reglab/housing_qa huggingface dataset:
SC Code § 38-43-470 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-470. Agreements not subject to Section 38-55-50; producer or agency presumed to be acting in own right.

 (A) Agreements or arrangements for the advancing of insurance premiums by an insurance producer, agency, or producer of record under this article are not subject to Section 38-55-50, relating to the incorporation of collateral agreements effecting the insurance into the policies or contracts of insurance so affected.  (B) A producer or agency which, pursuant to this article, advances premiums in behalf of an insured or applicant for insurance to an insurer for which the producer or agency is licensed is conclusively presumed to be acting in his or its own right and for the protection of his or its own financial interests with respect to the lien provided in this article. No request by the producer or agency to the insurer to cancel a policy, nor the assertion or perfection of the lien by the producer or agency, is considered to create a conflict in interest nor is any act of a producer, agency, or producer of record in causing cancellation of a policy because of the default of the insured in his obligation or in asserting or perfecting the lien void or voidable because of a claimed conflict in interest.  HISTORY: Former 1976 Code Section 38-51-480 [1962 Code Section 37-259.13; 1969 (56) 780] recodified as Section 38-43-470 by 1987 Act No. 155, Section 1; 2002 Act No. 323, Section 2, eff January 31, 2003.
SC Code § 38-43-480 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-480. Promulgation of regulations; severability.

 (A) The director or his designee may promulgate reasonable regulations that are necessary or proper to carry out the purposes of this chapter.  (B) If any provisions of this chapter, or the application of a provision to any person or circumstance, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held invalid, is not affected.  HISTORY: 2002 Act No. 323, Section 2, eff January 31, 2003.
SC Code § 38-43-610 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-610. Definitions.

 For the purposes of this article:  (1) "Licensee" means a person who holds a limited license.  (2) "Limited license" means the authority of a person authorized to sell certain insurance pursuant to the provisions of this article.  (3) "Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a storage space provided by a self-service storage facility for rental or lease.  (4) "Owner" means the owner of a self-service storage facility or his agent.  (5) "Occupant" means a person or his lessee, successor, or assignee entitled to the use of the storage space at a self-storage facility under a rental agreement to the exclusion of others.  (6) "Self-service storage facility" means real property designed and used for the sole purpose of renting or leasing individual storage space to occupants given access to this storage space for the sole purpose of storing and removing personal property.  (7) "Rental period" means the term of a rental agreement.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.
SC Code § 38-43-620 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-620. Issuance of limited license.

 The director or his designee may issue a limited license to an owner who has complied with the requirements of this article.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.
SC Code § 38-43-630 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-630. Application for limited license; fee; renewal; advertising.

 (A) Before issuing a limited license, an application for a limited license must be filed with the director, signed by an officer of the applicant, on a form prescribed by the department. An applicant for a limited license must be approved and vouched for by an official or licensed representative of the insurer for which the applicant proposes to act pursuant to Section 38-43-40 and Section 38-43-50. An application must be accompanied by a forty dollar fee. A limited license must be renewed biennially before May first of odd numbered years on a renewal application form provided by the department, and this form must be accompanied by a forty dollar renewal fee. The department shall cancel a license that is not renewed as required by this section. The licensee may reinstate a license within six months after the renewal deadline by paying the forty dollar renewal fee and a forty dollar reinstatement fee. A limited license fee is not refundable.  (B) A limited license holder must not advertise, represent, or otherwise hold itself or its employee out as a licensed insurer, insurance agent, or insurance broker.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.
SC Code § 38-43-640 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-640. Licensee must be owner or employee of facility; insurance that may be sold or offered for sale.

 (A) A licensee must be the owner of a self-service rental facility or his employee or agent.  (B) A licensee only may sell or offer to sell insurance in connection with, and incidental to, the rental of a self-storage space in the owner's facility. This insurance only may provide coverage for:  (1) casualty loss of the property contained in the self-storage space;  (2) liability insurance for personal injuries, excluding injuries compensable by workers' compensation, arising on the premises of the individual self-storage space; or  (3) both.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.
SC Code § 38-43-650 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-650. Licensee to provide written document.

 (A) Prior to issuing a policy under the provisions of this chapter, a licensee shall provide a written document that:  (1) summarizes clearly and correctly the material terms of coverage offered to an occupant, including the identity of the insurer;  (2) discloses that the coverage offered by the self-service storage facility may provide a duplication of coverage already provided by a homeowners' insurance policy or other source of coverage in effect for the occupant;  (3) describes the process for filing a claim if the occupant elects to purchase coverage and in the event of a claim; and  (4) states that the charges for coverage are itemized and ancillary to the rental agreement.  (B) If the rental agreement requires the occupant to provide insurance of the type described in Section 38-43-640(B), this requirement may be satisfied if the occupant:  (1) purchases this coverage from a licensee; or  (2) provides evidence of this coverage from another source.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.
SC Code § 38-43-660 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-660. Employees or agents of owner authorized to act.

 (A) The employee or agent of an owner who is a licensee may act individually on behalf, and under the supervision of, the owner-licensee with respect to providing coverage for which the licensee is authorized to provide, but only if the owner instructs the employee or agent about the kinds of insurance sold pursuant to the owner's license.  (B) The provisions of this chapter do not prohibit:  (1) the payment or receipt of a commission for the sale of insurance that the licensee is authorized to sell; and  (2) the payment of a bonus, incentive payment, or compensation by a licensee to his employee or agent; provided, however, that these payments may not be made based on the completion of a sale of insurance coverage.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.
SC Code § 38-43-670 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-670. Prohibited requirements of licensee, employee, or agent.

 Notwithstanding another provision of this chapter, a regulation promulgated by the department, or an order issued by the director, a licensee, his employee, and agent must not be required to:  (1) act as a fiduciary of money received from the sale of insurance authorized to be sold under the provisions of this chapter; or  (2) hold this money in a separate trust account if the insurer represented by the license holder provides written consent, signed by an officer of the insurer, that a premium is not required to be segregated from money received by the license holder because of the consumer transaction associated with the coverage.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.
SC Code § 38-43-680 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-680. Revocation or suspension of license; penalties.

 The director may, after notice and opportunity for a hearing, respond to a violation of a provision of this chapter under the provisions of Section 38-2-10 by:  (1) revoking or suspending a limited license; or  (2) imposing other penalties, including suspending the transaction of insurance at a specific rental location where a violation of this chapter occurred, as the director considers necessary or convenient to carry out the provisions of this chapter.  HISTORY: 2014 Act No. 226 (S.1065), Section 1, eff June 2, 2014.  ARTICLE 6  Limited Lines Travel Insurance Act
SC Code § 38-43-710 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-710. Short title.

 This article must be known and may be cited as the "Limited Lines Travel Insurance Act".  HISTORY: 2016 Act No. 159 (H.4141), Section 1, eff July 20, 2016; 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.  Effect of Amendment  2021 Act No. 50, Section 3, reenacted the section with no apparent change.
SC Code § 38-43-715 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-715. Application of article.

 (A) This article applies to travel insurance sold, solicited, negotiated, or offered in this State that covers a resident in this State and is delivered or issued for delivery in this State. It does not apply to cancellation fee waivers and travel assistance services except as expressly provided herein.  (B) All other applicable provisions of this title continue to apply to travel insurance. In the event of a conflict between a provision of this article and any other applicable provisions of this title, the provision of this article controls.  HISTORY: 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.
SC Code § 38-43-725 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-725. Classification and filing of travel insurance; eligibility and underwriting standards.

 (A) Notwithstanding any other provision of this title, travel insurance must be classified and filed for purposes of rates and forms as inland marine insurance; provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or an inland marine line of insurance.  (B) Travel insurance may be in the form of an individual, group, or blanket policy.  (C) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet this state's underwriting standards for inland marine insurance.  HISTORY: 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.
SC Code § 38-43-740 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-740. Compensation.

 A travel retailer, whose insurance-related activities are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer, may receive compensation for these activities upon registration by the limited lines travel insurance producer as provided in Section 38-43-730(A)(2).  HISTORY: 2016 Act No. 159 (H.4141), Section 1, eff July 20, 2016; 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.  Effect of Amendment  2021 Act No. 50, Section 3, reenacted the section with no apparent changes.
SC Code § 38-43-750 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-750. Reserved.

 HISTORY: Former Section, titled Policy, had the following history: 2016 Act No. 159 (H.4141), Section 1, eff July 20, 2016. Reserved by 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.
SC Code § 38-43-760 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-760. Responsibility.

 As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this article.  HISTORY: 2016 Act No. 159 (H.4141), Section 1, eff July 20, 2016; 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.  Effect of Amendment  2021 Act No. 50, Section 3, reenacted the section with no apparent change.
SC Code § 38-43-770 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-770. Violations of article.

 The director may, after notice and opportunity for a hearing, respond to a violation of a provision of this article by a limited lines travel insurance producer or by the travel retailer offering and disseminating travel insurance under the provisions of Section 38-2-10 by:  (1) revoking or suspending the license of the limited lines travel insurance producer; or  (2) imposing other penalties, including directing the suspension or termination of authority of the involved travel retailer to offer and disseminate travel insurance, as the director considers necessary or convenient to carry out the purposes of this article.  HISTORY: 2016 Act No. 159 (H.4141), Section 1, eff July 20, 2016; 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.  Effect of Amendment  2021 Act No. 50, Section 3, reenacted the section with no apparent change.
SC Code § 38-43-780 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-780. Premium tax on travel insurance premiums.

 (A) A travel insurer shall pay premium tax pursuant to Section 38-7-20 on travel insurance premiums paid by:  (1) an individual primary policyholder who is a resident of this State;  (2) a primary certificate holder who is a resident of this State who elects coverage under a group travel insurance policy; or  (3) a blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in, this State for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premiums on an apportioned basis in a reasonable and equitable manner in those jurisdictions.  (B) A travel insurer shall:  (1) document the state of residence or principal place of business of the policyholder or certificate holder, as required in subsection (A); and  (2) report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.  HISTORY: 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.
SC Code § 38-43-790 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-790. Travel protection plans.

 Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this State if:  (1) the travel protection plan clearly discloses to the consumer at or prior to the time of purchase that it includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity at or prior to the time of purchase for the consumer to obtain additional information regarding the features and pricing of each; and  (2) the fulfillment materials:  (a) describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and  (b) include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.  HISTORY: 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.
SC Code § 38-43-810 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-810. Licensing requirements for travel administrators for travel insurance.

 (A) Notwithstanding any other provisions of this title, no person may act or represent himself as a travel administrator for travel insurance in this State unless that person:  (1) is a licensed property and casualty insurance producer in this State for activities permitted under that producer license;  (2) holds a valid managing general agent license in this State;  (3) holds a valid third-party administrator license in this State; or  (4) holds a valid managing general underwriter license in this State.  (B) A travel administrator and its employees are exempt from the licensing requirements of Section 38-47-10 for the travel insurance it administers.  (C) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the director upon request.  HISTORY: 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.
SC Code § 38-43-820 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 43 - Insurance Producers And Agencies|Section 38-43-820. Regulations.

 The department may promulgate regulations to implement the provisions of this article.  HISTORY: 2021 Act No. 50 (S.435), Section 3, eff May 17, 2021.
SC Code § 38-44-10 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 44 - Managing General Agents Act|Section 38-44-10. Short title.

 This chapter may be cited as the "Managing General Agents Act".  HISTORY: 1992 Act No. 363, Section 1, eff December 31, 1992.
SC Code § 38-44-20 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 44 - Managing General Agents Act|Section 38-44-20. Definitions.

 As used in this chapter:  (1) "Actuary" means a person who is a member in good standing of the American Academy of Actuaries.  (2) "Insurer" means a domestic insurer as defined in Section 38-1-20(17).  (3)(a) "Managing general agent", MGA, means a person who:  (i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office; and  (ii) acts as an agent for the insurer whether known as a MGA, a manager, or another similar term, who with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five percent of the policyholder surplus as reported in the last annual statement of the insurer in one quarter or year with one or both of the following activities related to the business produced:  a. adjusts or pays claims in excess of five thousand dollars;  b. negotiates ceding reinsurance contracts on behalf of the insurer.  (b) Notwithstanding subitem (a), the following are not considered as MGAs for the purposes of this chapter:  (i) an employee of the insurer;  (ii) a United States manager of the United States branch of an alien insurer;  (iii) an underwriting manager which, pursuant to contract, manages all or part of the insurance operations of the insurer, is under common control with the insurer, and is subject to the Insurance Holding Company Regulatory Act and whose compensation is not based on the volume of premiums written;  (iv) the attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney;  (4) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.  HISTORY: 1992 Act No. 363, Section 1, eff December 31, 1992; 2004 Act No. 291, Section 10, eff July 29, 2004.
SC Code § 38-44-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 44 - Managing General Agents Act|Section 38-44-30. License required to act as managing general agent; bond requirements.

 (A) No person may act in the capacity of a MGA with respect to risks located in this State for an insurer licensed in South Carolina unless the person is licensed as an agent for that insurer in this State.  (B) No person may act in the capacity of a MGA representing an insurer domiciled in this State with respect to risks located outside South Carolina unless the person is licensed properly as an agent or broker in that state and licensed as an insurance agent in this State for that insurer. The license may be a nonresident license.  (C) For the protection of the insurer, the director or his designee shall require the MGA to obtain a bond of fifty thousand dollars for each insurer represented.  HISTORY: 1992 Act No. 363, Section 1; 1993 Act No. 181, Section 667.