reglab/housing_qa huggingface dataset:
SC Code § 38-73-420 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-420. Insurance subject to both this article and Article 3.

 If any kind of insurance, subdivision, or combination thereof or type of coverage subject to this article is also subject to regulation under Article 3 of this chapter, an insurer to which both articles are otherwise applicable shall file with the department a designation as to which regulatory article shall be applicable to it with respect to that kind of insurance, subdivision, or combination thereof or type of coverage.  HISTORY: Former 1976 Code Section 38-43-420 [1947 (45) 322; 1952 Code Section 37-682; 1962 Code Section 37-682] recodified as Section 38-73-420 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-425 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-425. Absence of credit information.

 Absence of credit information may be used by an insurer for underwriting purposes only if the insurer presents information satisfactory to the director that the absence is related to the risk.  HISTORY: 2004 Act No. 290, Section 6, eff July 29, 2004.
SC Code § 38-73-430 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-430. Making of rates.

 Rates must be made in accordance with the following provisions:  (1) Due consideration must be given to past and prospective loss experience within and outside this State, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and contingencies, to dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers, to past and prospective expenses, both countrywide and those specially applicable to this State, and to all other relevant factors within and outside of this State.  (2) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group with respect to any kind of insurance or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable.  (3) Risks may be grouped by classifications for the establishment of rates and minimum premiums, and classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring any variations in hazards or expense provisions, or both, that can be demonstrated to have a probable effect upon losses or expenses.  (4) Rates may not be excessive, inadequate, or unfairly discriminatory.  (5) Due consideration must be given to assessments for purposes such as the guaranty fund, wind and hail joint underwriting association, and similar mechanisms.  Except to the extent necessary to meet the provisions of item (4) of this section, uniformity among insurers in any matters within the scope of this section is neither required nor prohibited.  HISTORY: Former 1976 Code Section 38-43-430 [1947 (45) 322; 1952 Code Section 37-683; 1962 Code Section 37-683] recodified as Section 38-73-430 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783; 2004 Act No. 315, Section 1, eff October 12, 2004.
SC Code § 38-73-440 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-440. Certain factors may not be considered in determining automobile insurance rates.

 In determining the premium rates to be charged on automobile insurance, it is unlawful to consider race, religion, national origin, or economic status.  HISTORY: Former 1976 Code Section 38-37-360 [1962 Code Section 37-591.16; 1974 (58) 2718] recodified as Section 38-73-440 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-470 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-470. Disposition of uninsured motorist premium.

 Two dollars of the yearly premium for uninsured motorist coverage is directed to be paid to the South Carolina Department of Motor Vehicles to be allocated in the manner provided in Section 56-10-552 on a quarterly basis. Interest earned by the "Uninsured Fund" must be retained by that fund. There is no requirement for an insurer or an agent to offer underinsured motorist coverage at limits less than the statutorily required bodily injury or property damage limits.  HISTORY: Former 1976 Code Section 56-9-840 [1962 Code Section 46-750.33:1; 1971 (57) 854; 1974 (58) 2718] recodified as Section 38-73-470 by 1987 Act No. 155, Section 1; Reenacted, 1991 Act No. 11, Section 1; 1993 Act No. 181, Section 787; 1993 Act No. 181, Section 783; 1997 Act No. 154, Section 3; 2002 Act No. 324, Section 9, eff July 1, 2002; 2012 Act No. 264, Section 1, eff June 18, 2012; 2016 Act No. 275 (S.1258), Section 10, eff July 1, 2016.  Editor's Note  2002 Act No. 324, Section 12, provides as follows:  "This act takes effect July 1, 2002; provided, however, that Section 56-10-650 and Sections 5, 6, and 9 are effective one hundred eighty days after the latter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of final regulations by the department."  Effect of Amendment  2016 Act No. 275, Section 10, amended the section, providing that all or a portion of the fees or fines collected by the department of motor vehicles shall be credited to the state highway fund.
SC Code § 38-73-480 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-480. Rate for group automobile insurance.

 An automobile insurance contract sold on the basis of a group plan or contract pursuant to Section 38-77-130 shall have a rate not less than five percent less than the individual rate for which the insurer markets a substantially similar policy.  HISTORY: Former 1976 Code Section 38-37-350 [1962 Code Section 37-591.15; 1974 (58) 2718] recodified as Section 38-73-480 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-490 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-490. Workers' compensation rates.

 To secure fair, reasonable, adequate, and nondiscriminatory rates for workers' compensation insurance the director or his designee shall approve the rate for each classification under which workers' compensation insurance is written, which rate and classification must be the same for all insurers. The director or his designee shall, in approving the rates, make use of the experience data which may be available and any other helpful information that may be obtainable.  A proceeding under this section is considered a proceeding to fix or alter rates for consumer services in relation to the duties of the Division of Consumer Advocacy.  HISTORY: Former 1976 Code Section 42-5-90 [1936 (39) 1231; 1937 (40) 613; 1942 Code Section 7035-76; 1952 Code Section 72-409; 1962 Code Section 72-409; 1960 (51) 1646; 1980 Act No. 517 Part II, Section 20] recodified as Section 38-73-490 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-495 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-495. Authority to disapprove previously approved rate for classification of worker's compensation insurance; reassignment of classifications; time for filing appeal.

 The director or his designee may:  (1) disapprove a previously approved rate for any classification for workers' compensation insurance upon a finding that the rate for that classification is excessive, inadequate, or unfairly discriminatory;  (2) require the division of a particular classification into separate classifications, or the joining of separate classifications into one classification, upon a finding that such action is in the public interest;  (3) direct that a particular risk be classified in a particular classification upon a finding that a risk is classified incorrectly;  (4) disapprove an experience modification rate for workers' compensation insurance upon a finding that the rate is excessive, inadequate, or unfairly discriminatory. This includes an experience modification rate that fails to account for third party reimbursements, including the Second Injury Fund. Appeals regarding experience modification rates must first be exhausted through the National Council on Compensation Insurance's dispute resolution process prior to appealing with the Department of Insurance.  Appeals to the department must be filed within one year of policy expiration date or cancellation date, whichever comes first.  HISTORY: 1990 Act No. 321, Section 1; 1990 Act No. 600, Section 1; 1993 Act No. 181, Section 783; 2000 Act No. 312, Section 17; 2007 Act No. 111, Pt II, Section 1, eff July 1, 2007, applicable to injuries that occur on or after that date.
SC Code § 38-73-500 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-500. Merit rating for workers' compensation insurance; credit; testing.

 (A) For the purpose of uniformity and equality the director or his designee shall approve a system of merit rating for use in the writing of workers' compensation insurance. No system of merit rating except the one so approved may be used.  (B) This system of merit rating shall include a credit of at least five percent for an insured who participates in a program designed to prevent the use of drugs or alcoholic beverages on the job by employees of the insured. The credit must be actuarially sound and filed with the director or his designee. However, if the director determines that a credit of at least five percent is not actuarially sound, the director shall allow and order a credit of less than five percent which is actuarially sound. The director or his designee shall provide for certification of an employer drug prevention program and shall promulgate regulations for the implementation of this subsection including, but not limited to, the establishment of guidelines or a plan defining a qualified employer drug prevention program eligible for the credit which shall be used by the insurer unless the insurer has established its own guidelines or plan. In the establishment of guidelines or a plan by the director or insurer concerning a qualified drug prevention program eligible for the credit, the guidelines or plan shall include the policy statement and employee notification requirement pursuant to Section 41-1-15.  (C) The testing procedure established by the insurer, employer, or his designee, or, approved by the director, must include a provision for random sampling of all persons who receive wages and compensation in any form from the employer. If a second test is administered, the testing procedure may allow for a single sample to be split for use in the first and second tests. Positive test results must be provided in writing to the employee within twenty-four hours of the time the employer receives the test results. Each employer must keep records of each test for up to one year.  HISTORY: Former 1976 Code Section 42-5-100 [1936 (39) 1231; 1937 (40) 613; 1942 Code Section 7035-76; 1952 Code Section 72-410; 1960 (51) 1646; 1962 Code Section 72-410] recodified as Section 38-73-500 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783; 1997 Act No. 92, Section 1; 2014 Act No. 197 (S.826), Section 1, eff June 2, 2014.  Effect of Amendment  2014 Act No. 197, Section 1, in subsection (C), substituted "If a second test is administered, the testing procedure may allow for a single sample to be split for use in the first and second tests" for "and must provide for a second test to be administered within thirty minutes of the administration of the first test".
SC Code § 38-73-505 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-505. Reductions in premiums.

 For each policy of workers' compensation insurance issued or renewed in the State on or after October 1, 1997, there shall be granted by the insurer a reduction in premium of not less than five percent pursuant to Section 38-73-500 as contained and amended in Section 1 of 1997 Act No. 92.  HISTORY: 1997 Act No. 92, Section 3.
SC Code § 38-73-510 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-510. Nonpartisan rating bureau for workers' compensation.

 Every workers' compensation insurer, including the parties to any mutual insurance association, must be a member of a nonpartisan rating bureau. The stock and nonstock insurers which are members of the bureau must be represented in the bureau management and on all committees of the bureau. One-half of the members of each committee must be chosen by the stock companies and one-half by the nonstock companies. In a case of a tie vote on any committee the director or his designee shall cast the deciding vote.  HISTORY: Former 1976 Code Section 42-5-110 [1936 (39) 1231; 1937 (40) 613; 1942 Code Section 7035-76; 1952 Code Section 72-411; 1960 (51) 1646; 1962 Code Section 72-411] recodified as Section 38-73-510 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-515 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-515. Deductibles.

 (A) Each insurer issuing a policy of workers' compensation insurance shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under Title 42. Deductible amounts offered must be disclosed fully to the prospective policyholder in writing in the amount of one hundred dollars, two hundred dollars, three hundred dollars, four hundred dollars, five hundred dollars, or increments of five hundred dollars up to a maximum of two thousand five hundred dollars for each compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount.  (B) If the policyholder exercises the option and chooses a deductible, the insured employer is liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. The payment or nonpayment of deductible amounts by the insured employer to the insurer must be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.  (C) Optional deductibles must be offered in each policy insuring liability for workers' compensation which is issued, delivered, issued for delivery, or renewed after June 30, 1996, unless an insured employer and insurer agree to renegotiate a workers' compensation insurance policy in effect on July 1, 1996, so as to include a provision allowing for a deductible.  (D) Premium reduction for deductibles must be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this section must not be included as benefits paid so as to harm the experience rating of the employer.  (E) This section does not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation established pursuant to the laws of this State.  HISTORY: 1996 Act No. 424, Section 9.
SC Code § 38-73-520 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-520. Rate filings required.

 Every insurer must file with the department, except as to exempt commercial policies, every manual of classifications, rules, and rates, every rating plan, and every modification of any of these which it proposes to use. The filing exemption shall not apply to loss cost filings by advisory or rating organizations or to the multiplier for expenses, assessments, profit, and contingencies and any modifications to loss costs used by a workers' compensation insurer to be applied to approved loss costs to develop the insurer's rates as provided in Section 38-73-525. Every filing must state the proposed effective date and indicate the character and extent of the coverage contemplated.  HISTORY: Former 1976 Code Section 38-43-440 [1947 (45) 322; 1952 Code Section 37-684; 1962 Code Section 37-684] recodified as Section 38-73-520 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783; 2000 Act No. 235, Section 7; 2002 Act No. 300, Section 3, eff January 1, 2003; 2007 Act No. 111, Pt III, Section 1, eff July 1, 2007, applicable to injuries that occur on or after that date.
SC Code § 38-73-526 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-526. Report as to availability and affordability of workers' compensation coverage.

 The director or his or her designee must issue a report to the General Assembly by the first of January each year that evaluates the state of the workers' compensation insurance market in this State. The report must contain an analysis of the availability and affordability of workers' compensation coverage and document that the department has complied with the provisions of Sections 38-73-430 and 38-73-525 with regard to both workers' compensation loss cost filings submitted by an advisory or rating organization and multiplier filings submitted by every insurer writing workers' compensation insurance.  HISTORY: 2007 Act No. 111, Pt III, Section 7, eff July 1, 2007, applicable to injuries that occur on or after that date.
SC Code § 38-73-530 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-530. Competitive rate on specific risk.

 The director or his designee may, upon the filing with him of an affidavit setting forth information required by him, grant permission to a licensed insurer to make a rate competing with any nonlicensed insurer in any specific risk.  HISTORY: Former 1976 Code Section 38-43-450 [1947 (45) 322; 1952 Code Section 37-685; 1962 Code Section 37-685] recodified as Section 38-73-530 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-545 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-545. Applicability to self-insurers.

 Nothing in Section 38-73-540 applies to self-insurers.  HISTORY: 1998 Act No. 291, Section 3.
SC Code § 38-73-710 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-710. State Rating and Statistical Division established; executive director.

 There is established within the department a State Rating and Statistical Division which is under the administrative direction of the Director of the Department of Insurance. Nothing precludes the appointment by the director of a deputy director of any person who is now or may hereafter be an employee of the department, in addition to or substitution for his other duties or responsibilities.  HISTORY: Former 1976 Code Section 38-37-510 [1962 Code Section 37-591.21; 1974 (58) 2718] recodified as Section 38-73-710 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-740 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-740. Certain information must be retained; inspection by applicant.

 All information, including investigative and credit reports used in determining the classification or premium rates of any person applying for automobile insurance, must be kept on file by the insurer for at least three years from the date the application was made. Upon request of the applicant, the contents of the file must be made available for inspection by the applicant and copies of the documents must be furnished the applicant if he pays the cost of reproducing the copies.  HISTORY: Former 1976 Code Section 38-37-330 [1962 Code Section 37-591.13; 1974 (58) 2718] recodified as Section 38-37-740 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-915 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-915. Authority granted director or designee; effect of legislation and court decisions.

 (A) The director or his designee in reviewing rate filings may take into consideration recently passed legislation or recently rendered court decisions which will have an effect on insurance rates. The director or his designee may use such information to reduce or increase the rate level of the insurer or the rating organization.  (B) The director or his designee may order an insurer or rating organization to reduce or increase its current rate levels as a result of recently passed legislation or recently rendered court decisions. The director or his designee shall give the insurer or rating organization and the Consumer Advocate thirty days notice of his intention to order a reduction or increase in an insurer's or rating organization's rate level. The insurer or rating organization or the Consumer Advocate may request a hearing before the director or his designee under the Administrative Procedures Act to contest the proposed order. The Consumer Advocate may participate as a party in any such hearings.  HISTORY: 1989 Act No. 148, Section 30; 1993 Act No. 181, Section 783.