reglab/housing_qa huggingface dataset:
SC Code § 38-27-980 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 27 - Insurers' Rehabilitation And Liquidation Act|Section 38-27-980. Attachment, garnishment, and levy of execution.

 During the pendency in this State or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution may be commenced or maintained in this State against the delinquent insurer or its assets.  HISTORY: Former 1976 Code Section 38-5-2480 [1982 Act No. 384, Section 57] recodified as Section 38-27-980 by 1987 Act No. 155, Section 1.
SC Code § 38-27-990 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 27 - Insurers' Rehabilitation And Liquidation Act|Section 38-27-990. Interstate priorities.

 (a) In a liquidation proceeding in this State involving one or more reciprocal states, the order of distribution of the domiciliary state controls as to all claims of residents of this State and reciprocal states. All claims of residents of reciprocal states are given equal priority of payment from general assets regardless of where the assets are located.  (b) The owner of a secured claim against an insurer for which a liquidator has been appointed in this State or any other state may surrender his security and file his claim as a general creditor, or the claim may be discharged by resort to the security in accordance with Section 38-27-600, in which case the deficiency, if any, is treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.  HISTORY: Former 1976 Code Section 38-5-2490 [1982 Act No. 384, Section 58] recodified as Section 38-27-990 by 1987 Act No. 155, Section 1.
SC Code § 38-27-1000 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 27 - Insurers' Rehabilitation And Liquidation Act|Section 38-27-1000. Subordination of claims for noncooperation.

 If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this State any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, must be placed in the class of claims under Section 38-27-610(7).  HISTORY: Former 1976 Code Section 38-5-2500 [1982 Act No. 384, Section 59] recodified as Section 38-27-1000 by 1987 Act No. 155, Section 1.
SC Code § 38-29-10 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-10. Short title.

 This chapter is known and may be cited as the "South Carolina Life and Accident and Health Insurance Guaranty Association Act".  HISTORY: Former 1976 Code Section 38-29-10 [1962 Code Section 37-1400; 1971 (57) 351; 1986 Act No. 426, Section 1] recodified as Section 38-21-10 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-10 [1962 Code Section 37-561; 1972 (57) 2776] recodified as Section 38-29-10 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, reenacted the section with no apparent changes.
SC Code § 38-29-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-30. Declaration of purpose.

 (1) The purpose of this chapter is to protect, subject to certain limitations, the persons specified in Section 38-29-40(1) against failure in the performance of contractual obligations of certain life, health, and annuity policies, plans, or contracts due to the impairment or insolvency of the member insurer issuing these policies, plans, or contracts.  (2) To provide this protection, an association of member insurers is created to pay benefits and continue coverage in the manner provided for in this chapter and the member insurers are subject to an assessment to provide funds to carry out this purpose.  HISTORY: Former 1976 Code Section 38-29-30 [1962 Code Section 37-1402; 1971 (57) 351; 1986 Act No. 426, Section 2] recodified as Section 38-21-30 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-30 [1962 Code Section 37-562; 1972 (57) 2776] recodified as Section 38-29-30 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, rewrote the section.
SC Code § 38-29-50 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-50. Association created; membership as a condition of authority to transact insurance; accounts; supervision.

 (1) There is created a nonprofit legal entity to be known as the South Carolina Life and Accident and Health Insurance Guaranty Association. All member insurers are and must remain members of the association as a condition of their authority to transact insurance in this State. The association shall perform its functions under the plan of operation established and approved under Section 38-29-90 and shall exercise its powers through a board of directors established under Section 38-29-60. For purposes of administration and assessment, the association shall maintain three accounts:  (a) the accident and health insurance account;  (b) the life insurance account; and  (c) the annuity account.  (2) The association is under the immediate supervision of the department and is subject to the applicable insurance laws of this State.  HISTORY: Former 1976 Code Section 38-29-50 [1962 Code Section 37-1404; 1971 (57) 351; 1986 Act No. 426, Section 3] recodified as Section 38-21-50 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-50 [1962 Code Section 37-566; 1972 (57) 2776] recodified as Section 38-29-50 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, reenacted the section with no apparent changes.
SC Code § 38-29-60 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-60. Board of directors.

 (1) The board of directors of the association shall consist of not less than five nor more than eleven members serving terms as established in the plan of operation. Member insurers shall select the members of the board subject to the director's approval. Any vacancies on the board must be filled for the remaining period of the term by a person elected by a majority vote of the remaining board members and subject to approval by the director.  (2) In approving selections or in appointing members to the board, the director shall consider, among other things, whether all member insurers are fairly represented.  (3) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors, but members of the board may not otherwise be compensated by the association for their services.  HISTORY: Former 1976 Code Section 38-29-60 [1962 Code Section 37-1405; 1971 (57) 351; 1986 Act No. 426, Section 4] recodified as Section 38-21-60 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-60 [1962 Code Section 37-567; 1972 (57) 2776] recodified as Section 38-29-60 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, in (1), in the first sentence, substituted "eleven members" for "nine members", and in the third sentence, substituted "by a person elected by a majority vote of the remaining board members and subject to approval by the director" for "in the manner described in the plan of operation".
SC Code § 38-29-100 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-100. Duties and powers of director; suspension or revocation of certificate of authority; appeals from board of directors; notice to interested persons of effect of chapter.

 In addition to the duties and powers enumerated elsewhere in this chapter:  (1) The director or his designee:  (a) shall notify the board of directors of the existence of an impaired insurer no later than three days after a determination of impairment is made or he receives notice of impairment;  (b) shall, upon request of the board of directors, provide the association with a statement of the premiums written in this State and any other appropriate state for each member insurer;  (c) shall, when an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer constitutes notice to its shareholders, if any. The failure of the insurer to comply promptly with the demand does not excuse the association from the performance of its powers and duties under this chapter.  (2) The director or his designee may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the director or his designee may levy a forfeiture on a member insurer that fails to pay an assessment when due. The forfeiture may not exceed five percent of the unpaid assessment per month but may not be less than one hundred dollars a month.  (3) A final action of the board of directors or the association may be appealed to the director as provided by law by any member insurer if the appeal is taken within sixty days of receipt of notice of the final action being appealed. A final action or order of the director is subject to judicial review in a court of competent jurisdiction in accordance with the laws of this State.  (4) The liquidator, rehabilitator, or conservator of an impaired or insolvent insurer may notify all interested persons of the effect of this chapter.  HISTORY: Former 1976 Code Section 38-29-100 [1962 Code Section 37-1408.1; 1971 (57) 351] repealed by 1986 Act No. 426, Section 23; Former 1976 Code Section 38-17-100 [1962 Code Section 37-571; 1972 (57) 2776] recodified as Section 38-29-100 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 11; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, rewrote the section.
SC Code § 38-29-120 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-120. Appointment of special deputy for director.

 The association may recommend the appointment of a person to serve as a special deputy to act for the director or his designee and under his supervision in the liquidation, rehabilitation, or conservation of a member insurer.  HISTORY: Former 1976 Code Section 38-29-120 [1962 Code Section 37-1410; 1971 (57) 351] recodified as Section 38-21-110 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-120 [1962 Code Section 37-573; 1972 (57) 2776] recodified as Section 38-29-120 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, reenacted the section with no apparent changes.
SC Code § 38-29-140 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-140. Examination and regulation of Association; annual reports.

 The association is subject to examination and regulation by the department. The board of directors shall annually submit to the department, by May first, a financial report for the preceding calendar year in a form approved by the director or his designee and a report of its activities during the preceding calendar year.  HISTORY: Former 1976 Code Section 38-29-140 [1962 Code Section 37-1412; 1971 (57) 351; 1986 Act No. 426, Section 8] recodified as Section 38-21-130 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-140 [1962 Code Section 37-575; 1972 (57) 2776] recodified as Section 38-29-140 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, reenacted the section with no apparent changes.
SC Code § 38-29-150 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-150. Exemption of Association from fees and taxes.

 The association is exempt from payment of all fees and all state, county, and municipal taxes.  HISTORY: Former 1976 Code Section 38-29-150 [1962 Code Section 37-1413; 1971 (57) 351; 1986 Act No. 426, Section 9] recodified as Section 38-21-140 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-150 [1962 Code Section 37-576; 1972 (57) 2776] recodified as Section 38-29-150 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, reenacted the section with no apparent changes.
SC Code § 38-29-160 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-160. Showing certificate of contribution as asset; offset of write-off against tax liability; payment of certain refunds to State.

 (1) Unless a longer period has been allowed by the director or his designee, a member insurer, at its option, has the right to show a certificate of contribution as an asset in the form approved by the director or his designee pursuant to Section 38-29-80(8) at percentages of the original face amount approved by the director or his designee, for calendar years as follows:  (a) one hundred percent for the calendar year of issuance;  (b) eighty percent for the first calendar year after the year of issuance;  (c) sixty percent for the second calendar year after the year of issuance;  (d) forty percent for the third calendar year after the year of issuance;  (e) twenty percent for the fourth calendar year after the year of issuance; and  (f) zero percent for the fifth calendar year after the year of issuance and thereafter.  (2) The insurer may offset the amount written off by it in a calendar year under subsection (1) against its premium, or income, tax liability to this State accrued with respect to business transacted in that year.  (3) Any sums acquired by refund, pursuant to Section 38-29-80(6), from the association which have previously been written off by contributing insurers and offset against premium (or income) taxes as provided in subsection (2) of this section and are not then needed for purposes of this chapter must be paid by the association to the department and by him deposited with the State Treasurer for credit to the general fund of this State.  HISTORY: Former 1976 Code Section 38-29-160 derived from 1962 Code Section 37-1414; 1971 (57) 351 recodified as Section 38-21-160 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-160 [1962 Code Section 37-577; 1972 (57) 2776] recodified as Section 38-29-160 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, in (1), inserted the (a) to (f) designators, and made nonsubstantive changes.
SC Code § 38-29-170 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-170. Immunity from liability for action taken under chapter.

 There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer or its agents or employees, the association's agents or employees, members of the board of directors, or the director or his representatives for any action taken or omission by them in the authorized performance of their powers and duties under this chapter. This section does not relieve the association of any of its statutory obligations. The immunity extends to the participation in an organization of one or more state associations of similar purposes and to such organization, its agents, and employees.  HISTORY: Former 1976 Code Section 38-29-170 [1962 Code Section 37-1415; 1971 (57) 351; 1986 Act No. 426, Section 12] recodified as Section 38-21-180 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-170 [1962 Code Section 37-578; 1972 (57) 2776] recodified as Section 38-29-170 by 1987 Act No. 155, Section 1; 1988 Act No. 379, Section 3; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, in the first sentence, inserted "or omission" following "any action taken", in the second sentence, substituted "statutory obligations" for "liability", and added the third sentence.
SC Code § 38-29-180 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-180. Stay of proceedings involving impaired insurer; setting aside default judgment.

 All proceedings in which the impaired or insolvent insurer is a party in any court in this State must be stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict, or finding based on default the association may apply to have the judgment set aside by the same court that made the judgment and must be permitted to defend against the suit on the merits.  HISTORY: Former 1976 Code Section 38-29-180 [1962 Code Section 37-1416; 1971 (57) 351] recodified as Section 38-21-190 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-180 [1962 Code Section 37-579; 1972 (57) 2776] recodified as Section 38-29-180 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, in the first sentence, inserted "or insolvent" following "impaired" and substituted "one hundred eighty days" for "sixty days".
SC Code § 38-29-190 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-190. Final date for filing claims.

 For domestic insolvencies, the court shall fix a date, no less than four months from the date of the order, as the last day for the filing of claims, together with proper proofs thereof, with the association and shall prescribe the notice that must be given to insureds and claimants of the date. Prior to the date fixed the court may extend the time for the filing of claims.  HISTORY: Former 1976 Code Section 38-29-190 [1962 Code Section 37-1417; 1971 (57) 351; 1986 Act No. 426, Section 13] recodified as Section 38-21-200 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-185 [1977 Act No. 69 Section 4] recodified as Section 38-29-190 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."  Effect of Amendment  2020 Act No. 121, Section 1.A, In the first sentence, substituted "For domestic insolvencies, the court shall fix a date, no less than" for "The court shall fix a date, not less than".
SC Code § 38-29-210 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association|Section 38-29-210. Construction.

 This chapter must be liberally construed to effect the purpose under Section 38-29-30 which constitutes an aid and guide to interpretation.  HISTORY: Former 1976 Code Section 38-29-200 [1962 Code Section 37-1418; 1971 (57) 351] recodified as Section 38-21-210 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-190 [1962 Code Section 37-564; 1972 (57) 2776] recodified as Section 38-29-200 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631. Formerly Code 1976 Section 38-29-200, renumbered by 2020 Act No. 121, Section 1.A, eff March 24, 2020.  Editor's Note  2020 Act No. 121, Section 1.B, provides as follows:  "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."