reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 93 - Privacy Of Genetic Information › Section 38-93-90. Violations.

(A) A violation of this chapter, including a single instance of a prohibited practice, is an unfair trade practice pursuant to Chapter 57, Title 38 and is subject to the penalties as provided for in Chapter 57 and in Section 38-2-10. The director or his designee at any time may examine an issuer, producer, agency, or insurance support organization to enforce this chapter. The expense of examination must be paid by the issuer, producer, agency, or insurance support organization. If an issuer, producer, agency, or insurance support organization determines that the fees assessed are unreasonable in relation to the examination performed, the issuer, producer, agency, or insurance support organization may appeal the assessments to the Administrative Law Court. Examination fees must be retained by the department and are considered "other" funds.
(B) In addition, a violation of this chapter is an unfair trade practice as defined in Section 39-5-20 and is subject to the provisions of Sections 39-5-110 to 39-5-160.
(C) The penalties and enforcement provisions of subsections (A) and (B) are in addition to penalties and enforcement provisions of federal law, including those set forth in the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233.
(D) An individual who is injured by a person's violation of this chapter may recover in a court of competent jurisdiction the following remedies:
(1) equitable relief, which may include a retroactive order, directing the person to provide health insurance appropriate to the injured individual under the same terms and conditions as would have applied had the violation not occurred; and
(2) an amount equal to any actual damages suffered by the individual as a result of the violation.
(E) The prevailing party in an action under this section may recover costs and reasonable attorney's fees.
HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.
Editor's Note
Prior laws: 1998 Act No. 369, Section 1; 1976 Code Section 38-93-60.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 97 - Portable Electronics Insurance › Section 38-97-20. Definitions.

For the purposes of this section:
(1) "Customer" means a person who purchases portable electronics or related services.
(2) "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(3) "Location" means any physical location in this State or any website, call center site, or similar location directed to residents of this State.
(4) "Portable electronics" means electronic devices that are portable in nature, their accessories, and services related to the use of the device.
(5) "Portable electronics insurance" means insurance covering the repair or replacement of portable electronics. This insurance may provide coverage for portable electronics against loss, theft, and inoperability due to mechanical failure, malfunction, damage, and other similar loss. Portable electronics insurance does not include:
(a) a service contract governed by Section 38-78-20(12);
(b) an insurance policy covering the obligation of a seller or manufacturer under a warranty; and
(c) a homeowner's, renter's, private passenger automobile, commercial multiperil, or similar policies.
(6) "Portable electronics transaction" means:
(a) the sale or lease of portable electronics by a vendor to a customer; and
(b) the sale of a service related to the use of portable electronics by a vendor to a customer.
(7) "Supervising entity" means a business entity licensed as a property and casualty insurer or insurance producer with a property and casualty line of authority.
(8) "Vendor" means a person directly or indirectly engaged in the business of portable electronics transactions.
HISTORY: 2012 Act No. 172, Section 1, eff January 1, 2013.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 97 - Portable Electronics Insurance › Section 38-97-30. Portable electronics insurance license; registry.

(A) A vendor must hold a portable electronics insurance license to sell or offer coverage under a policy of portable electronics insurance.
(B) A portable electronics insurance license issued under this section authorizes any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions. Both an employee and an authorized representative of a vendor must have completed the training required by Section 38-97-50.
(C) The supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this State. Upon request by the director or his designee and with ten days' notice to the supervising entity, the registry must be open to inspection and examination by the director or his designee during regular business hours of the supervising entity.
(D) Notwithstanding another provision of law, a license issued pursuant to this section authorizes the licensee and its employees or authorized representatives to engage in those activities that are permitted in this section.
HISTORY: 2012 Act No. 172, Section 1, eff January 1, 2013.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 97 - Portable Electronics Insurance › Section 38-97-40. Brochures or other written materials to be made available to customers; insurance may be offered on periodic basis; eligibility and underwriting standards.

(A) A vendor of portable electronics insurance must make certain brochures or other written materials available to its customers in a location where the vendor sells this insurance. The brochures or written materials must:
(1) disclose that portable electronics insurance may provide a duplication of coverage already provided by a homeowner's policy, renter's insurance policy, or other source of insurance coverage of the customer;
(2) state that the enrollment in a portable electronics insurance program is not required for the customer to purchase or lease portable electronics or services from the vendor; and
(3) summarize the material terms of the insurance coverage, including:
(a) the identity of the insurer;
(b) the identity of the supervising entity;
(c) the amount of any applicable deductible and how this deductible must be paid;
(d) benefits of the coverage;
(e) key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
(f) a summary of the process for filing a claim under the policy, including a description of how to return portable electronics and the maximum fee applicable if an enrolled customer fails to comply with an equipment return requirement; and
(g) a statement that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person who pays the premium must receive a refund of any applicable unearned premium.
(B) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
(C) Eligibility and underwriting standards for customers electing to enroll in coverage must be established for each portable electronics insurance program.
HISTORY: 2012 Act No. 172, Section 1, eff January 1, 2013.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 97 - Portable Electronics Insurance › Section 38-97-60. Penalties for violations of chapter.

(A) A vendor of portable electronics, its employee, or its authorized representative who violates a provision of this chapter may after proper notice and an opportunity for a hearing be subject by the department to:
(1) administrative penalties as provided in Section 38-2-10. However, administrative penalties shall not exceed thirty thousand dollars in the aggregate for violations of a similar nature; and
(2) other penalties the department considers necessary and reasonable to effectuate the purposes of this chapter, including:
(a) suspending the privilege of transacting portable electronics insurance pursuant to this chapter at specific locations where a violation has occurred;
(b) suspending or revoking the ability of an individual employee or authorized representative to act under the license; and
(c) suspending or revoking the license of the vendor.
HISTORY: 2012 Act No. 172, Section 1, eff January 1, 2013.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 97 - Portable Electronics Insurance › Section 38-97-80. Application for license; renewal; fee.

(A) A sworn application for a license under this chapter must be made to and filed with the department on forms prescribed by the department.
(B) An application required under subsection (A) must provide the:
(1) location of the home office of the applicant; and
(2) name, residential address, and other information required by the department for:
(a) an employee or officer of the vendor who is designated by the applicant as the person responsible for the compliance of the vendor with the requirements of this chapter; and
(b) all of its officers, directors, and shareholders of record having a beneficial ownership of ten percent or more of any class of securities registered under federal securities law, but only if the vendor derives more than fifty percent of its revenue from the sale of portable electronics insurance.
(3) Any changes to information provided to the department under this section, must be provided to the department within thirty days of that change being made.
(C) Any vendor engaging in portable electronics insurance transactions on or before the effective date of this act must apply for licensure within ninety days after the application being made available by the department. Any applicant commencing operations after the effective date of this act must obtain a license prior to offering portable electronics insurance.
(D) A licensee must renew a license issued pursuant to this chapter biennially before August first of every odd-numbered year. If a license is not renewed as required by this section, the license must be canceled. A licensee may reinstate the same license within six months after the compliance deadline by paying the renewal fee and a reinstatement fee equal to the renewal fee.
(E)(1) A vendor of portable electronics insurance licensed under this chapter shall pay to the department a fee of one thousand dollars for an initial portable electronics insurance license and five hundred dollars for a renewal.
(2) The department shall retain any fee or surcharge imposed by this section to use for the administration of Title 38.
HISTORY: 2012 Act No. 172, Section 1, eff January 1, 2013.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 97 - Portable Electronics Insurance › Section 38-97-90. Authority of director; regulations.

The director of the department:
(1) may, by order, require policy forms, rates, and rules concerning portable electronics insurance be filed with, and approved by, the director or his designee before use if considered necessary for the protection of the public, notwithstanding another provision of law; and
(2) may promulgate regulations necessary to implement the provisions of this chapter.
HISTORY: 2012 Act No. 172, Section 1, eff January 1, 2013.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 99 - Insurance Data Security Act › Section 38-99-30. Investigation of cybersecurity events; records.

(A) If a licensee learns that a cybersecurity event has occurred or may have occurred, the licensee, an outside vendor, or service provider designated to act on behalf of the licensee must conduct a prompt investigation of the event.
(B) During the investigation, the licensee, outside vendor, or service provider designated to act on behalf of the licensee shall, at a minimum:
(1) determine whether a cybersecurity event occurred;
(2) assess the nature and scope of the cybersecurity event;
(3) identify nonpublic information that may have been involved in the cybersecurity event; and
(4) perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.
(C) If the licensee learns that a cybersecurity event has occurred or may have occurred in a system maintained by a third-party service provider, the licensee shall complete an investigation pursuant to the requirements of this section or confirm and document that the third-party service provider has completed an investigation pursuant to the requirements of this section.
(D) The licensee shall maintain records concerning all cybersecurity events for a period of at least five years from the date of the cybersecurity event and produce those records upon demand of the director.
HISTORY: 2018 Act No. 171 (H.4655), Section 3, eff January 1, 2019.
Editor's Note
2018 Act No. 171, Sections 1 and 2, provide as follows:
"SECTION 1. The purpose and intent of this act is to establish standards for data security and standards for the investigation of and notification to the director of a cybersecurity event applicable to licensees. This act may not be construed to create or imply a private cause of action for a violation of its provisions nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this act.
"SECTION 2. This act is known and may be cited as the 'South Carolina Insurance Data Security Act'."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 99 - Insurance Data Security Act › Section 38-99-50. Violations of chapter.

(A) The director has the power and authority to examine and investigate into the affairs of a licensee to determine whether the licensee is engaged in conduct in violation of this chapter. This power is in addition to the powers which the director has under this title. An investigation or examination must be conducted pursuant to Section 38-13-10, et seq.
(B) When the director has reason to believe that a licensee is engaged in conduct in this State which violates the provisions of this chapter, the director may take necessary and appropriate action to enforce the provisions of this chapter.
HISTORY: 2018 Act No. 171 (H.4655), Section 3, eff January 1, 2019.
Editor's Note
2018 Act No. 171, Sections 1 and 2, provide as follows:
"SECTION 1. The purpose and intent of this act is to establish standards for data security and standards for the investigation of and notification to the director of a cybersecurity event applicable to licensees. This act may not be construed to create or imply a private cause of action for a violation of its provisions nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this act.
"SECTION 2. This act is known and may be cited as the 'South Carolina Insurance Data Security Act'."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 99 - Insurance Data Security Act › Section 38-99-70. Exemptions from provisions of chapter.

(A) The following licensees are exempt from the provisions of Section 38-99-20:
(1) a licensee with fewer than ten employees, including any independent contractors;
(2) an employee, agent, representative, or designee of a licensee, who is also a licensee, is exempt from the provisions of Section 38-99-20 and need not develop its own information security program to the extent that the employee, agent, representative, or designee is covered by the information security program of the other licensee; and
(3) a licensee subject to the Health Insurance Portability and Accountability Act, Pub.L. 104-191, 110 Stat. 1936, that has established and maintains an information security program pursuant to such statutes, rules, regulations, procedures, or guidelines established thereunder, will be considered to meet the requirements of Section 38-99-20, provided that the licensee is compliant with, and submits a written statement certifying its compliance with, the provisions of Section 38-99-20.
(B) In the event that a licensee ceases to qualify for an exception, such licensee shall have one hundred and eighty days to comply with this chapter.
HISTORY: 2018 Act No. 171 (H.4655), Section 3, eff January 1, 2019; 2019 Act No. 6 (S.360), Section 11, eff July 1, 2019.
Editor's Note
2018 Act No. 171, Sections 1 and 2, provide as follows:
"SECTION 1. The purpose and intent of this act is to establish standards for data security and standards for the investigation of and notification to the director of a cybersecurity event applicable to licensees. This act may not be construed to create or imply a private cause of action for a violation of its provisions nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this act.
"SECTION 2. This act is known and may be cited as the 'South Carolina Insurance Data Security Act'."
Effect of Amendment
2019 Act No. 6, Section 11, in (A), substituted "Section 38-99-20" for "this chapter", in (2), substituted "Section 38-99-20" for "this chapter", in (3), substituted "Section 38-99-20" for "this chapter" in two places, and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 99 - Insurance Data Security Act › Section 38-99-80. Penalties.

A licensee who violates a provision of this chapter is subject to penalties as provided in Section 38-2-10.
HISTORY: 2018 Act No. 171 (H.4655), Section 3, eff January 1, 2019.
Editor's Note
2018 Act No. 171, Sections 1 and 2, provide as follows:
"SECTION 1. The purpose and intent of this act is to establish standards for data security and standards for the investigation of and notification to the director of a cybersecurity event applicable to licensees. This act may not be construed to create or imply a private cause of action for a violation of its provisions nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this act.
"SECTION 2. This act is known and may be cited as the 'South Carolina Insurance Data Security Act'."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 99 - Insurance Data Security Act › Section 38-99-90. Regulations.

The director is authorized to promulgate regulations necessary for the administration of this chapter.
HISTORY: 2018 Act No. 171 (H.4655), Section 3, eff January 1, 2019.
Editor's Note
2018 Act No. 171, Sections 1 and 2, provide as follows:
"SECTION 1. The purpose and intent of this act is to establish standards for data security and standards for the investigation of and notification to the director of a cybersecurity event applicable to licensees. This act may not be construed to create or imply a private cause of action for a violation of its provisions nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this act.
"SECTION 2. This act is known and may be cited as the 'South Carolina Insurance Data Security Act'."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 99 - Insurance Data Security Act › Section 38-99-100. No creation of liability.

Nothing in this chapter creates any duty or liability for a provider of communication services for the transmission of voice, data, or other information over its network.
HISTORY: 2018 Act No. 171 (H.4655), Section 3, eff January 1, 2019.
Editor's Note
2018 Act No. 171, Sections 1 and 2, provide as follows:
"SECTION 1. The purpose and intent of this act is to establish standards for data security and standards for the investigation of and notification to the director of a cybersecurity event applicable to licensees. This act may not be construed to create or imply a private cause of action for a violation of its provisions nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this act.
"SECTION 2. This act is known and may be cited as the 'South Carolina Insurance Data Security Act'."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-10. Intent of chapter.

It is the intent of this chapter to foster innovative flood insurance coverages providing insurers the ability to test products in the market and consumers greater choice for flood insurance coverage.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-20. Definitions.

For the purposes of this section:
(1) "Flood" means:
(a) a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from:
(i) overflow of inland or tidal waters;
(ii) unusual and rapid accumulation or runoff of surface waters from any source; or
(iii) mudflow; or
(b) collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined in this section.
(2) "Mudflow" means a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water. Other earth movements, such as landslide, slope failure, or a saturated soil mass moving by liquidity down a slope, are not mudflows.
(3) "Private flood insurance" means personal lines or commercial lines flood insurance policies or endorsements providing coverage for the named peril of flood issued directly by insurers.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020; 2022 Act No. 195 (H.4832), Section 11, eff May 16, 2022.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
Effect of Amendment
2022 Act No. 195, Section 11, in (3), substituted "commercial lines" for "commercial" and "named peril" for "peril".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-30. Issuance of policies.

An insurer may issue an insurance policy, contract, or endorsement providing commercial lines or personal lines coverage for the named peril of flood or excess coverage for the named peril of flood on any structure and on the contents of commercial or personal property contained therein, or to insure against indirect losses from the named peril of flood subject to the requirements of this chapter. Any reference to policy in this chapter also includes endorsements that provide private flood insurance coverage.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020; 2022 Act No. 195 (H.4832), Section 12, eff May 16, 2022.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
Effect of Amendment
2022 Act No. 195, Section 12, in the first sentence, substituted "named peril" for "peril" in three places, and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-40. Private flood insurance policies; deductibles and policy limits.

(A) Private flood insurance policies issued pursuant to this chapter include:
(1) "Standard flood insurance", which means a private flood insurance policy which covers only losses from the named peril of flood at least equivalent, when taken as a whole, to that provided under a standard flood insurance policy under the National Flood Insurance Program (NFIP) including deductibles, exclusions, and other terms and conditions offered by the insurer. The policy form also must include:
(a) information about the availability of flood insurance coverage under the NFIP;
(b) a mortgage interest clause substantially similar to the clause contained in a standard flood insurance policy under the NFIP;
(c) a provision requiring an insured to file suit no later than one year after the date of a written denial of all or part of a claim under the policy; and
(d) cancellation provisions that are as restrictive as the provisions contained in a standard flood insurance policy under the NFIP.
(2) "Nonstandard flood insurance", which may, but is not required to, provide coverage designed to supplement a flood policy obtained from the NFIP or from an insurer issuing standard flood insurance pursuant to this section. This includes any other policy issued for the coverage of flood that does not meet the definition of a standard flood insurance policy as defined above. Nonstandard flood insurance also includes policies that have a broader definition of flood than that provided for in Section 38-101-20(1) and discretionary acceptance private flood insurance as provided for in 12 C.F.R. Part 208.25.
(B) Flood insurance deductibles and policy limits must be prominently noted on the policy declarations page or face page of the policy at issuance and renewal in at least ten-point font.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020; 2022 Act No. 195 (H.4832), Section 13, eff May 16, 2022.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
Effect of Amendment
2022 Act No. 195, Section 13, in (A)(1), in the first sentence, substituted "named peril" for "peril".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-50. Required filings with director; filing of prospective loss cost and supplementary rate information.

(A)(1) Every admitted insurer writing personal lines private flood insurance pursuant to this chapter shall file with the director all rates and supplementary rate information and all changes and amendments made by it for use in this State no later than ninety days after the effective date and such filing shall be considered a "use and file" filing. These filings are for informational purposes only.
(2) Commercial lines private flood insurance rates are subject to Regulation 69-64.
(3) Insurers shall establish rates based on actuarial data, methodologies, and standards and guidelines relating to flood insurance that produce rates that are not excessive, inadequate, or unfairly discriminatory.
(B)(1) A rating or advisory organization may file prospective loss cost and supplementary rate information on behalf of insurers. The loss cost and supplementary rate information are subject to the "use and file" provisions of this section, regardless of whether they are for commercial lines or personal lines private flood insurance.
(2) Each personal lines private flood insurer shall file its multiplier for expenses, assessments, profits, and contingencies to be applied to the loss cost and any information relied upon by the insurer to support the multiplier and any modifications to loss costs subject to the use and file provisions of this section.
(3) Licensees shall establish loss costs and multipliers for expenses based on actuarial data, methodologies, and standards and guidelines relating to flood insurance that produce rates that are not excessive, inadequate, or unfairly discriminatory. Filings pursuant to this subsection are for informational purposes only.
(C) All rate filings are confidential until final disposition by the director. Final disposition of rates and the filings are subject to public inspection in accordance with the provisions of the South Carolina Freedom of Information Act.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-60. Required filings with director; review of filings; filing on behalf of insurers.

(A) Every admitted insurer writing personal lines or commercial lines private flood insurance pursuant to this chapter shall file with the director all forms and all changes and amendments made by it for use in this State no later than ninety days after becoming effective. This form filing is considered a "use and file" filing.
(B) The director may at any time review a form, the pertinent records of the insurer, and market conditions. The director may at any time disapprove a form and shall notify the insurer. In reviewing the forms filed, the department may require the insurer to provide, at the insurer's expense, all information necessary to evaluate the filing. Upon notification, the insurer shall, within sixty days, file with the department all information which, in the belief of the insurer, establishes that the form is in compliance with this chapter and other applicable law. The insurer may appeal the final determination of the director or his designee to the South Carolina Administrative Law Court. The insurer shall carry the burden of proof by a preponderance of the evidence to show that the form complies with applicable South Carolina law.
(C) All form filings are confidential until final disposition by the director. Final form filings are subject to public inspection in accordance with the provisions of the South Carolina Freedom of Information Act.
(D) An advisory or rating organization may file forms on the behalf of insurers. These filings are subject to the "use and file" provisions of this section. If the director finds on a preliminary basis that a form does not comply with this chapter or other applicable law, the director shall disapprove the form and shall notify the rating or advisory organization. Upon notification, the rating or advisory organization shall, within sixty days, file with the department all information which, in the belief of the advisory or rating organization, establishes the form complies with this chapter and other applicable law. The advisory or rating organization may appeal the final determination of the director or his designee to the South Carolina Administrative Law Court. The advisory or rating organization shall carry the burden of proof by a preponderance of the evidence to show that the form complies with applicable South Carolina law.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-70. Surplus lines broker; placement of policy providing flood insurance to eligible surplus lines insurer.

A surplus lines broker may place a policy or endorsement providing flood insurance coverage to an eligible surplus lines insurer without making a diligent effort to seek such coverage from one or more admitted insurers required pursuant to Section 38-45-90.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-80. Additional requirements for admitted insurers providing private flood insurance coverage.

(A) In addition to any other applicable requirements pursuant to this title, any admitted insurer providing private flood insurance coverage that is considered standard flood insurance coverage in this State shall:
(1) notify the director or his designee at least thirty days before writing flood insurance in this State; and
(2) file a plan of operation and financial projections or revisions to such plan, as applicable, with the director or his designee.
(B) Admitted insurers writing private flood insurance shall comply with the requirements of Chapter 13 and are subject to examination in accordance with Chapter 13. Brokers placing flood insurance policies are subject to examination in accordance with Section 38-45-80.
(C) Subsection (A) does not impose new requirements on any insurer currently writing private flood insurance coverage at the time of enactment of this chapter.
(D) Admitted insurers exiting the private flood insurance market shall notify the director or his designee within forty-five days of the market exit.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-90. Written notice to applicants of consequences of discontinuing coverage under NFIP.

(A) Before placing a personal lines private flood insurance policy with an admitted or surplus lines insurer, an insurance producer, broker, or the insurer shall provide a written notice to the applicant advising that if the applicant discontinues coverage under the NFIP, which is provided at a subsidized rate, the full risk rate for flood insurance may apply to the property if the applicant later seeks to reinstate coverage under the program.
(B) This section only applies if the applicant lives in a special flood hazard area. The producer, broker, or insurer shall retain this notice for three years. This section automatically sunsets if there is federal legislation that allows the insured to switch between private flood insurance and NFIP coverage without penalty.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-100. Controlling law.

With respect to the regulation of private flood insurance written in this State by authorized insurers, this title controls if there is a conflict between this title and any other applicable state law.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-110. Certification of policy that equals or exceeds flood coverage offered by NFIP; misrepresentation.

(A) An admitted insurer offering flood insurance may certify that a policy, contract, or endorsement provides coverage for the named peril of flood which equals or exceeds the flood coverage offered by the NFIP. To be eligible for certification, the policy, contract, or endorsement must contain a provision stating that it meets the private flood insurance requirements specified in 42 U.S.C. Section 4012a(b) and may not contain provisions that, when taken as a whole, are not in compliance with 42 U.S.C. Section 4012a(b).
(B) The admitted insurer or its agent may reference or include a certification pursuant to subsection (A) in advertising or communications with an agent, a lending institution, an insured, or a potential insured only for a policy, contract, or endorsement that is certified pursuant to this section. The admitted insurer may include a statement that notifies an insured of the certification on the declarations page or other policy documentation related to flood coverage certified pursuant to this section.
(C) An insurer or agency who knowingly:
(1) misrepresents that a flood policy, contract, or endorsement is certified pursuant to this chapter; or
(2) misrepresents the scope of the coverage of the flood insurance policy, contract, or endorsement commits an unfair or deceptive act pursuant to Section 38-57-10, et seq. and is subject to the penalties set forth in this chapter.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020; 2022 Act No. 195 (H.4832), Section 14, eff May 16, 2022.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
Effect of Amendment
2022 Act No. 195, Section 14, in (A), in the first sentence, substituted "named peril" for "peril".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-120. Written notice of cancellation or nonrenewal; requirements.

(A) The insurer must give written notice ten days before cancellation due to nonpayment of premium or forty-five days before cancellation for a reason other than nonpayment of premium or nonrenewal of private flood insurance coverage to:
(1) the insured; and
(2) the federally supervised institution that made the designated loan secured by the property covered by the private flood insurance, or the servicer acting on its behalf, if any.
(B) The notice must:
(1) be filed with the director, or his designee, subject to the "use and file" requirements as set forth in Section 38-101-60;
(2) state the date no less than ten days before cancellation due to nonpayment of premium or forty-five days for any cancellation for a reason other than nonpayment of premium or nonrenewal; and
(3) inform the insured of its right to request a review by the South Carolina Department of Insurance.
(C)(1) An insurer may cancel or refuse to issue or renew a private flood insurance policy, except for the reasons set forth below:
(a) age;
(b) sex;
(c) race;
(d) color;
(e) creed;
(f) national origin;
(g) ancestry;
(h) marital status;
(i) income level; or
(j) lawful occupation, including the military service of the person seeking the coverage.
(2) Nothing in this section prohibits an insurer from limiting the issuance of private flood insurance policies covered in this chapter only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect.
(3) Nothing in this section prohibits an insurer from refusing to issue private flood insurance policies due to the exposure of flood.
(4) Notwithstanding the provisions of item (1), an insurer only may cancel a standard flood insurance policy in accordance with 42 U.S.C. Section 4012a(b).
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020; 2022 Act No. 195 (H.4832), Section 15, eff May 16, 2022.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
Effect of Amendment
2022 Act No. 195, Section 15, rewrote (A); and in (B), in (1), made nonsubstantive changes, and in (2), substituted "ten days before cancellation due to nonpayment of premium or forty-five days for any cancellation for a reason other than nonpayment of premium" for "forty-five days for any cancellation".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-130. Renewal of policy.

(A) If an insurer intends to renew a policy, the insurer shall furnish renewal terms and a statement of the amount of premium or estimated premium due for the renewal policy period in the manner required by this section.
(B) If the policy being renewed (original policy) is written for a term of one year or less, the renewal terms and statement of premium or estimated premium due must be furnished to the insured no less than forty-five days prior to the expiration date of the original policy.
(C) If the original policy is written for a term of more than one year or for an indefinite term, the renewal terms and statement of premium or estimated premium due must be furnished to the insured no less than forty-five days prior to the anniversary date of the original policy.
(D) The insurer may satisfy its obligation to furnish renewal terms and statement of premium or estimated premium due by either of the following methods:
(1) mailing or delivering renewal terms and statement to the insured via electronic delivery in accordance with South Carolina law, at the address shown in the policy or, if not reflected, at the last known address, no less than forty-five days prior to expiration or anniversary; or
(2) mailing or delivering renewal terms and statement to the producer or broker of record, if any, no less than sixty days prior to expiration or anniversary, along with instructions that the agent or broker furnish the renewal terms and statement to the insured no less than forty-five days prior to expiration or anniversary.
(E) If the insurer fails to furnish the renewal terms and statement of premium or estimated premium due in the manner required by this section, the insured may elect to cancel the renewal policy within the forty-five-day period following receipt of the renewal terms and statement of premium or estimated premium due. Earned premium for any period of coverage must be calculated pro rata based upon the premium applicable to the original policy and not the premium applicable to the renewal policy.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 101 - Private Flood Insurance Act › Section 38-101-140. Authorization to promulgate bulletins, orders, or regulations.

The department is authorized to promulgate by bulletin, order, or regulation the requirements necessary to implement the requirements of this chapter.
HISTORY: 2020 Act No. 166 (S.882), Section 2, eff November 27, 2020.
Editor's Note
2020 Act No. 166, Section 3, provides as follows:
"SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act."
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 1 - General Provisions › Section 39-1-10. Licensing of nonresidents to do business in State.

No nonresident of the State shall be licensed to do business in the State, except as a special agent or when the state in which the nonresident agent resides has a reciprocal license law, and then only when he reports his business for record as South Carolina business to some general or district agent of his company in the State or having territory within the State.
HISTORY: 1962 Code Section 66-1; 1952 Code Section 66-1; 1942 Code Section 9331; 1939 (41) 218.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 1 - General Provisions › Section 39-1-20. Making intentionally untrue statement in advertising.

Any person who knowingly with intent to sell or in any wise dispose of merchandise, securities, service or anything offered by such person, directly or indirectly, to the public for sale or distribution or with intent to increase the consumption thereof, to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or an interest therein makes, publishes, disseminates, circulates or places before the public or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public which contains any assertion, representation or statement of fact which is intentionally untrue shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment at hard labor for not less than thirty days nor more than six months, in the discretion of the court.
HISTORY: 1962 Code Section 66-3; 1952 Code Section 66-3; 1942 Code Section 1379; 1932 Code Section 1379; 1924 (33) 1133.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 1 - General Provisions › Section 39-1-30. Signs shall be displayed by sellers of Japanese textiles.

Every person operating a wholesale or retail establishment in the State which sells Japanese textile goods, or garments made therefrom, shall display in a conspicuous place upon the doors of such establishment, in letters not less than four inches high, a sign reading as follows: "Japanese Textiles Sold Here." Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 66-8; 1956 (49) 1667.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 1 - General Provisions › Section 39-1-40. Photographic copies of business instruments or records.

Any person doing business in this State may photograph on film, or on paper which meets the minimum standards of quality approved for photographic records of the National Bureau of Standards, any instrument or record in writing used in or acquired in the conduct of his business. The original of any instrument or record so photographed may be disposed of or destroyed, but the photographs of such instruments or records shall be preserved or kept as may now be provided by law relating to the originals.
HISTORY: 1962 Code Section 66-9; 1957 (50) 179.