000/$50,000/$25,000. The umbrella still has to meet its own scheduled-underlying condition. A policy written only at the statutory floor can satisfy 38-77-140 and fail the excess form. 1

  • Under 50 percent of total fault, the defendant pays that percentage only

    The text of section 15-38-15 effective January 1, 2026 says joint and several liability does not apply to a defendant whose conduct is less than 50 percent of total fault for the indivisible damages. Total fault compares that defendant with all defendants and tortfeasors and with the plaintiff’s comparative negligence. That defendant shall only be liable for that percentage of the indivisible damages. The section heading also identifies willful or reckless conduct and drug exceptions. Read those later subsections before you treat every defendant as several. 2

  • Use the section that took effect on January 1, 2026

    The code publishes a section 15-38-15 effective until January 1, 2026 and a section effective January 1, 2026. A loss dated in 2025 can still be on the earlier text. A loss dated on or after January 1, 2026 uses the later text. Put the accident date next to the version before you tell the excess carrier whether a co-defendant’s share can be collected from the insured. 2

Who Regulates Insurance in South Carolina

South Carolina Department of Insurance

The South Carolina Department of Insurance licenses and regulates insurance companies and producers and accepts complaints involving entities it licenses and policies incepted in South Carolina. Its consumer page links to the online complaint form and explains limits on the Department’s authority. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 6% blended broker premium tax: 4% state plus 2% municipal SCDOI’s January 2026 instructions set a 6% blended surplus-lines broker premium tax: 4% state and 2% municipal; the Department collects both and the Municipal Association of South Carolina allocates the municipal share. The filing system also asks brokers to identify one to three insurers that declined the indicated coverage; check the policy notice for any guaranty-association disclosure. 6,7

Providers With Documented State Licenses

These providers publish a national listing for Umbrella and excess liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in South Carolina. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 10
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 13
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 14

Questions to Ask Before You Buy in South Carolina

  1. Is the auto policy at least $25,000/$50,000/$25,000, and does the umbrella’s schedule accept that underlying limit?
  2. Is the defendant’s fault under 50 percent of the total that includes the plaintiff, so that the January 1, 2026 text limits liability to that percentage?
  3. Do the willful, reckless, or drug provisions later in section 15-38-15 take this defendant out of the under-50-percent rule?

Umbrella And Excess Liability in South Carolina: FAQ

Can a South Carolina auto policy provide more than the statutory minimum? 1

Yes. Section 38-77-140(B) says nothing in the article prevents a policy providing liability coverage in excess of the $25,000/$50,000/$25,000 requirements. 1

When is a South Carolina defendant limited to a fault percentage? 2

Under section 15-38-15 as effective January 1, 2026, a defendant whose conduct is less than 50 percent of total fault for indivisible damages is liable only for that percentage. Total fault includes other tortfeasors and the plaintiff’s comparative negligence. The section also contains willful, reckless, and drug provisions. 2

Umbrella And Excess Liability in Other States

Other Coverage in South Carolina

Sources

  1. S.C. Code § 38-77-140, Bodily injury and property damage limits. South Carolina Legislature; Subsection (A): $25,000/$50,000 bodily injury and $25,000 property; subsection (B): excess coverage is not prohibited. Accessed 2026-09-29.
  2. S.C. Code § 15-38-15, Fault below fifty percent. South Carolina Legislature; Text effective January 1, 2026, subsection (A): a defendant under 50 percent of total fault is liable only for that percentage of indivisible damages. Accessed 2026-09-29.
  3. south-carolina insurance regulator. State insurance regulator; Official home and consumer services pages describe regulator scope. Accessed 2026-09-28.
  4. SCDOI Online Services. State insurance regulator; General Public offers Licensee Lookup for licensed individuals and insurers. Accessed 2026-09-28.
  5. SCDOI Consumer Services. State insurance regulator; Complaint process and stated authority covers licensed entities and policies incepted in SC; online complaint form is linked. Accessed 2026-09-28.
  6. 2026 Surplus Lines Filing Instructions. South Carolina Department of Insurance; Pages 1–2, January 26 2026 memo: 6% blended rate, 4% state plus 2% municipal; DOI collects both and MASC allocates municipal portion. Accessed 2026-09-28.
  7. 2026 Surplus Lines Filing Instructions. South Carolina Department of Insurance; Pages 1–2, Jan. 26, 2026 instructions: broker filing due-diligence field requires one to three named insurers declining the indicated coverage. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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