reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 45 - Insurance Brokers And Surplus Lines Insurance › Section 38-45-150. Penalties.

Any person violating this chapter is guilty of a misdemeanor. Each risk written in violation of this chapter is considered a separate offense.
HISTORY: Former 1976 Code Section 38-45-150 [1947 (45) 322; 1952 Code Section 37-815; 1962 Code Section 37-815] recodified as Section 38-17-150 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-47-160 [1947 (45) 322; 1949 (46) 600; 1952 Code Section 37-213; 1962 Code Section 37-213] recodified as Section 38-45-150 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 20; 1993 Act No. 181, Section 672; 2012 Act No. 283, Section 1, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 45 - Insurance Brokers And Surplus Lines Insurance › Section 38-45-160. Brokers policy fees.

No policy fee may be charged by a broker unless it is a reasonable fee, it is made part of the contract, and the broker's premium tax rate is paid upon the policy fee. If for any reason the director or his designee disapproves the placement or the insurer ultimately refuses to write the risk, the broker shall immediately refund the full policy fee to the policyholder.
HISTORY: Former 1976 Code Section 38-45-160 [1947 (45) 322; 1952 Code Section 37-816; 1962 Code Section 37-816; 1971 (57) 709; 1976 Code Section 38-45-160; 1980 Act No. 306, Section 3] recodified as Section 38-17-160 by 1987 Act No. 155, Section 1; New Section 38-45-160 enacted by 1988 Act No. 314, Section 9; 1993 Act No. 181, Section 672; 2012 Act No. 283, Section 1, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 45 - Insurance Brokers And Surplus Lines Insurance › Section 38-45-170. Appointment of director as attorney for service of legal process, for eligible surplus lines insurers.

Before the director or his designee approves a nonadmitted insurer as an eligible surplus lines insurer, the insurer shall appoint in writing the director and his successors in office to be its true and lawful attorney upon whom all legal process in any action or proceeding against it must be served and in this writing shall agree that any lawful process against it which is served upon this attorney is of the same legal force and validity as if served upon the insurer and that the authority continues in force so long as any liability remains outstanding in the State. Copies of the appointment, certified by the director, are sufficient evidence of the appointment and must be admitted in evidence with the same force and effect as the original might be admitted.
HISTORY: Former 1976 Code Section 38-45-170 [1947 (45) 322; 1952 Code Section 37-817; 1962 Code Section 37-817] recodified as Section 38-17-170 by 1987 Act No. 155, Section 1; New Section 38-45-170 enacted by 1988 Act No. 314, Section 10; 1993 Act No. 181, Section 672; 2012 Act No. 283, Section 1, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 45 - Insurance Brokers And Surplus Lines Insurance › Section 38-45-190. Authority of director.

(A) For the purposes of carrying out the Nonadmitted and Reinsurance Reform Act of 2010, the director or his designee may enter into an agreement with a single state to facilitate the collection, allocation, and disbursement of premium taxes attributable to the placement of surplus lines insurance, provide for uniform methods of allocation and reporting among surplus lines insurance risk classifications, and share information among states relating to surplus lines insurance premium taxes. The General Assembly may approve, modify, or rescind any such agreement.
(B) The director or his designee is authorized to participate in a clearing house established through a multistate agreement approved by the General Assembly for the purpose of collecting and disbursing to reciprocal states any funds collected pursuant to subsection (A) applicable to properties, risks, or exposures located or to be performed outside of this State. To the extent that other states where portions of the properties, risks, or exposures reside have failed to enter into an agreement or reciprocal allocation procedure with this State, the net premium tax collected shall be retained by this State.
HISTORY: 2012 Act No. 283, Section 1, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 45 - Insurance Brokers And Surplus Lines Insurance › Section 38-45-195. Collecting taxes for all risks placed in surplus lines market.

Nothing in this chapter precludes the director or his designee from collecting one hundred percent of the taxes due under this chapter for all risks placed in the surplus lines market.
HISTORY: 2012 Act No. 283, Section 1, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 46 - Reinsurance Intermediary Act › Section 38-46-40. Written contract required between intermediary-broker and insurer it represents; minimum terms contract must provide.

Transactions between a reinsurance intermediary-broker and the insurer it represents in that capacity only may be entered into pursuant to a written contract specifying the responsibilities of each party. The contract, at a minimum, must provide that:
(1) The insurer may terminate the reinsurance intermediary-broker's authority at any time.
(2) The reinsurance intermediary-broker shall render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary-broker, and remit all funds due to the insurer within thirty days of receipt.
(3) Funds collected for the insurer's account must be held by the reinsurance intermediary-broker in a fiduciary capacity in a bank which is a qualified United States financial institution.
(4) The reinsurance intermediary-broker shall comply with Section 38-46-50.
(5) The reinsurance intermediary-broker shall comply with the written standards established by the insurer for the cession or retrocession of all risks.
(6) The reinsurance intermediary-broker shall disclose to the insurer a relationship with a reinsurer to which business will be ceded or retroceded.
HISTORY: 1992 Act No. 332, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 46 - Reinsurance Intermediary Act › Section 38-46-50. Records of contracts of reinsurance to be maintained for at least ten years; access by insurer.

(A) For at least ten years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, he shall keep a complete record for each transaction showing:
(1) the type of contract, limits, underwriting restrictions, classes or risks, and territory;
(2) the period of coverage, including effective and expiration dates, cancellation provisions, and notice required for cancellation;
(3) reporting and settlement requirements of balances;
(4) the rate used to compute the reinsurance premium;
(5) the names and addresses of assuming reinsurers;
(6) the rates of all reinsurance commissions, including the commissions on retrocessions handled by the reinsurance intermediary-broker;
(7) related correspondence and memoranda;
(8) proof of placement;
(9) the details regarding retrocessions handled by the reinsurance intermediary-broker, including the identity of retrocessionaries and percentage of each contract assumed or ceded;
(10) financial records, including, but not limited to, premium and loss accounts;
(11) when the reinsurance intermediary-broker procures a reinsurance contract on behalf of an insurer:
(a) directly from an assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
(b) if placed through a representative of the assuming reinsurer other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.
(B) The insurer must have access and the right to copy and audit all accounts and records maintained by the reinsurance intermediary-broker related to its business in a form usable by the insurer.
HISTORY: 1992 Act No. 332, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 46 - Reinsurance Intermediary Act › Section 38-46-60. Party engaged as intermediary-broker to be licensed; regulation of contacts between insurer and intermediary-broker with which it transacts business; annual filing of financial statements.

(A) An insurer may not engage the services of a person, a firm, an association, or a corporation to act as a reinsurance intermediary-broker on its behalf unless the person is licensed as required by Section 38-46-30.
(B) An insurer may not employ an individual who is employed by a reinsurance intermediary-broker with which it transacts business unless the reinsurance intermediary-broker is under common control with the insurer and subject to the Insurance Holding Company Regulatory Act.
(C) The insurer annually shall file with the department not later than June first a copy of the statements of the financial condition of each reinsurance intermediary-broker which the insurer has engaged. The statements must be prepared by an independent certified accountant in a form acceptable to the director or his designee.
HISTORY: 1992 Act No. 332, Section 1; 1993 Act No. 181, Section 675; 2019 Act No. 6 (S.360), Section 7.A, eff July 1, 2019.
Effect of Amendment
2019 Act No. 6, Section 7.A, in (C), in the first sentence, substituted "not later than June" for "not later than March".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 46 - Reinsurance Intermediary Act › Section 38-46-80. Acts prohibited of reinsurance intermediary-manager.

The reinsurance intermediary-manager may not:
(1) cede retrocessions on behalf of the reinsurer, except the reinsurance intermediary-manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for the retrocessions. The guidelines must include a list of reinsurers with which the automatic agreements are in effect and for each reinsurer, the coverages and amounts or percentages that may be reinsured and commission schedules;
(2) commit the reinsurer to participate in reinsurance syndicates;
(3) appoint a licensed producer without assuring that the licensed producer is licensed lawfully to transact the type of reinsurance for which he is appointed;
(4) without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds fifty thousand dollars or one percent of the reinsurer's policyholder's surplus as of December thirty-first of the last completed calendar year, whichever is less;
(5) collect payment from a retrocessionaire or commit the reinsurer to a claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be forwarded to the reinsurer within ten days;
(6) jointly employ an individual who is employed by the reinsurer unless the reinsurance intermediary-manager is under common control with the reinsurer subject to the Insurance Holding Company Regulatory Act;
(7) appoint a reinsurance intermediary-submanager.
HISTORY: 1992 Act No. 332, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 46 - Reinsurance Intermediary Act › Section 38-46-90. Party engaged to act as intermediary-manager to be licensed; annual filing of financial statements; loss reserves; authority for retrocessional contracts or participation in reinsurance syndicates; notice of termination of contract with intermediary-manager; persons in certain positions not to serve on reinsurer's board.

(A) A reinsurer may not engage the services of a person, a firm, an association, or a corporation to act as a reinsurance intermediary-manager on its behalf unless the person is licensed as required by Section 38-46-30.
(B) The reinsurer annually shall file with the department not later than June first a copy of statements of the financial condition of each reinsurance intermediary-manager, which the reinsurer has engaged, prepared by an independent certified accountant in a form acceptable to the director or his designee.
(C) If a reinsurance intermediary-manager establishes loss reserves, the reinsurer annually shall obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the reinsurance intermediary-manager. The opinion must be filed not later than June first. This opinion is in addition to other required loss reserve certification.
(D) Binding authority for all retrocessional contracts or participation in reinsurance syndicates rests with an officer of the reinsurer who must not be affiliated with the reinsurance intermediary-manager.
(E) Within thirty days of termination of a contract with a reinsurance intermediary-manager, the reinsurer shall provide written notification of termination to the department.
(F) A reinsurer may not appoint to its board of directors an officer, a director, an employee, a controlling shareholder, or a subproducer of its reinsurance intermediary-manager. This subsection does not apply to relationships governed by the Insurance Holding Company Regulatory Act or, if applicable, the Broker Controlled Insurer Act.
HISTORY: 1992 Act No. 332, Section 1; 1993 Act No. 181, Section 677; 2019 Act No. 6 (S.360), Section 7.B, eff July 1, 2019.
Effect of Amendment
2019 Act No. 6, Section 7.B, in (B), substituted "not later than June" for "not later than March"; and in (C), in the second sentence, substituted "not later than June first" for "not later than March first".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 46 - Reinsurance Intermediary Act › Section 38-46-100. Reinsurance intermediary subject to examination; access to books, accounts and records.

(A) A reinsurance intermediary is subject to examination by the director or his designee. The director or his designee must have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the director or his designee.
(B) A reinsurance intermediary-manager may be examined as if he were the reinsurer.
HISTORY: 1992 Act No. 332, Section 1; 1993 Act No. 181, Section 678.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 46 - Reinsurance Intermediary Act › Section 38-46-110. Violations; hearings; penalties; judicial review; rights of policy holders, claimants, creditors, and other third parties not affected.

(A) A reinsurance intermediary, insurer, or reinsurer found by the director or his designee after a hearing conducted in accordance with Insurance Department Regulation 69-31 to be in violation of this chapter:
(1) for each separate violation, shall pay a penalty of not more than fifteen thousand dollars and thirty thousand dollars if the violation is wilful;
(2) is subject to revocation or suspension of its license;
(3) for a violation committed by the reinsurance intermediary, make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation.
(B) The decision, determination, or order of the director or his designee pursuant to subsection (A) is subject to judicial review pursuant to Section 38-3-210.
(C) This section does not affect the right of the director or his designee to impose other penalties provided by Title 38.
(D) This chapter does not limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer rights to those persons.
HISTORY: 1992 Act No. 332, Section 1; 1993 Act No. 181, Section 679.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-10. Licenses required for adjusters; exemptions; automated claims adjudication system; denied claims.

(A) An individual commonly called an adjuster, adjusting losses for an insurer licensed to do business in this State, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The director or his designee shall satisfy himself that each applicant for an adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and his duties as an adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued to a nonresident adjuster who resides in a state refusing to license South Carolina adjusters.
(B) The following individuals are exempt from licensure as an adjuster:
(1) A producer licensed under Chapter 43 is not required to comply with this section.
(2) An individual who, for portable electronics insurance, collects claim information from, or furnishes claim information to, insureds or claimants and who conducts data entry, including entering data into an automated claims adjudication system, provided that no more than twenty-five such persons are under the supervision of a licensed adjuster or a licensed producer who is otherwise exempt from licensure pursuant to item (1).
(C) For purposes of this section, "automated claims adjudication system" means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of portable electronics insurance claims that:
(1) only may be used by a licensed adjuster, licensed producer, or supervised individuals operating pursuant to this paragraph;
(2) must comply with all claims payment requirements of the insurance code; and
(3) must be certified as compliant with this section by a licensed independent adjuster who is an officer of the entity or an affiliate of the entity that employs an individual operating pursuant to this section.
(D) If the insured's claim is denied and the insured contests the denial, an individual licensed under this section must review the denial with the insured.
HISTORY: Former 1976 Code Section 38-47-10 [1947 (45) 322; 1952 Code Section 37-201; 1962 Code Section 37-201] recodified as Section 38-45-10 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-49-10 [1947 (45) 322; 1952 Code Section 37-221; 1962 Code Section 37-221] recodified as Section 38-47-10 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 681; 2012 Act No. 281, Section 1, eff June 26, 2012.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-15. Applicant's business and residence address required; notice of change of address required.

When an individual applies for an adjuster's license he shall supply the department his business, email, and residential addresses. The adjuster shall notify the department within thirty days of any change in these addresses.
HISTORY: 1988 Act No. 327, Section 3; 1993 Act No. 181, Section 681; 2016 Act No. 194 (H.4817), Section 5, eff May 26, 2016.
Effect of Amendment
2016 Act No. 194, Section 5, inserted ", email," and substituted "residential addresses" for "residence address".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-20. Reciprocal agreements as to licensing nonresidents.

The director or his designee may enter into reciprocal agreements with the insurance commissioners of other states in regard to licensing of nonresident adjusters if in his judgment such arrangements or agreements are in the best interest of the state and if the applicant for an adjuster's license meets the minimum statutory requirements of this State for the issuance of a license. However, the director or his designee may not enter into or continue any reciprocal agreement unless the other state is just as liberal as this State in licensing nonresident adjusters.
HISTORY: Former 1976 Code Section 38-47-20 [1947 (45) 322; 1952 Code Section 37-202; 1962 Code Section 37-202] recodified as Section 38-45-20 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-49-20 [1957 (50) 534; 1962 Code Section 37-221.1] recodified as Section 38-47-20 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 681.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-30. Fee for adjuster's license.

The fee for an adjuster's license is eighty dollars payable in advance and fully earned when received, not refundable, transferable, nor proratable. However, when the laws of another state of the United States require South Carolina adjusters to pay a license fee greater than the fee required in this State of nonresident adjusters, the nonresident adjuster shall pay an amount equal to the amount of charges imposed by the laws of his state upon adjusters of this State.
HISTORY: Former 1976 Code Section 38-47-30 [1947 (45) 322; 1952 Code Section 37-203; 1960 (51) 1646; 1962 Code Section 37-203; 1969 (56) 240; 1970 (56) 2497; 1981 Act No. 11, Section 1; 1981 Act No. 44, Section 1] recodified as Sections 38-45-20 and 38-45-30 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-49-30 [1947 (45) 322; 1952 Code Section 37-222; 1962 Code Section 37-222; 1981 Act No. 44 Section 2] recodified as Section 38-47-30 by 1987 Act No. 155, Section 1; 1992 Act No. 501, Part II Section 11M; 1993 Act No. 181, Section 681.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-40. Duration of license; nonpayment of fee; requirements for reinstatement.

An adjuster's license is for an indefinite term unless sooner revoked or suspended if the biennial license fee is paid at the time and in the manner which the department provides by regulation. If the license fee for an adjuster is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee.
HISTORY: Former 1976 Code Section 38-47-40 [1947 (45) 322; 1952 Code Section 37-203.1; 1962 Code Section 37-203.1] recodified as Section 38-45-30 by 1987 Act No. 155, Section 1; Former 1976 Code Sections 38-1-60 [1979 Act No. 63] and 38-49-30 [1947 (45) 322; 1952 Code Section 37-222; 1962 Code Section 37-222] recodified as Section 38-47-40 by 1987 Act No. 155, Section 1; 1992 Act No. 501, Part II Section 11N. 181, Section 681.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-50. Adjusters represent the companies.

Adjusters are declared to be acting as the agents for the company or companies represented by them in the adjustment of any loss.
HISTORY: Former 1976 Code Section 38-47-50 [1957 (50) 534; 1962 Code Section 37-203.2] recodified as Section 38-45-40 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-49-50 [1947 (45) 322; 1952 Code Section 37-224; 1962 Code Section 37-225] recodified as Section 38-47-50 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 681.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-55. Food spoilage adjustments.

(1) This chapter may not be construed to prevent an executive officer of an insurer, an employee of an insurer handling claims, the duly designated attorney, or producer authorized and acting for subscribers to reciprocal insurers with respect to residential property insurance from adjusting food spoilage claim loss or damages under any insurance contract of such insurer in which the amount of coverage for the applicable type of loss is contractually limited to five hundred dollars or less.
(2) Such officer, employee, attorney, or producer is not required to have an adjuster's license to adjust food spoilage claims referenced in this section. If any such officer, employee, attorney, or producer in connection with the adjustment of any such food spoilage claim, loss, or damage engages in improper claims practices pursuant to the provisions of Chapter 59 or violates any other provision of this title, the director or his designee may suspend or revoke the insurer's certificate of authority.
HISTORY: 2019 Act No. 6 (S.360), Section 1, eff July 1, 2019.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-60. Adjuster acting for unauthorized insurer.

It is unlawful for a person to:
(1) act as adjuster on a contract made other than as authorized by the laws of this State or made by an insurer who is not regularly licensed to do business in this State; or
(2) adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of this State.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both.
HISTORY: Former 1976 Code Section 38-47-60 [1947 (45) 322; 1952 Code Section 37-206; 1962 Code Section 37-206] has no comparable provisions in 1987 Act No. 155; Former 1976 Code Section 38-49-60 [1947 (45) 322; 1952 Code Section 37-226; 1962 Code Section 37-226] recodified as Section 38-47-60 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 21; 1993 Act No. 184, Section 216; 1993 Act No. 181, Section 681.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 47 - Insurance Adjusters › Section 38-47-70. Indication of violation of title by adjuster warrants imposition of listed penalties; notice.

When the director or his designee determines after investigation that there has been a violation of this title by an adjuster, upon ten days' notice, he may impose the penalties provided in Section 38-2-10.
HISTORY: Former 1976 Code Section 38-47-70 [1947 (45) 322; 1952 Code Section 37-207; 1962 Code Section 37-207; 1978 Act No. 585 Section 2; 1981 Act No. 11, Section 2] recodified as Section 38-45-60 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-49-70 [1947 (45) 322; 1952 Code Section 37-223; 1962 Code Section 37-223] recodified as Section 38-47-70 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 22; 1993 Act No. 181, Section 681.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-10. Definitions.

As used in this chapter:
(1) "Public insurance adjuster" means any individual who, for salary, fee, commission, or other compensation, engages in public adjusting and who is licensed under Section 38-48-20. A public insurance adjuster is not an attorney licensed to practice by the South Carolina Supreme Court who adjusts insurance losses in the course of the practice of law. A public insurance adjuster is not an adjuster representing an insurer and is not licensed in accordance with the provisions of Chapter 47.
(2) "Public adjusting" means investigating, appraising or evaluating, and reporting to an insured in relation to a first party claim arising under insurance contracts, that insure the real or personal property, or both, of the insured. Public adjusting does not include acting in any manner in relation to claims for damages to or arising out of the operation of a motor vehicle. Public adjusting does not include any activities which may constitute the unauthorized practice of law. Nothing in this chapter shall be construed as permitting the unauthorized practice of law.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-20. License required for public adjusters.

Every individual commonly called a public adjuster, adjusting losses for an insured, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The written examination for a public adjuster license shall be the same as that prescribed for insurance adjusters. The director or his designee shall satisfy himself that each applicant for a public adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and duties as a public adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued pursuant to reciprocal arrangements or agreements as provided in Section 38-48-40 to a nonresident public adjuster who resides in a state which has enacted a statute requiring the licensing of public adjusters and which refuses to license South Carolina public adjusters; however, a license may be issued to such applicants upon a successful completion of the examination for public adjusters prescribed by the director or his designee. Only licensed public adjusters may solicit business from an insured who has sustained an insured loss. Individuals engaged in providing public adjusting services without a license shall be deemed to be engaged in unauthorized transaction of insurance business and subject to the remedies provided in Chapter 25, as well as the disgorgement of fees or restitution to the insured for any fees paid.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-30. License application.

When an individual applies for a public adjuster's license, he shall supply the department his business, email, and residential addresses and telephone numbers. The public adjuster shall notify the department within thirty days of any change in these addresses.
HISTORY: 2000 Act No. 380, Section 1; 2016 Act No. 194 (H.4817), Section 6, eff May 26, 2016.
Effect of Amendment
2016 Act No. 194, Section 6, inserted ", email," and substituted "residential addresses" for "residence address".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-40. Reciprocal agreements with other states for licensing of public adjusters.

The director or his designee may enter into reciprocal agreements with the insurance commissioners or directors of other states in regard to licensing of nonresident public adjusters if in his judgment these arrangements or agreements are in the best interests of the State and if the applicant for a public adjuster's license meets the minimum statutory requirements in this State for the issuance of a license.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-50. License fees.

The biennial fee for a public adjuster's license is eighty dollars payable in advance and fully earned when received, not refundable, transferable, nor proratable. However, when the laws of another state of the United States required in this State of nonresident public adjusters, the nonresident public adjusters shall pay an amount equal to the amount of charges imposed by the laws of this State upon public adjusters of this State.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-60. Term of license; cancellation; reimbursement.

A public adjuster's license is for an indefinite term, unless sooner revoked or suspended, if the biennial license fee is paid at the time and in the manner which the department provides by regulation. If the license fee for a public adjuster is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-70. Public adjuster as agent of the insured; standards of conduct.

Public insurance adjusters are declared to be acting as the agents of the insureds they represent in the adjustment of any loss. A public insurance adjuster shall:
(a) be honest and fair in all communications with the insured and with the insurer or its representatives;
(b) have no financial interests in any aspect of the insured's claim, other than the salary, fee, commission, or other compensations that may be established in the written contract between the insured and the public insurance adjuster;
(c) not refer or direct any insured needing repairs or other services in connection with a loss to any person with whom the public insurance adjuster has a financial interest; nor to any person who will or is reasonably anticipated to provide the public adjuster any direct or indirect compensation for the referral of any resulting business;
(d) not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim;
(e) not engage in any conduct which constitutes the unauthorized practice of law;
(f) not acquire any interest in salvage of property subject to his contract, except with the express written permission of the insured, after settlement with the insurer;
(g) not solicit or enter into any agreement for the repair or replacement of damaged property on which the public adjuster has been engaged to adjust or settle claims; and
(h) not offer or provide advice as to whether the insured's claim is covered by the insured's contract with the insurer.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-80. Written agreement between public adjuster and insured.

Any agreement between the insured and the public insurance adjuster for the services described in this chapter shall be in writing and signed by both parties. The contract shall:
(a) state the full consideration for the public adjuster's services;
(b) specify in bold and conspicuous language that the consideration, compensation, commission, fee, percentage, or salary due to the public adjuster shall be paid by the insured from any sums the public adjuster assists the insured in recovering and not paid by the insurer;
(c) legibly state the full name and address as specified in the department's record of the licensed public adjuster;
(d) state the insured's full name and street address, the address and description of the loss, and the name of the insured's insurance company and policy number;
(e) disclose to the insured in bold, conspicuous language that (1) it is not necessary for the insured to hire a public adjuster; (2) the insured has the right to communicate directly with the insurer, the insurer's adjuster(s), the insured's counsel, or counsel for the insurer; and (3) the public adjuster is not an agent or employee of the insurer;
(f) show the date on which the contract was signed by both parties;
(g) clearly and conspicuously disclose the insured's right to rescind the contract within five working days or otherwise cancel it as provided by South Carolina law; and
(h) clearly and conspicuously outline the services to be provided by the public adjuster to the insured.
Promptly after the contract of the insured with the public adjuster has been executed, and after the time to rescind has elapsed, the public adjuster shall give written notice to the insurer or its adjuster or representative that the public adjuster has entered into a written contract with the insured.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-90. Referrals regulated; public adjusters shall not represent insurance companies; independent adjusters shall not act as public adjusters.

(A) No public adjuster shall compensate or provide anything of value except as provided in Section 38-57-160 to a person who is not licensed as a public adjuster in return for the referral of a business prospect to the public adjuster; provided, however, a public adjuster may enter into an agreement with another licensed public adjuster for the referral of business and sharing of commissions or compensation. Such an arrangement must be disclosed to the insured in the written agreement.
(B) No public adjuster shall represent or act as an adjuster representing an insurance company, either as an employee of the insurer or as an independent adjuster. No independent adjuster or adjuster licensed in accordance with the provisions of Chapter 47 shall act as a public insurance adjuster.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-100. Advertising.

All advertising by a public adjuster shall fairly and accurately describe the services to be rendered and shall not misrepresent either the public adjuster or the public adjuster's abilities and shall comply with the following requirements:
(a) Advertisements must comply with all the requirements of Title 38 and the Unfair Trade Practices law.
(b) All advertisements must state the full name of the public adjuster and the public adjuster's firm, if applicable, and the complete business address and phone numbers.
(c) Advertisements shall not create an unjust expectation about results the public adjuster can achieve.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-110. Right of insured to rescind contract.

The insured shall have until the close of business on the fifth business day after signing the contract to rescind the agreement. The exercise of the right to rescind the agreement must be in writing and delivered to the public adjuster at the address shown on the agreement.
If the insured property that is the subject of the claim is not the primary residence of the insured or used by the insured primarily for personal, family, or household purposes, the insured may waive the right to rescind the agreement. The waiver shall be in writing and signed and dated by the insured.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-130. Unlawful acts.

It is unlawful for a person to:
(a) act as a public adjuster on a contract made other than as authorized by the laws of this State or made by an insurer who is not licensed to do business in this State; or
(b) adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of this State; or
(c) engage in the unauthorized transaction of insurance business as defined in this article and Chapter 25; or
(d) act as both a contractor and a public adjuster in the adjustment of a claim for an insured; or
(e) violate any provision of this title.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-140. Violation; notice; penalties.

When the director or his designee determines after investigation that there has been a violation of this chapter by a public adjuster, the director or his designee, after providing notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, may impose penalties provided for in Section 38-2-10.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 48 - Public Insurance Adjusters › Section 38-48-150. Severability of provisions.

Any provision of this statute that is deemed to be void, unenforceable, unconstitutional, or illegal by any court of competent jurisdiction shall be deemed severable and shall not affect the constitutionality, enforceability, or legality of the remaining provisions. The remaining provisions shall continue in full force and effect.
HISTORY: 2000 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 49 - Motor Vehicle Physical Damage Appraisers › Section 38-49-10. "Motor vehicle physical damage appraiser" defined.

As used in this chapter, "motor vehicle physical damage appraiser" means a person, partnership, association, or corporation which practices as a business the appraising of damages to motor vehicles insured under automobile physical damage policies or on behalf of third party claimants.
HISTORY: Former 1976 Code Section 38-49-10 [1947 (45) 322; 1952 Code Section 37-221; 1962 Code Section 37-221] recodified as Section 38-47-10 by 1987 Act No. 155, Section 1; Former 1976 Code Section 56-13-10 [1962 Code Section 46-750.91; 1972 (57) 2527] recodified as Section 38-49-10 by 1987 Act No. 155, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 49 - Motor Vehicle Physical Damage Appraisers › Section 38-49-20. License required; fee; standards for qualification, suspension, or revocation of licenses and business methods.

No person may act as an appraiser for motor vehicle physical damage claims on behalf of an insurer or firm or corporation engaged in the adjustment or appraisal of motor vehicle claims unless he has secured first a license from the director or his designee and has paid a biennial license fee of eighty dollars fully earned when received, not refundable, transferable, nor proratable. The department may prescribe reasonable regulations concerning standards for qualification, suspension, or revocation of licenses and the methods by which licensees shall conduct their business.
HISTORY: Former 1976 Code Section 38-49-20 [1957 (50) 534; 1962 Code Section 37-221.1] recodified as Section 38-47-20 by 1987 Act No. 155, Section 1; Former 1976 Code Section 56-13-20 [1962 Code Section 46-750.92; 1972 (57) 2527] recodified as Section 38-49-20 by 1987 Act No. 155, Section 1; 1992 Act No. 501, Part II Section 11O; 1993 Act No. 181, Section 682.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 49 - Motor Vehicle Physical Damage Appraisers › Section 38-49-25. Applicant's business and residence address required; notice of change of address required.

When an individual applies for a motor vehicle physical damage appraiser's license he shall supply the department his business, email, and residential addresses. The appraiser shall notify the department within thirty days of any change in these addresses.
HISTORY: 1988 Act No. 327, Section 4; 2016 Act No. 194 (H.4817), Section 7, eff May 26, 2016.
Effect of Amendment
2016 Act No. 194, Section 7, inserted ", email,", substituted "residential addresses" for "residence address", and twice substituted "department" for "Department".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 49 - Motor Vehicle Physical Damage Appraisers › Section 38-49-30. Cancellation of license for nonpayment of fee; requirements for reinstatement.

If the biennial continuation license fee for an appraiser is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee.
HISTORY: Former 1976 Code Section 38-49-30 [1947 (45) 322; 1952 Code Section 37-222; 1962 Code Section 37-222; 1981 Act No. 44 Section 2] recodified as Section 38-47-30 by 1987 Act No. 155, Section 1; New Section 38-49-30 enacted by 1987 Act No. 155, Section 1; 1992 Act No. 501, Part II Section 11P.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 49 - Motor Vehicle Physical Damage Appraisers › Section 38-49-40. Penalties.

Any person who violates this chapter is guilty of a misdemeanor and must, upon conviction, be fined an amount not to exceed five hundred dollars or imprisoned for a period not to exceed one year, or both.
HISTORY: Former 1976 Code Section 38-49-40 [1947 (45) 322; 1952 Code Section 37-225; 1962 Code Section 37-224; 1976 Act No. 612 Section 3] recodified as Section 38-47-40 by 1987 Act No. 155, Section 1; Former 1976 Code Section 56-13-40 [1962 Code Section 46-750.94; 1972 (57) 2527] recodified as Section 38-49-40 by 1987 Act No. 155, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 51 - Administrators Of Insurance Benefit Plans › Section 38-51-10. Administrator defined.

As used in this chapter, "administrator" means any person who collects charges or premiums from, or who adjusts or settles claims on, residents of this State in connection with life or health insurance coverage or annuities other than:
(1) an employer on behalf of its employees or the employees of one or more subsidiaries or affiliated corporations of an employer;
(2) a union on behalf of its members;
(3) an insurer which is either licensed in this State or acting as an insurer with respect to a policy lawfully issued and delivered by it pursuant to the laws of a state in which the insurer was authorized to do insurance business, or a health maintenance organization licensed in this State;
(4) a life or health agent or broker licensed in this State whose activities are limited exclusively to the sale of insurance;
(5) a creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;
(6) a trust, its trustees, agents, and employees acting thereunder, established in conformity with 29 U.S.C. 186;
(7) a trust exempt from taxation under Section 501(a) of the Internal Revenue Code, its trustees, and employees acting thereunder, or a custodian, its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code;
(8) a bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities;
(9) a credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so if the company does not adjust or settle claims;
(10) a person who adjusts or settles claims in the normal course of his practice or employment as an attorney at law and who does not collect charges or premiums in connection with life or health insurance coverage or annuities; or
(11) the South Carolina Life and Accident and Health Insurance Guaranty Association and any person who adjusts or settles claims as its employee or agent.
HISTORY: Former 1976 Code Section 38-51-10 [1947 (45) 322; 1952 Code Section 37-233; 1962 Code Section 37-233] recodified as Section 38-43-10 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-67-10 [1985 Act No. 133, Section 1] recodified as Section 38-51-10 by 1987 Act No. 155, Section 1; 1988 Act No. 379, Sections 1, 2.