H*4865 Session 111 (1995-1996)
H*4865(Rat #0435, Act #0378 of 1996) General Bill, By Law, Bailey, H. Brown,
Cato, Dantzler, D. Williams, S.S. Wofford and Young-Brickell
Similar(S 1305)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
38-73-1095 so as to provide that a private insurer licensed to underwrite
"essential property insurance" may file and use certain rates for the
coverages detailed in Section 38-75-310(1) and the process for filing and
having the rates approved; and by adding Section 38-75-386 so as to provide
that liability or a cause of action may not arise against certain persons for
certain statements made to or information provided to an insurer to facilitate
the underwriting of certain essential property insurance or to facilitate
competition for the underwriting of certain essential property insurance; to
amend Section 38-75-310, as amended, relating to property, casualty, and title
insurance definitions, so as to define "seacoast area"; and to amend Sections
38-73-910 and 38-73-920, both as amended, relating to the notice of hearing
that must be provided before granting certain insurance premium rate
increases, so as to provide that private insurers licensed to underwrite
essential property insurance may file and use certain rates within the coastal
area of the State.-amended title
04/02/96 House Introduced and read first time HJ-5
04/02/96 House Referred to Committee on Labor, Commerce and
Industry HJ-5
04/17/96 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-5
04/23/96 House Amended HJ-54
04/23/96 House Read second time HJ-54
04/24/96 House Read third time and sent to Senate HJ-13
04/24/96 Senate Introduced and read first time SJ-45
04/24/96 Senate Referred to Committee on Banking and Insurance SJ-45
05/07/96 Senate Recalled from Committee on Banking and Insurance SJ-6
05/09/96 Senate Amended SJ-96
05/09/96 Senate Read second time SJ-96
05/09/96 Senate Unanimous consent for third reading on next
legislative day SJ-96
05/10/96 Senate Read third time and returned to House with
amendments SJ-1
05/15/96 House Concurred in Senate amendment and enrolled HJ-49
05/23/96 Ratified R 435
05/29/96 Signed By Governor
05/29/96 Effective date 05/29/96
06/14/96 Copies available
06/14/96 Act No. 378
(A378, R435, H4865)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO
PROVIDE THAT A PRIVATE INSURER LICENSED TO
UNDERWRITE "ESSENTIAL PROPERTY INSURANCE"
MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES
DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR
FILING AND HAVING THE RATES APPROVED; BY ADDING
SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A
CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN
PERSONS FOR CERTAIN STATEMENTS MADE TO OR
INFORMATION PROVIDED TO AN INSURER TO FACILITATE
THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY
INSURANCE OR TO FACILITATE COMPETITION FOR THE
UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY
INSURANCE; TO AMEND SECTION 38-75-310, AS AMENDED,
RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE
DEFINITIONS, SO AS TO DEFINE "SEACOAST AREA";
AND TO AMEND SECTIONS 38-73-910 AND 38-73-920, BOTH AS
AMENDED, RELATING TO THE NOTICE OF HEARING THAT
MUST BE PROVIDED BEFORE GRANTING CERTAIN INSURANCE
PREMIUM RATE INCREASES, SO AS TO PROVIDE THAT
PRIVATE INSURERS LICENSED TO UNDERWRITE ESSENTIAL
PROPERTY INSURANCE MAY FILE AND USE CERTAIN RATES
WITHIN THE COASTAL AREA OF THE STATE.
Be it enacted by the General Assembly of the State of South
Carolina:
Essential property insurance
SECTION 1. The 1976 Code is amended by adding:
"Section 38-73-1095. (A) Any private insurer licensed to
underwrite `essential property insurance' as defined by Section
38-75-310(1), notwithstanding any limitations included within this title,
may file and use any rates for the coverages detailed within Section
38-75-310(1) which result in insurance premium rates of ninety percent,
or less, of the insurance premium rates then approved for the South
Carolina Wind and Hail Underwriting Association for use within the
coastal area of South Carolina as defined by Section 38-75-310(5).
Filings for these insurance premium rates must be made upon forms
prescribed by the director or his designee and must apply only to
essential property insurance premium rates for the coastal area. Within
thirty days after the filing of the rates, the director or his designee must
notify the insurer or rating organization filing the rates of his approval or
his disapproval of those rates. If the rates are disapproved, then the
director or his designee must notify the insurer or the rating organization
of the specific reason for disapproval. The director or his designee may
extend for up to an additional thirty days the period within which he
must approve or disapprove the rates. Any rates received, which are
neither approved nor disapproved by the director, must be deemed
approved at the expiration of the thirty-day period or, if that period has
been extended, at the expiration of the extended period. However, no
insurer or rating organization may use rates considered approved under
the provisions of this section unless and until the insurer or rating
organization has filed a written notice of its intent to use the rates. The
notice must be filed with the director or his designee at least ten days
before the insurer's or rating organization's use of the deemed rates.
(B) In considering any rate filing for insurance premium rates for
essential property insurance in the coastal area or in the seacoast area, the
director or his designee, in addition to other factors considered under this
title, may consider past and prospective expenses and recoveries
associated with catastrophe reinsurance and past and prospective loss
experience including windstorm catastrophe models and simulations.
(C) Rating plans for essential property insurance in the coastal area or
in the seacoast area, may include discounts and credits or surcharges and
debits calculated upon the following rating factors:
(1) use of storm shutters;
(2) use of roof tie downs;
(3) construction standards;
(4) building codes;
(5) distance from water;
(6) elevation;
(7) flood insurance;
(8) policy deductibles;
(9) other applicable factors requested by the insurer or rating
organization or selected by order of the director involving the risk or
hazard.
(D) This section does not preclude any insurer from using
consent-to-rate pursuant to Section 38-73-1060 for any essential property
insurance risk in the coastal area or the seacoast area of this
State."
Essential property insurance; liability
SECTION 2. The 1976 Code is amended by adding:
"Section 38-75-386. No liability on the part of, and no cause of
action of any nature may arise against, the director, the Department of
Insurance or its staff, the association, any member insurer, the
association's agents or employees, its Board of Directors, or the legal
representatives of any of the above persons, for any act or omission made
in good faith or for any statement made to, or for information provided
to, any insurer regarding rates; premiums; classifications; cancellations,
determinations, or nonrenewals of coverage; underwriting; inspections; or
claims experience history made to facilitate the underwriting of essential
property insurance for risks in the coastal area by private insurers or to
facilitate competition for the underwriting of essential property insurance
for risks in the coastal area among private insurers."
Definition
SECTION 3. Section 38-75-310 of the 1976 Code, as last amended by
Act 504 of 1994, is further amended by adding:
"(7) `Seacoast area' means all areas within Horry, Georgetown,
Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper
Counties."
Essential property insurance
SECTION 4. Section 38-73-910 of the 1976 Code, as last amended by
Act 300 of 1996, is further amended by adding at the end:
"However, a private insurer licensed to underwrite essential
property insurance as defined by Section 38-75-310(1), notwithstanding
any limitations included within this title, may file and use, pursuant to
the provisions of Section 38-73-1095, any rates which result in insurance
premium rates of ninety percent, or less, of the insurance premium rates
then approved for the South Carolina Wind and Hail Underwriting
Association for use within the coastal area of South Carolina as defined
by Section 38-75-310(5)."
Insurance premium rates
SECTION 5. Section 38-73-920 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended by adding at the end:
"However, a private insurer licensed to underwrite essential
property insurance as defined by Section 38-75-310(1), notwithstanding
any limitations included within this title, may file and use, pursuant to
the provisions of Section 38-73-1095, any rates which result in insurance
premium rates of ninety percent, or less, of the insurance premium rates
then approved for the South Carolina Wind and Hail Underwriting
Association which result in an insurance premium increase for any
policyholder situated within a coastal area of South Carolina as defined
by Section 38-75-310(5) not more than once in any six-month
period."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1996. |