reglab/housing_qa huggingface dataset:
SC Code § 38-73-1090 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1090. Determination of discrimination and removal.

 The director or his designee, upon his own motion, or upon written complaint, has the power in the first instance to determine whether or not any rate fixed by any individual, bureau, or insurer is unfairly discriminatory. If he concludes, after careful and diligent inquiry and a full hearing and investigation, that there is unfair discrimination, he shall order the discrimination removed and require the individual rate maker, bureau, or insurer to promulgate a rate which is not unfairly discriminatory.  HISTORY: Former 1976 Code Section 38-43-770 [1947 (45) 322; 1952 Code Section 37-707; 1962 Code Section 37-707] recodified as Section 38-73-1090 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1097 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1097. Applicability of certain provisions.

 Notwithstanding any other provision of law, the provisions of Section 38-73-1095(C) and Section 38-75-755 do not apply to an insurer who issues a single or dual interest coverage property insurance policy provided through, placed by, or obtained by the creditor, lender, finance company, financial institution, bank, mortgage company, or entity having a security interest in or mortgage on the property.  HISTORY: 2008 Act No. 326, Section 15, eff June 16, 2008.
SC Code § 38-73-1100 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1100. Determination of excessive or unreasonable rates; general reduction; refund.

 If at any time it appears to the director or his designee that rates charged for property, casualty, surety, marine, title, or allied lines of insurance in this State are excessive or unreasonable, in that the results of the business of the insurer in this State during the five years immediately preceding the year in which the investigation is made, as indicated by the insurer's annual statements and any supplements to them, show an aggregate operating profit in excess of a reasonable amount, then the director or his designee may order a general reduction in rates which will reduce the operating profit to a reasonable amount. Any reduction ordered by the director or his designee must be applied to the class or classes of risks as the insurer or rating bureau may elect, and they may not be compelled to reduce rates on classes which have not produced a reasonable operating profit for the five-year period. In addition to ordering a general reduction in rates, the director or his designee may also order a pro rata refund of any excessive or unreasonable profits found to have been realized by the insurer, together with interest. The director or his designee shall determine the rate of interest which must be the insurer's average rate of return for the five-year period. Any refund which is ordered must be equitably apportioned among the policyholders entitled to it, and may be given either in the form of a cash refund or as a credit toward future premiums or a combination of these two methods. In determining the question of a reasonable operating profit under this section, the director or his designee as a protection to policyholders shall give proper and reasonable consideration to conflagration liabilities, both within and without this State.  HISTORY: Former 1976 Code Section 38-43-780 [1947 (45) 322; 1952 Code Section 37-708; 1962 Code Section 37-7] recodified as Section 38-73-1100 by 1987 Act No. 155, Section 1; 1988 Act No. 442, Section 1; 1988 Act No. 673, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1105 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1105. Insurer's use of definition of "underinsured motor vehicle".

 The definition of "underinsured motor vehicle" contained in Section 38-77-30(15) may not be used by an insurer unless the insurer reduces his rate for underinsured motorist coverage by an amount determined appropriate by the director or his designee and refunds any such premium that the director or his designee determines is necessary to correspond with the new definition. An insurer may not use the definition in its settlement negotiations unless the insurer has filed and the director or his designee has approved an endorsement to its contract. If an insurer uses the new definition in its negotiations with a person before having the contract endorsed it is an unfair claims practice and, in addition, is bad faith entitling the injured person to reasonable attorney fees, punitive damages, and all actual damages.  HISTORY: 1988 Act No. 503; 1993 Act No. 181, Section 783.
SC Code § 38-73-1110 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1110. Regulation of calculation and refunding of excess profit.

 In order to assure fair implementation of Section 38-73-1100, the department shall promulgate a regulation concerning the calculation and refunding of excess profits. The regulation shall include consideration of:  (1) the total operating profits of each insurer in this State for the lines of insurance enumerated in Section 38-73-1100;  (2) the margin by which any insurer's operating results differ from the insurance industry's total results;  (3) the amount of excessive profits earned after the effective date of the refund provision of Section 38-73-1100;  (4) the insurers that operate in this State as affiliates of a group; and  (5) the development period used to determine if unpaid losses are fairly estimated.  HISTORY: 1988 Act No. 673, Section 2; 1993 Act No. 181, Section 783.
SC Code § 38-73-1120 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1120. Provisions to ensure expenses are allocated and treated properly; penalty.

 (A) No automobile insurer or representative of any automobile insurer may wilfully include in a private passenger automobile insurance rate filing any expense or loss which was generated in whole or part by either another line of insurance or general expenses or overhead applicable to all lines, unless the insurer has allocated properly the expense or loss among all its lines of insurance. The insurer's compliance with generally accepted accounting and actuarial principles constitutes a complete defense to an action brought under this section. No insurer may adopt a different method or usage of allocating or treating expenses or losses for purposes of rate filings in South Carolina from that which it uses in other states for similar lines of insurance, unless different treatment is required by statute or regulation.  (B) The director or his designee, at least once every four years, shall make or cause to be made, for each insurer which writes more than one percent of the private passenger market in South Carolina, an examination of each insurer's books, records, and accounts to ensure that the expenses are being allocated or treated properly. In lieu of an independent examination, the director or his designee may request a sworn affidavit from the insurer's controller, accountant, or actuary that the companies' expenses are being allocated and treated properly and that private passenger automobile insureds are not being charged an inequitable or unfair share of the insurer's expenses, acquisition costs, overhead, or other expenses. The director or his designee shall survey for the companies at appropriate intervals a comparison of the acquisition cost of private passenger business in South Carolina versus other similar states in which the companies do business.  (C) An insurer violating the provisions of this section is subject to a civil penalty of not less than twenty-five thousand dollars. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not less than ten thousand dollars, or both.  HISTORY: 1989 Act No. 148, Section 32; 1993 Act No. 181, Section 783.
SC Code § 38-73-1210 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1210. Members of rating organization not required to file individually; rates for members in first year; collection, compilation and dissemination of premium data.

 (A)(1) This item applies to property and casualty insurance but does not apply to workers' compensation insurance. An insurer may satisfy its obligation to make required filings by becoming a member of, or a subscriber to, a licensed rating organization which makes filings and by authorizing the director or his designee to accept the filings on its behalf. However, notwithstanding another provision of this article, a member or subscriber, within twelve months after its membership or subscribership, may not file to adopt a rate approved for use for the rating organization if the rate is more than the rate in use by the member or subscriber before its membership or subscribership in the rating organization. Further, notwithstanding the provisions of Sections 38-73-1300 and 38-73-1310, a member or subscriber, within twelve months after its membership or subscribership, may not be granted an upward deviation from its rate in use when becoming a member or subscriber. However, if a rate increase for the rating organization is approved within twelve months after an insurer becomes a member or subscriber, the member or subscriber may increase its rates by the same percentage of increase granted the rating organization. Nothing contained in this chapter may be construed to require an insurer to become a member of or a subscriber to a rating organization.  (2) This item applies to workers' compensation insurance. An insurer may satisfy its obligation to make required filings by becoming a member of, or a subscriber to, a licensed rating organization that makes filings and by authorizing the director or his designee to accept the filings on its behalf. However, a licensed rating organization may not satisfy the insurer's obligation to make filings required pursuant to Section 38-73-525.  (B) In addition to other activities not prohibited by this chapter, a rating organization may collect, compile, and disseminate to insurers compilations of past and current premiums of insurers.  HISTORY: Former 1976 Code Section 38-43-910 [1947 (45) 322; 1952 Code Section 37-721; 1962 Code Section 37-721; 1977 Act No. 162] recodified as Section 38-73-1210 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783; 1998 Act No. 291, Section 2; 2016 Act No. 213 (S.1064), Section 2, eff June 3, 2016.  Effect of Amendment  2016 Act No. 213, Section 2, rewrote (A), establishing that an insurer writing workers' compensation insurance may satisfy its filing obligation by becoming a member of or subscriber to a licensed rating organization.
SC Code § 38-73-1215 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1215. Applicability to self-insurers.

 Nothing in Section 38-73-1210 applies to self-insurers.  HISTORY: 1998 Act No. 291, Section 3.
SC Code § 38-73-1220 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1220. Application for license as rating organization.

 A corporation, an unincorporated association, a partnership, or an individual, whether located within or outside this State, may make application to the director or his designee for a license as a rating organization for the kinds of insurance or subdivisions thereof or, in the case of insurance to which Article 3 of this chapter is applicable, classes of risk or parts or combinations thereof as are specified in its application and shall file therewith:  (1) a copy of its constitution, its articles of agreement or association or certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business;  (2) a list of its members and subscribers;  (3) the name and address of a resident of this State upon whom notices or orders of the director or his designee or process affecting the rating organization may be served;  (4) a statement of its qualification as a rating organization.  HISTORY: Former 1976 Code Section 38-43-920 [1947 (45) 322; 1952 Code Section 37-722; 1962 Code Section 37-722] recodified as Section 38-73-1220 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1230 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1230. Issuance or denial of license; duration; fee.

 If the director or his designee finds that the applicant is competent, trustworthy, and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business conform to the requirements of law, he shall issue a license specifying the kinds of insurance or subdivision or class of risk or part or combination thereof for which the applicant is authorized to act as a rating organization. Every application must be granted or denied in whole or in part by the director or his designee within sixty days of the date of its filing with him. Licenses issued pursuant to this section remain in effect for an indefinite term unless sooner suspended or revoked by the director or his designee. The fee for the license is two hundred dollars owed and payable annually by March first.  HISTORY: Former 1976 Code Section 38-43-930 [1947 (45) 322; 1948 (45) 1734; 1952 Code Section 37-723; 1962 Code Section 37-723; 1980 Act No. 306, Section 2] recodified as Section 38-73-1230 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1240 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1240. Suspension or revocation of license.

 Licenses issued pursuant to Section 38-73-1230 may be suspended or revoked by the director or his designee, after hearing upon notice, in the event the rating organization ceases to meet the requirements of this article.  HISTORY: Former 1976 Code Section 38-43-940 [1947 (45) 322; 1952 Code Section 37-724; 1962 Code Section 37-724] recodified as Section 38-73-1240 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1250 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1250. Changes within rating organization.

 Every rating organization shall notify the director or his designee promptly of every change in:  (1) its constitution, its articles of agreement or association or certificate of incorporation, or its bylaws, rules, and regulations governing the conduct of its business;  (2) its lists of members and subscribers;  (3) the name and address of the resident of this State designated by it upon whom notices or orders of the director or his designee or process affecting the rating organization may be served.  HISTORY: Former 1976 Code Section 38-43-950 [1947 (45) 322; 1952 Code Section 37-725; 1962 Code Section 37-725] recodified as Section 38-73-1250 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1260 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1260. Subscribers to rating organizations.

 Subject to rules and regulations which have been approved by the department as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any kind of insurance, subdivision, or class of risk or part or combination thereof for which it is authorized to act as a rating organization. If the rating organization refuses to admit an insurer as a subscriber or fails to grant or reject an insurer's application for subscribership within thirty days after it was made, the insurer may request a review by the director or his designee. Upon review the failure to act must be treated as a rejection of the application. If the director or his designee finds at a hearing, held upon at least thirty days' written notice to the rating organization, that the insurer has been refused admittance to the rating organization as a subscriber without justification, he shall order the rating organization to admit the insurer as a subscriber. If he finds that the action of the rating organization was justified, the director or his designee shall make an order affirming its action.  Each rating organization shall furnish its rating services without discrimination to its members and subscribers.  HISTORY: Former 1976 Code Section 38-43-960 [1947 (45) 322; 1952 Code Section 37-726; 1962 Code Section 37-726] recodified as Section 38-73-1260 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1270 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1270. Changes in rules and regulations; review of reasonableness.

 Notice of proposed changes in the rules and regulations referred to in Section 38-73-1260 must be given to subscribers.  The reasonableness of any rule or regulation in its application to subscribers must, at the request of any subscriber or any insurer, be reviewed by the director or his designee at a hearing held upon at least thirty days' written notice to the rating organization and to the subscriber or insurer. If the director or his designee finds that the rule or regulation is unreasonable in its application to subscribers, he shall order that the rule or regulation is not applicable to subscribers.  HISTORY: Former 1976 Code Section 38-43-970 [1947 (45) 322; 1952 Code Section 37-727; 1962 Code Section 37-727] recodified as Section 38-73-1270 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1280 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1280. Rules may not regulate certain payments.

 No rating organization may adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.  HISTORY: Former 1976 Code Section 38-43-980 [1947 (45) 322; 1952 Code Section 37-728; 1962 Code Section 37-728] recodified as Section 38-73-1280 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1290 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1290. Filings must be adhered to.

 Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by the organization, except as provided in Sections 38-73-1300 and 38-73-1310.  HISTORY: Former 1976 Code Section 38-43-990 [1947 (45) 322; 1952 Code Section 37-729; 1962 Code Section 37-729] recodified as Section 38-73-1290 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-1300 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1300. Application for modification by fire or inland marine insurer.

 A member of or subscriber to a rating organization to whom the provisions of Article 3 of this chapter are applicable may make written application to the director or his designee for permission to file a modification from the class loss costs, schedules, rating plans, or rules respecting any kind of insurance or class of risk within a kind of insurance or any combination of them. The application must specify the basis for the modification. A copy of the application must be sent simultaneously to the rating organization.  HISTORY: Former 1976 Code Section 38-43-1000 [1947 (45) 322; 1952 Code Section 37-730; 1962 Code Section 37-730] recodified as Section 38-73-1300 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783; 2001 Act No. 82, Section 28, eff July 20, 2001.
SC Code § 38-73-1310 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1310. Application for modification by casualty or automobile insurer.

 A member of or subscriber to a rating organization to whom the provisions of Article 5 of this chapter are applicable may make written application to the department for permission to file a uniform percentage decrease or increase to be applied to the premiums produced by the rating system filed for a kind of insurance or for a class of insurance which is found by the director or his designee to be a proper rating unit for the application of such uniform percentage decrease or increase or for a subdivision of a kind of insurance. The application must specify the basis for the modification and must be accompanied by the data upon which the applicant relies. A copy of the application and data must be sent simultaneously to the rating organization.  HISTORY: Former 1976 Code Section 38-43-1010 [1947 (45) 322; 1952 Code Section 37-731; 1962 Code Section 37-731] recodified as Section 38-73-1310 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783; 2001 Act No. 82, Section 29, eff July 20, 2001.
SC Code § 38-73-1330 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-1330. Examination of policies and other papers; correction of errors.

 Any rating organization acting for insurers to whom the provisions of Article 3 of this chapter are applicable may provide with respect to such insurers for the examination of policies, daily reports, binders, renewal certificates, endorsements, or other evidences of insurance, or the cancellation thereof, and may make reasonable rules governing their submission. The rules shall contain a provision that, in the event an insurer does not within sixty days furnish satisfactory evidence to the rating organization of the correction of any error or omission previously called to its attention by the rating organization, the rating organization shall notify the director or his designee thereof. All information so submitted for examination is confidential.  HISTORY: Former 1976 Code Section 38-43-1030 [1947 (45) 322; 1952 Code Section 37-733; 1962 Code Section 37-733] recodified as Section 38-73-1330 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.