reglab/housing_qa huggingface dataset:
SC Code § 38-73-1340 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1340. Appeal by minority.

 Any member of or subscriber to a rating organization may appeal to the Administrative Law Court from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization. The Administrative Law Court shall, after a hearing held before it upon not less than thirty days' written notice to the appellant and to the rating organization, issue an order approving the action or decision of the rating organization or directing it to give further consideration to the proposal, or, if the appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, Administrative Law Court may, in the event it finds that the action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings on behalf of its members and subscribers in a manner consistent with its findings, within a reasonable time after the issuance of the order.  If the appeal in the case of an insurer to whom the provisions of Article 5 of this chapter are applicable is based upon the failure of the rating organization to make a filing on behalf of the member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in item (2) of Section 38-73-430, from the system of expense provisions included in a filing made by the rating organization, the Administrative Law Court shall, if it grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding the appeal the Administrative Law Court shall apply the standards set forth in Section 38-73-430.  The actual cost to the Administrative Law Court, and the Department of Insurance provided it participates in the hearing, in connection with the appeal may be charged by the Administrative Law Court to the parties making the appeal in any proportion he considers proper and must be immediately paid by the respective parties.  HISTORY: Former 1976 Code Section 38-43-1040 [1947 (45) 322; 1952 Code Section 37-734; 1960 (51) 1646; 1962 Code Section 37-734] recodified as Section 38-73-1340 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1350 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1350. Cooperation.

 Notwithstanding the provisions of Sections 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, 38-73-1420, and 38-73-1430, after public hearing the director or his designee may prohibit cooperation among or within property/casualty rating or advisory organizations by insurers or among or within these rating or advisory organizations and insurers in rate making or in other matters within the scope of this chapter, except to the extent that these organizations may compile and disseminate only historic loss data with no mathematical trending or analytical methodologies, upon a finding by the director or his designee that the anti-competitive effects of this cooperation outweigh practical constraints of prohibitions. All property/casualty filings are subject to prior approval by the director or his designee. The provisions of Title 1, Chapter 23 (Administrative Procedures Act) apply to all property/casualty rate filings.  HISTORY: Former 1976 Code Section 38-43-1050 [1947 (45) 322; 1952 Code Section 37-735; 1962 Code Section 37-735] recodified as Section 38-73-1350 by 1987 Act No. 155, Section 1; 1989 Act No. 148, Section 41(A); 1993 Act No. 181, Section 783.
SC Code § 38-73-1360 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1360. Actuarial, technical, and other services.

 Any rating organization serving insurers to which the provisions of Article 3 of this chapter apply may subscribe for or purchase actuarial, technical, or other services and these services must be available to all insurers who are members and subscribers of the organization without discrimination.  HISTORY: Former 1976 Code Section 38-43-1060 [1947 (45) 322; 1952 Code Section 37-736; 1962 Code Section 37-736] recodified as Section 38-73-1360 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1370 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1370. Rating organizations not permitted to file certain rate increases; filing pure loss component of rate or premium; use of approved pure loss component by members or subscribers.

 After June 30, 1989, no rating organization may file a rate increase with the department for any previously approved final rate or premium charge for any private passenger automobile insurance coverage. A rating organization may file the pure loss component of the rate or premium charge for any private passenger automobile insurance coverage, by class and territory, for the approval of the director or his designee. The director or his designee may approve the pure loss component of the rate or premium charge for use by the members or subscribers of the rating organization. No member or subscriber may use the approved pure loss component of the rate or premium charge unless and until the expense component of the rate or premium charge has also been filed with the department and approved by the director or his designee pursuant to Section 38-73-1380.  HISTORY: 1989 Act No. 148, Section 41(B); 1993 Act No. 181, Section 783; 2000 Act No. 312, Section 18.
SC Code § 38-73-1380 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1380. Approval of final rate or premium charge required; computation of final rate or premium charge; approval of expense component filed by each member or subscriber independently.

 After June 30, 1989, no member or subscriber of a rating organization may utilize a rate or premium charge for any private passenger automobile insurance coverage unless and until the final rate or premium charge has been filed with the division and approved by the director or his designee. After the effective date of this section, the final rate or premium charge is the pure loss component filed and approved by a rating organization on behalf of its members or subscribers added to the expense component of the rate or premium charge, filed with the department and approved by the director or his designee, by each member or subscriber of a rating organization independently.  Any expense component filed by a member or subscriber of a rating organization may be approved by the director or his designee subject to Section 38-73-1370 and all other requirements of this chapter.  HISTORY: 1989 Act No. 148, Section 41(B); 1991 Act No. 129, Section 1; 1993 Act No. 181, Section 783; 2000 Act No. 312, Section 19.
SC Code § 38-73-1400 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1400. Definition of pure loss component, expense component, and final rate or premium charge.

 (1) After June 30, 1989, the "pure loss component" of the final rate or premium charge for private passenger automobile insurance is that portion of the final rate or premium charge applicable to calendar/accident year incurred losses (the sum of paid losses plus loss reserves including incurred but not reported loss reserves) and loss adjustment expense (those expenses directly related to the payment of claims) in this State, trended to include both the past and prospective loss experience. If the insurer writes one percent or more of the written premium for automobile insurance during the previous calendar year, that insurer must file its own trending methodology as independently derived.  (2) The "expense component" of the final rate or premium charge for private passenger automobile insurance is that portion of the final rate or premium charge applicable to production costs (including commissions and other acquisition expenses), underwriting costs, administrative costs (including the actual costs of taxes, licenses and fees), and profit margin in this State.  (3) The "final rate or premium charge" is the approved pure loss component added to the approved expense component. In the determination of whether the pure loss component should be approved and in the determination of whether the expense component should be approved, neither may be inadequate, excessive, nor unfairly discriminatory and the director or his designee shall take into account investment income from unearned premium and loss reserves, surplus and realized capital gains.  HISTORY: 1989 Act No. 148, Section 41(B); 1993 Act No. 181, Section 783.
SC Code § 38-73-1410 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1410. Refiling of final rates or premium charges previously approved not required.

 After June 30, 1989, upon the effective date of this section, nothing herein should be construed to require a rating organization or its members or subscribers to immediately refile final rates or premium charges previously approved by the director or his designee for private passenger automobile insurance coverages. Members or subscribers of a rating organization are authorized to continue to use automobile insurance rates or premium charges, approved before the effective date of this section, or decreases from those rates or premium charges filed by the rating organization and, subsequently, approved after the effective date of this section.  HISTORY: 1989 Act No. 148, Section 41(B); 1993 Act No. 181, Section 783.
SC Code § 38-73-1420 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1420. Board of Governors of Reinsurance Facility to file expense component; use of component after approval.

 After June 30, 1989, the Board of Governors of the South Carolina Reinsurance Facility shall file an expense component for private passenger automobile insurance rate or premium charges after the rating organization with the largest number of members or subscribers has filed a pure loss component for private passenger automobile insurance with the director or his designee. Upon the approval of such component by the director or his designee, those automobile insurers designated pursuant to Section 38-77-590(A), for risks written by them through producers designated pursuant to that same section, shall utilize these final rate or premium charges. Automobile insurers designated pursuant to Section 38-77-590(A) are not required to use those same final rates or premium charges for risks written through their agents not appointed pursuant to Section 38-77-590.  HISTORY: 1989 Act No. 148, Section 41(B); 1993 Act No. 181, Section 783.
SC Code § 38-73-1425 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1425. Final rate or premium charge for private passenger automobile insurance risk ceded to reinsurance facility.

 The final rate or premium charge for a private passenger automobile insurance risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e) is the final rate or premium charge required by Section 38-73-1420 or the final rate or premium charge approved for use by the insurer, whichever is greater.  HISTORY: 1991 Act No. 113, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1430 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1430. Authority to extend provisions of Sections 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410 to other lines of insurance.

 After June 30, 1989, the director or his designee may extend the provisions of Sections 38-73-1370, 38-73-1380, 38-73-1400, and 38-73-1410 to other lines of property and casualty insurance, by order, after public hearing, when the determination is made that to do so is in the public interest.  HISTORY: 1989 Act No. 148, Section 41(B); 1993 Act No. 181, Section 783.
SC Code § 38-73-1510 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1510. "Advisory organization" defined.

 Every group, association, or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings or rating organizations in rate making by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but which does not make filings under this chapter, is known as an "advisory organization".  HISTORY: Former 1976 Code Section 38-43-1210 [1947 (45) 322; 1952 Code Section 37-741; 1962 Code Section 37-741] recodified as Section 38-73-1510 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1520 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1520. Filing certain data and agreement authorizing examination.

 Every advisory organization shall file with the department:  (1) a copy of its constitution, its articles of agreement or association or certificate of incorporation, and its bylaws, rules, and regulations governing its activities;  (2) a list of its members;  (3) the name and address of a resident of this State upon whom notices or orders of the director or his designee or process issued at his discretion may be served;  (4) an agreement that the director or his designee may examine the advisory organization in accordance with the provisions of Section 38-73-90.  HISTORY: Former 1976 Code Section 38-43-1220 [1947 (45) 322; 1952 Code Section 37-742; 1962 Code Section 37-742] recodified as Section 38-73-1520 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1530 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1530. Requiring discontinuance of certain acts or practices.

 If, after a hearing, the director or his designee finds that the furnishing of information or assistance involves any act or practice which is unfair, unreasonable, or otherwise inconsistent with the provisions of this chapter, he may issue a written order specifying in what respects the act or practice is unfair, unreasonable, or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of the act or practice.  HISTORY: Former 1976 Code Section 38-43-1230 [1947 (45) 322; 1952 Code Section 37-743; 1962 Code Section 37-743] recodified as Section 38-73-1530 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1540 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1540. Rate filings may not be supported by data from unauthorized advisory organization.

 No insurer which makes its own filings nor any rating organization may support its filings by statistics or adopt rate-making recommendations furnished to it by an advisory organization which has not complied with this article or with an order of the director or his designee involving statistics or recommendations issued under Section 38-73-1530. If the director or his designee finds an insurer or rating organization to be in violation of this section, he may issue an order requiring the discontinuance of the violation.  HISTORY: Former 1976 Code Section 38-43-1240 [1947 (45) 322; 1952 Code Section 37-744; 1962 Code Section 37-744] recodified as Section 38-73-1540 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1710 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1710. Regulation of joint underwriting and joint reinsurance.

 Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance is subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other provisions of this chapter, and, with respect to joint reinsurance, to Sections 38-73-90 to 38-73-130.  HISTORY: Former 1976 Code Section 38-43-1310 [1947 (45) 322; 1952 Code Section 37-751; 1962 Code Section 37-751] recodified as Section 38-73-1710 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1720 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1720. Discontinuance of unfair activity or practice may be ordered.

 If, after a hearing, the director or his designee finds that any activity or practice of any such group, association, or other organization is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he may issue a written order specifying in what respects the activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of the activity or practice.  HISTORY: Former 1976 Code Section 38-43-1320 [1947 (45) 322; 1952 Code Section 37-752; 1962 Code Section 37-752] recodified as Section 38-73-1720 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-74-40 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 74 - Health Insurance Pool|Section 38-74-40. Administration of pool.

 (A) The board shall select an insurer through a competitive bidding process to administer the pool. The board shall evaluate bids submitted based on criteria established by the board which includes:  (1) the insurer's proven ability to handle accident and health insurance;  (2) the efficiency of the insurer's claim-paying procedures;  (3) an estimate of total charges for administering the plan;  (4) the insurer's ability to administer the pool in a cost-efficient manner;  (B)(1) The administering insurer shall serve for a period of three years subject to removal for cause.  (2) At least one year prior to the expiration on each three-year period of service by an administering insurer, the board shall invite all insurers, including the current administering insurer, to submit bids to serve as the administering insurer for the succeeding three-year period. Selection of the administering insurer for the succeeding period must be made at least six months prior to the end of the current three-year period.  (C)(1) The administering insurer shall perform all eligibility and administrative claims payment functions relating to the pool.  (2) The administering insurer shall establish a premium billing procedure for collection of premium from insured persons. Billings must be made on a periodic basis as determined by the board.  (3) The administering insurer shall perform all necessary functions to assure timely payment of benefits to a covered person under the pool including:  (a) making available information relating to the proper manner of submitting a claim for benefits to the pool and distributing forms upon which submission must be made;  (b) evaluating the eligibility of each claim for payment by the pool.  (4) The administering insurer shall submit regular reports to the board regarding the operation of the pool. The frequency, content, and form of the report are determined by the board.  (5) Following the close of each fiscal year, the administering insurer shall determine the net loss for the year and report this information to the board and the department on a form prescribed by the commissioner.  (6) The administering insurer is paid as provided in the plan of operation for its expenses incurred in the performance of its services.  HISTORY: 1989 Act No. 127, Section 4.
SC Code § 38-74-50 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 74 - Health Insurance Pool|Section 38-74-50. Insurer's assessment.

 (A) Each insurer's assessment is determined by multiplying the net loss of pool operation by a fraction, the numerator of which equals that insurer's total premium and subscriber contract charges for health insurance written in the State during the preceding calendar year, and the denominator of which equals the total of all health premiums and subscriber contract charges written by all insurers in the State during the preceding calendar year. Health insurance premiums that are less than an amount determined by the board to justify the cost of collection are not considered for purposes of determining assessments.  (B) If assessments exceed the net loss of pool operation, the excess must be held at interest and used by the board to offset future losses or to reduce pool premiums. As used in this subsection, "future losses" includes reserves for incurred but not reported claims.  (C)(1) Each member's proportion of participation in the pool is determined annually by the board based on annual statements and other reports considered necessary by the board and filed by the member with it.  (2) Any deficit incurred by the pool may be recouped by assessments apportioned under subsection (A) of this section by the board among members.  (D) The board may abate or defer, in whole or in part, the assessment of a member if, in the opinion of the board, payment of the assessment would endanger the ability of the member to fulfill its contractual obligations. In the event an assessment against a member is abated or deferred in whole or in part, the amount by which the assessment is abated or deferred may be assessed against the other members in a manner consistent with the basis for assessments set forth in subsection (A) of this section. The member receiving abatement or deferment shall remain liable to the pool for the deficiency for four years.  HISTORY: 1989 Act No. 127, Section 5.
SC Code § 38-74-70 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 74 - Health Insurance Pool|Section 38-74-70. Immunity.

 (A) Neither the participation in the pool as members, the establishment of rates, forms, or procedures nor any other joint or collective action required by this chapter may be the basis of any legal action, criminal or civil liability, or penalty against the pool or any of its members.  (B) There is no liability on the part of, and no cause of action of any nature may arise against, a member insurer or its agents or employees, the pool's agents, employees, or board of directors, or the director, his designees or his representatives, for any act or omission in the performance of their powers and duties under this chapter. This section does not relieve the pool of any of its liability.  HISTORY: 1989 Act No. 127, Section 7; 1993 Act No. 181, Section 791.