reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 87 - Regulation And Taxation Of Risk Retention Groups And Purchasing Groups › Section 38-87-80. Purchasing group; notice of intent to do business; notice of changes; designation of commissioner as agent for service; exceptions; additional information.

(A) A purchasing group prior to doing business in this State shall furnish notice to the department, on forms prescribed or approved by it, which shall:
(1) identify the state in which the group is domiciled;
(2) identify all other states in which the group intends to do business;
(3) specify the lines and classifications of liability insurance which the purchasing group intends to purchase;
(4) identify the insurance company from which the group intends to purchase its insurance and the domicile of such company;
(5) specify the method by which, and the person, if any, through whom insurance will be offered to its members whose risks are resident or located in this State;
(6) identify the principal place of business of the group;
(7) provide other information as may be required by the director or his designee to verify that the purchasing group is qualified under Section 38-87-20(10).
(B) A purchasing group shall notify, within ten days, the director or his designee of any changes in any of the items set forth in subsection (A) of this section.
(C) The purchasing group shall register with the department and designate the Director of the Department of Insurance as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements do not apply in the case of a purchasing group which satisfies the director or his designee that it only purchases insurance that was authorized under the Federal Products Liability Risk Retention Act of 1981, and:
(1) that in any state of the United States (a) it was domiciled before April 1, 1986; and (b) it is domiciled on and after October 27, 1986;
(2) that (a) before October 27, 1986, it purchased insurance from an insurance carrier licensed in any state; and (b) since October 27, 1986, it purchased its insurance from an insurance carrier licensed in any state; or
(3) that it was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986.
(D) Each purchasing group that is required to give notice pursuant to subsection (A) of this section also shall furnish such information as may be required by the director or his designee to:
(1) verify that the entity qualifies as a purchasing group;
(2) determine where the purchasing group is located;
(3) determine appropriate tax treatment.
HISTORY: 1988 Act No. 355, Section 1; 1993 Act No. 181, Section 842.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 87 - Regulation And Taxation Of Risk Retention Groups And Purchasing Groups › Section 38-87-90. Purchase of insurance from nonstate chartered group or nonstate admitted insurer; notice requirements; deductible or self-insured retention not permitted; aggregate limits on purchase.

(A) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of that state.
(B) A purchasing group which obtains liability insurance from an approved surplus lines insurer not admitted in this State or a risk retention group shall inform each of the members of the group which has a risk resident or located in this State that the risk is not protected by an insurance insolvency guaranty fund in this State and that the risk retention group or the insurer may not be subject to all insurance laws and regulations of this State.
(C) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole. However, coverage may provide for a deductible or self-insured retention applicable to individual members.
(D) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.
HISTORY: 1988 Act No. 355, Section 1; 1991 Act No. 13, Section 29.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 87 - Regulation And Taxation Of Risk Retention Groups And Purchasing Groups › Section 38-87-100. Premium taxes.

Premium taxes and other taxes on premiums paid for coverage of risks resident or located in this State by a purchasing group or any members of the purchasing group are imposed and must be paid as follows:
(1) If the insurer is an admitted insurer, taxes are imposed on the insurer at the same rate and in the same manner and subject to the same procedures, interest, and penalties as that applicable to premium taxes and other taxes imposed on other admitted liability insurers relative to coverage of risks resident or located in this State.
(2) If the insurer is an approved nonadmitted surplus lines insurer, taxes are imposed on the licensed broker who effected coverage on risks resident or located in this State at the same rate and in the same manner and subject to the same procedures, interest, and penalties as that applicable to taxes imposed on other licensed brokers effecting coverage with approved nonadmitted surplus lines insurers on risks resident or located in this State.
HISTORY: 1988 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 87 - Regulation And Taxation Of Risk Retention Groups And Purchasing Groups › Section 38-87-110. Powers of Director of the Department of Insurance; applicable procedures; injunctive relief.

(A) The director or his designee is authorized to use any power established under this title to enforce the insurance laws of this State not specifically preempted by the Liability Risk Retention Act of 1986, including, but without limitation, the administrative authority of the director or his designee to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose monetary penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the director or his designee may rely on the procedural laws of this State.
(B) Whenever the director or his designee determines that any person, risk retention group, purchasing group, or insurer of a purchasing group has violated, is violating, or is about to violate any provision of this chapter or any other insurance law of this State applicable to such person or entity, or has failed to comply with a lawful order of his, he may, in addition to any other lawful remedies or penalties, cause a complaint to be filed in the Court of Common Pleas for Richland County to enjoin and restrain such person, risk retention group, purchasing group, or insurer from engaging in such violation, or to compel compliance with such order of the director or his designee. The court has jurisdiction of the proceeding and has the power to enter a judgment and order for injunctive or other relief. In any action by the director or his designee under this subsection, service of process must be made upon the Secretary of State, who shall forward the order, pleadings, or other process to the person, risk retention group, purchasing group, or insurer in accordance with the procedures specified in Section 38-25-510. Nothing herein may be construed to limit or abridge the authority of the director or his designee to seek injunctive relief in any district court of the United States as provided in Section 38-87-130.
HISTORY: 1988 Act No. 355, Section 1; 1993 Act No. 181, Section 843.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 87 - Regulation And Taxation Of Risk Retention Groups And Purchasing Groups › Section 38-87-120. License required to solicit, negotiate or procure liability insurance; notice to insured.

(A) Risk retention group. No person may act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this State from a risk retention group unless such person is licensed as an insurance agent for the risk retention group in accordance with Chapter 43 of this title or is licensed as a broker in accordance with Chapter 45.
(B) Purchasing groups.
(1) No person may act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this State for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless such person is licensed as an insurance agent for the insurer or risk retention group in accordance with Chapter 43 of this title or is licensed as a broker in accordance with Chapter 45 of this title.
(2) No person may act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in this State for any member of a purchasing group under a purchasing group's policy unless such person is licensed as an insurance agent for the insurer in accordance with Chapter 43 of this title or is licensed as a broker in accordance with Chapter 45 of this title.
(3) No person may act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an approved nonadmitted surplus lines insurer on behalf of a purchasing group located in this State unless such person is licensed as a broker in accordance with Chapter 45 of this title.
(C) For purposes of acting as an agent or broker for a risk retention group or purchasing group pursuant to Subsections (A) and (B) of this section, the requirement of residence in this State does not apply.
(D) Every person licensed as an agent or broker as required in this section, on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice required by Section 38-87-40(7) in the case of a risk retention group and Section 38-87-90(A) in the case of a purchasing group.
HISTORY: 1988 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 87 - Regulation And Taxation Of Risk Retention Groups And Purchasing Groups › Section 38-87-130. U.S. District Court injunctions enforceable in state courts.

An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that such a group is in hazardous financial or financially impaired condition is enforceable in the courts of this State.
HISTORY: 1988 Act No. 355, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-10. Definitions.

As used in this chapter:
(1) "Association" means a joint underwriting association established pursuant to this subdivision.
(2) "Day care liability insurance" means insurance protection against the day care liability of the insured and against loss, damage, or expense incident to a claim arising out of day care service to a person as the result of negligence in rendering or failing to render day care service.
(3) "Net direct premiums" means gross direct premiums written on bodily injury liability insurance, other than automobile liability insurance, homeowners liability insurance, and farmowners liability insurance, including the liability component of multiple peril package policies, as computed by the director or his designee less return premiums or the unused or unabsorbed portions of premium deposits.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 15; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-20. Joint underwriting association created; purpose; when activated.

(A) A joint underwriting association is created, consisting of all insurers authorized to write within this State, on a direct basis, bodily injury liability insurance, other than automobile bodily injury liability insurance, homeowners liability insurance, and farmowners liability insurance, including insurers covering such peril in multiple peril package policies. Every such insurer is and must remain a member of the association as a condition of its authority to continue to transact this kind of insurance in this State.
(B) The purpose of the association is to provide day care liability insurance on a self-supporting basis to the fullest extent possible.
(C) The association is activated when the Department of Insurance finds and declares the existence of an emergency because of the unavailability of day care liability insurance or the unavailability of such insurance on a reasonable basis through normal channels.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 16; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-30. General powers.

The association has the power on behalf of its members to:
(1) issue, or cause to be issued, policies of insurance to applicants including incidental coverages such as, but not limited to, premises or operations liability coverage on the premises where services are rendered, all subject to limits of liability as specified in the plan of operation but not to exceed five million dollars for all claimants under one policy in any one year;
(2) underwrite day care liability insurance and to adjust and pay losses with respect thereto or to appoint service companies to perform those functions;
(3) cede and assume reinsurance.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 17; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-40. Plan of operation.

(A) Not less than thirty nor more than ninety days after the effective date of this subdivision the director or his designee, after consultation with representatives of the public, day care owners and operators, and other affected individuals and organizations, shall promulgate a plan of operation consistent with this chapter. The plan of operation becomes effective and operative no later than thirty days after the declaration of an emergency by the department.
(B) The plan of operation shall provide for economic, fair, and nondiscriminatory administration and for the prompt and efficient provision of day care liability insurance and may contain other provisions including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the association, assessment of the members to defray losses and expenses, commission arrangements, reasonable and objective underwriting standards, acceptance and cession of reinsurance, appointment of servicing carriers, and procedures for determining amounts of insurance to be provided by the association.
(C) The plan of operation shall provide that any profit achieved by the association must be added to the reserves of the association or returned to the policyholders as a dividend.
(D) Amendments to the plan of operation may be made by the directors of the association with the approval of the director or his designee or must be made at the direction of the director or his designee after proper notice and public hearing.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 18; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-50. Application for coverage; issuance of policy.

Upon the activation of the plan of operation, a day care owner or operator licensed in this State is entitled to apply to the association for coverage. The application may be made on behalf of the applicant by a licensed agent or broker authorized in writing by the applicant.
If the association determines that the applicant meets the underwriting standards of the association as set forth in the approved plan of operation and there is no unpaid, uncontested premium due from the applicant for any prior insurance of the same kind, the association, upon receipt of the premium, or a portion of it as prescribed by the plan of operation, shall cause to be issued a policy of day care liability insurance for one year.
The rates, rating plans, rating rules, rating classifications, territories, and policy forms applicable to insurance written by the association and the statistical and experience data relating thereto are subject to this chapter and to those provisions of Chapter 73, Title 38 of the 1976 Code which are not inconsistent with this subdivision.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 19; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-60. Duty of director to gather statistical data.

The director or his designee shall obtain complete statistical data in respect to day care liability losses and reparation costs as well as all other costs or expenses which underlie or are related to day care liability insurance. The Department of Insurance shall promulgate any statistical plan he considers necessary for the purpose of gathering data referable to loss and loss adjustment expense experience and other expense experience. When the statistical plan is promulgated all members of the association shall adopt and use it. The director or his designee also shall obtain statistical data in respect to the costs of compensating victims of day care liability. The director or his designee may require loss, claim, or expense data from any person obtaining insurance through the association. This information or data is confidential.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 20; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-70. Consideration of investment income in structuring rates and determining profit or loss.

In structuring rates for day care liability insurance and determining the profit or loss of the association in respect to the insurance, consideration must be given by the director or his designee to all investment income.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 21; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-80. Filing of policy forms, classifications, rates, rating plans, and rating rules.

Within a time that the director or his designee directs, the association shall submit, for the approval of the director or his designee, an initial filing, in proper form, of policy forms, classifications, rates, rating plans, and rating rules applicable to day care liability insurance to be written by the association. If the director or his designee disapproves the initial filing, in whole or in part, the association shall amend the filing, in whole or in part, in accordance with the direction of the director or his designee. If the director or his designee is unable to approve the filing or amended filing, within the time specified, he shall promulgate the policy forms, classifications, rates, rating plans, and rules to be used by the association in making rates for and writing the insurance.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 22; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-90. Policy forms; rate structure.

(A) The director or his designee shall specify whether policy forms and the rate structure must be on a "claims-made" or 'occurrence' basis, and coverage may be provided by the association only on the basis specified by the director or his designee. The director or his designee shall specify the claims-made basis only if the contract makes provision for residual occurrence coverage upon the retirement, death, disability, or removal from the State of the insured. Provision may be made for a premium charge allocable to any residual occurrence coverage, and the premium charges for the residual coverage must be segregated and separately maintained for such purpose which may include the reinsurance of all or part of that portion of the risk.
(B) The policy may not contain a limitation in relation to the existing law in tort as provided by the statute of limitations of this State.
(C) The policy form, whether on a claims-made or occurrence basis, may not require as a condition precedent to settlement or compromise of a claim the consent or acquiescence of the insured. However, the settlement or compromise is not considered an admission of fault or wrongdoing by the insured.
(D) The premium rate charged for either or both claims-made or occurrence coverage must be at rates established on an actuarially sound basis, including consideration of trends in the frequency and severity of losses and must be calculated to be self-supporting.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 23; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-100. Rate increase subject to director's approval.

The association may provide a rate increase or assessment subject to the approval director or his designee.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 24; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-110. Deficit to be recouped.

A deficit sustained by the association in a year must be recouped, pursuant to the plan of operation and the rating plan then in effect, by one or both of the following procedures:
(1) an assessment upon the policyholders, which may not exceed one additional annual premium at the then current rate;
(2) a rate increase applicable prospectively.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 25; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-120. Basis for rates; insufficient funds for operation.

After the initial year of operation, rates, rating plans, and rating rules, and any provision for recoupment through policyholder assessment or premium rate increase must be based upon the association's loss and expense experience and investment income, together with any other information based upon this experience and income as the director or his designee considers appropriate. The resultant premium rates must be on an actuarially sound basis and must be calculated to be self-supporting. If sufficient funds are not available for the sound financial operation of the association, pending recoupment as provided in Section 38-89-110, all members, on a temporary basis, shall contribute to the financial requirements of the association in the manner provided in Section 38-89-130. A contribution must be reimbursed to the members following recoupment as provided in Section 38-89-110.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 26; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-130. Participation of association members.

All insurers which are members of the association shall participate in its writings, expenses, profits, and losses in the proportion that the net direct premium of each member, excluding that portion of premiums attributable to the operation of the association, written during the preceding calendar year bear to the aggregate net direct premiums written in this State by all members of the association. Each insurer's participation in the association must be determined annually on the basis of the net direct premiums written during the preceding calendar year, as reported in the annual statements and other reports filed by the insurer with the department of Insurance. No member may be obligated in any one year to reimburse the association because of its proportionate share in the deficit from operations of the association in that year in excess of one percent of its surplus to policyholders and the aggregate amount not so reimbursed must be reallocated among the remaining members in accordance with the method of determining participation prescribed in this subsection after excluding from the computation the total net direct premiums of all members not sharing in the excess deficit. If the deficit from operations allocated to all members of the association in a calendar year exceeds one percent of their respective surplus to policyholders, the amount of the deficit must be allocated to each member in accordance with the method of determining participation prescribed in this subsection.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 27; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-140. Plan of operation and rules binding on association members.

Every member of the association is bound by the approved plan of operation of the association and the rules of the board of directors of the association.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 28; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-150. Effect of termination of association member's authority; merger; insolvency.

(A) If the authority of an insurer to transact bodily injury liability insurance, other than automobile, homeowners, or farmowners, in this State terminates for any reason, its obligations as a member of the association continue until all its obligations are fulfilled and the director or his designee has so found and certified to the board of directors.
(B) If a member insurer merges into or consolidates with another insurer authorized to transact insurance in this State or another insurer authorized to transact insurance in this State has reinsured the insurer's entire general liability business in this State, both the insurer and its successor or assuming reinsurer, as the case may be, are liable for the insurer's obligations to the association.
(C) An unsatisfied net liability of an insolvent member of the association must be assumed by and apportioned among the remaining members in the same manner in which assessments or gain and loss are apportioned and the association shall acquire and have all rights and remedies allowed by law in behalf of the remaining members against the estate or funds of the insolvent insurer for funds due the association.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 29; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-160. Board of directors.

The association is governed by a board of seven directors, one of whom is appointed by the Governor, with the advice and consent of the Senate, to represent the general public and three of whom are day care owners or operators appointed by the Governor. Three directors are elected by cumulative voting by members of the association, whose votes in the election must be weighed in accordance with each member's net direct premiums written during the preceding calendar year. The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups for voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of the group may serve as a director at any one time. The insurer representatives of the board of directors must be elected at a meeting of the members or their authorized representatives, which must be held at a time and place designated by the board of directors. The board shall elect a chairman and other necessary officers.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 30; 1993 Act No. 181, Section 845; 1998 Act No. 411, Section 9.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-170. Appeal to commission.

An applicant for insurance through the association, a person insured pursuant to this chapter, or his representative, or an insurer adversely affected, or claiming to be adversely affected, by a ruling, action, or decision by or on behalf of the association, may appeal to the director or his designee within thirty days after the ruling, action, or decision.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 31; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-180. Statement to be filed by association.

The association shall file in the office of the Department of Insurance annually by March first a statement containing information with respect to its transactions, condition, operations, and affairs during the preceding year. The statement must contain information prescribed by the director or his designee and must be in the form he directs.
The director or his designee, at any reasonable time, may require the association to furnish additional information concerning its transactions, condition, or any matter connected therewith considered to be material and of assistance in evaluating the scope, operations, and experience of the association.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 32; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 89 - Day Care Joint Underwriting Association › Section 38-89-190. Examination of financial condition; annual report.

The director or his designee shall make an examination into the financial condition and affairs of the association at least annually and shall file a report thereon with the department, the Governor, and the General Assembly. The expenses of the examination must be paid by the association.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 33; 1993 Act No. 181, Section 845.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-25. Reserved.

HISTORY: Former Section, titled Captive reinsurance companies, had the following history: 2001 Act No. 58, Section 1, eff May 29, 2001; 2004 Act No. 291, Section 19, eff July 29, 2004. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-30. Adoption of name.

A captive insurance company may not adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for any other existing business name registered in this State.
HISTORY: 2000 Act No. 331, Section 1; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 251, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-35. Discovery of confidential information in civil actions.

(A) Information submitted pursuant to the provisions of this chapter is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, except that information may be discoverable by a party in a civil action or contested case to which the submitting captive insurance company is a party, upon a showing by the party seeking to discover the information that:
(1) the information sought is relevant to and necessary for the furtherance of the action or case and the information sought is unavailable from other nonconfidential sources; or
(2) a subpoena applicable to the information is issued by a judicial or administrative law officer of competent jurisdiction has been submitted to the director.
(B) The director may disclose the information to the public officer having jurisdiction over the regulation of insurance in another state if:
(1) the public official agrees in writing to maintain the confidentiality of the information; and
(2) the laws of the state in which the public official serves require the information to be confidential.
HISTORY: 2004 Act No. 291, Section 13, eff July 29, 2004; 2014 Act No. 282 (S.909), Section 6, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2014 Act No. 282, Section 6, rewrote the section.
2018 Act No. 251, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-45. Reserved.

HISTORY: Former Section, titled Minimum capitalization or reserves, had the following history: 2001 Act No. 58, Section 2, eff May 29, 2001; 2010 Act No. 217, Section 8, eff June 7, 2010. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-50. Reserved.

HISTORY: Former Section, titled Free surplus requirements; restriction on payment of dividends, had the following history: 2000 Act No. 331, Section 1; 2002 Act No. 188, Section 5, eff March 12, 2002; 2003 Act No. 73, Section 24.D, eff June 25, 2003; 2004 Act No. 291, Section 21, eff July 29, 2004; 2006 Act No. 332, Section 16, eff June 1, 2006; 2010 Act No. 217, Section 9, eff June 7, 2010; 2014 Act No. 282 (S.909), Section 8, eff June 10, 2014. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-55. Reserved.

HISTORY: Former Section, titled Incorporation requirements, had the following history: 2001 Act No. 58, Section 3, eff May 29, 2001; 2009 Act No. 28, Section 4, eff June 2, 2009; 2014 Act No. 282 (S.909), Section 9, eff June 10, 2014. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-75. Discounting of loss and loss adjustment expense reserves.

(A) A captive insurance company shall file annually an actuarial opinion on loss and loss adjustment expense reserves provided by an independent actuary. The actuary may not be an employee of the captive company or its affiliates.
(B) A captive insurance company may discount its loss and loss adjustment expense reserves with prior written approval by the director.
(C) The director may disallow the discounting of loss and loss adjustment expense reserves if a captive insurance company violates a provision of this title.
HISTORY: 2001 Act No. 58, Section 4, eff May 29, 2000; 2009 Act No. 28, Section 7, eff June 2, 2009; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 251, Section 1, redesignated former (A) as (B) and former (B) as (A), and in (B), deleted "or his designee" from the end.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-90. Suspension or revocation of license.

(A) The license of a captive insurance company to conduct an insurance business in this State may be suspended or revoked by the director for:
(1) insolvency or impairment of capital or surplus;
(2) failure to meet the requirements of Section 38-90-40;
(3) refusal or failure to submit an annual report, as required by Section 38-90-70, or any other report or statement required by law or by lawful order of the director;
(4) failure to comply with its own charter, bylaws, or other organizational document;
(5) failure to submit to examination or any legal obligation relative to an examination, as required by Section 38-90-80;
(6) refusal or failure to pay the cost of examination as required by Section 38-90-80;
(7) use of methods that, although not otherwise specifically prohibited by law, nevertheless render its operation detrimental or its condition unsound with respect to the public or to its policyholders; or
(8) failure otherwise to comply with laws of this State.
(B) If the director finds, upon examination, hearing, or other evidence, that a captive insurance company has committed any of the acts specified in subsection (A) of this section, the director may suspend or revoke such license if the director considers it in the best interest of the public and the policy holders of the captive insurance company, notwithstanding any other provision of this title.
(C) In lieu of suspending or revoking the license of a captive insurance company, the director may impose fines as provided for in Section 38-2-10.
HISTORY: 2000 Act No. 331, Section 1; 2009 Act No. 28, Section 9, eff June 2, 2009; 2014 Act No. 282 (S.909), Section 13, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2014 Act No. 282, Section 13, in subsection (C), substituted "In lieu of" for "Instead of".
2018 Act No. 251, Section 1, in (A)(2), deleted "or 38-90-50" following "Section 38-90-40".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-100. Applicability of investment requirements.

(A) An association captive insurance company, an industrial insured captive insurance company, and a risk retention group shall comply with the investment requirements contained in this title. Notwithstanding any other provision of this title, the director may approve the use of alternative reliable methods of valuation and rating.
(B) A pure captive insurance company, a special purpose captive insurance company, other than a risk retention group formed as a special purpose captive insurance company, and a sponsored captive insurance company are not subject to any restrictions on allowable investments contained in this title; however, the director may request a written investment plan and may prohibit or limit an investment that threatens the solvency or liquidity of the company.
HISTORY: 2000 Act No. 331, Section 1; 2001 Act No. 58, Section 10, eff May 29, 2001; 2002 Act No. 228, Section 14, eff May 1, 2002; 2006 Act No. 332, Section 17, eff June 1, 2006; 2014 Act No. 282 (S.909), Section 14, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2014 Act No. 282, Section 14, in subsection (A), substituted "An association captive insurance company, an industrial insured captive insurance company insuring the risks of an industrial insured group, and a captive insurance company formed as a risk retention group" for "An association captive insurance company and an industrial insured captive insurance company insuring the risks of an industrial insured group"; in subsection (B), inserted "other than a special purpose captive insurance company formed as a risk retention group,"; and in subsection (C), inserted "or a sponsored captive insurance company", and substituted "only by order of the director" for "only upon the prior written approval of the director".
2018 Act No. 251, Section 1, in (A), in the first sentence, deleted "insuring the risks of an industrial insured group, and a captive insurance company formed as a" following "an industrial insured captive insurance company"; in (B), deleted ", a captive reinsurance company" following "A pure captive insurance company" and substituted ""other than a risk retention group formed as a special purpose captive insurance company" for "other than a special purpose captive insurance company formed as a risk retention group"; and deleted (C), which related to a pure captive insurance company or a sponsored captive insurance company making loans to its parent company or affiliates.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-105. Loans.

Upon approval by the director, only a pure captive insurance company, a special purpose captive insurance company, or a sponsored captive insurance company may make loans to its parent company or affiliates evidenced by a note in a form acceptable to and approved by the director. Loans of minimum capital or surplus funds or a combination thereof required by Section 38-90-40 are prohibited.
HISTORY: 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-110. Reinsurance; effect on reserves.

(A) A captive insurance company may provide reinsurance, as authorized in this title, on risks ceded by any other insurer.
(B)(1) A captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers complying with the provisions of Sections 38-9-200, 38-9-210, and 38-9-220.
(2) An industrial insured captive insurance company or a captive insurance company formed as a risk retention group may not take credit for reserves on risks or portions of risks ceded to a reinsurer if the reinsurer is not in compliance with Sections 38-9-200, 38-9-210, and 38-9-220.
(3) All other captive insurance companies may not take credit for reserves on risks or portions of risks ceded to a reinsurer if the reinsurer is not in compliance with Sections 38-9-200, 38-9-210, and 38-9-220, unless specific approval has been granted for this credit or the reinsurer by approval of the director, or the captive insurance company is participating in a risk pool for the purpose of risk sharing, as approved by the director.
HISTORY: 2000 Act No. 331, Section 1; 2007 Act No. 86, Section 1, eff June 14, 2007; 2014 Act No. 282 (S.909), Section 15, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2014 Act No. 282, Section 15, in subsection (B)(2), inserted "or a captive insurance company formed as a risk retention group".
2018 Act No. 251, Section 1, in (B)(3), substituted "approval of the director, or the captive insurance company is participating in a risk pool for the purpose of risk sharing, as approved by the director" for "order of the director" at the end.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-120. Requirement to join ratings organization.

A captive insurance company may not be required to join a rating organization.
HISTORY: 2000 Act No. 331, Section 1; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 251, Section 1, reenacted the section with no apparent changes.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-130. Participation in plan, pool, association, or guaranty or insolvency fund.

A captive insurance company, including a captive insurance company organized as a reciprocal insurer under this chapter, may not join or contribute financially to a plan, pool, association, or guaranty or insolvency fund in this State, and a captive insurance company, or its insured or its parent or any affiliated company or any member organization of its association, or in the case of a captive insurance company organized as a reciprocal insurer, a subscriber of the company, may not receive a benefit from a plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. Subject to the approval of the director, participation by a captive insurance company, including a pure captive insurance company, in a pool for the purpose of risk sharing is not prohibited under this section.
HISTORY: 2000 Act No. 331, Section 1; 2009 Act No. 28, Section 10, eff June 2, 2009; 2014 Act No. 282 (S.909), Section 16, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2014 Act No. 282, Section 16, inserted "by a captive insurance company, including a pure captive insurance company," in the second sentence, and added the third sentence.
2018 Act No. 251, Section 1, in the second sentence, substituted "approval of the director" for "prior written approval of the director or his designee" and deleted "commercial" following "for the purpose of", and deleted the third sentence, which related to the writing of third-party risk by a captive insurance company outside or a commercial risk sharing agreement.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-145. Reserved.

HISTORY: Former Section, titled Annual captive reinsurance tax, had the following history: 2001 Act No. 58, Section 5, eff May 29, 2001. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-150. Rules, regulations, and orders.

The director may promulgate and, from time to time, amend rules and regulations and issue orders or written approvals relating to captive insurance companies as are necessary to enable the director to carry out the provisions of this chapter.
HISTORY: 2000 Act No. 331, Section 1; 2001 Act No. 58, Section 11, eff May 29, 2001; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 251, Section 1, inserted "or written approvals" following "and issue orders".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-165. Declaration of inactivity.

(A) The director may declare inactive by order a captive insurance company other than a risk retention group or association captive if such captive insurance company has no outstanding insurance liabilities and agrees to cease providing insurance coverage.
(B) During the period the captive insurance company is inactive, the director may by written approval:
(1) reduce the minimum free and unimpaired paid-in capital or surplus, or combination thereof, to no less than twenty-five thousand dollars;
(2) modify the minimum premium tax applicable to the captive insurance company to an amount no less than two thousand dollars and the captive insurance company shall pay no other premium taxes; and
(3) exempt the captive insurance company from the requirement to file such reports as set forth in the order.
HISTORY: 2014 Act No. 282 (S.909), Section 1, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 251, Section 1, in (A), substituted "outstanding insurance liabilities" for "outstanding liabilities"; and in (B), substituted "written approval" for "order" at the end, inserted (1) and redesignated (1) to (2) as (2) to (3).
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 90 - Captive Insurance Companies › Section 38-90-175. Captive Insurance Regulatory and Supervision Fund created; disbursements.

(A) There is created a fund to be known as the "Captive Insurance Regulatory and Supervision Fund" for the purpose of providing the financial means for the director to administer Chapter 87 and Chapter 90 of this title and for reasonable expenses incurred in promoting the captive insurance industry in the State. The transfer of twenty percent of the taxes collected by the department pursuant to Chapter 90 of this title, and all fees and assessments received by the department pursuant to the administration of this chapter must be credited to this fund. All fees received by the department from reinsurers who assume risk only from captive insurance companies, must be deposited into the Captive Insurance Regulatory and Supervision Fund. All fines and administrative penalties must be deposited directly into the general fund.
(B) All payments from the Captive Insurance Regulatory and Supervision Fund for the maintenance of staff and associated expenses including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the director, after receipt of proper documentation regarding services rendered and expenses incurred.
HISTORY: 2002 Act No. 188, Section 1, eff March 12, 2002; 2006 Act No. 332, Section 19, eff June 1, 2006; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 251, Section 1, reenacted the section with no apparent changes.