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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-190 SO AS TO PROVIDE THAT NO INSURER MAY SELECTIVELY LIMIT ITS INSURANCE OFFERINGS IN SOUTH CAROLINA DEFINED AS FAILING TO OFFER A KIND OR LINE OF INSURANCE WHICH THE INSURER OR AN AFFILIATED INSURER OFFERS IN ANOTHER JURISDICTION, TO PROVIDE THAT AN INSURER IN ADMINISTERING ITS UNDERWRITING PRACTICES MUST MAKE MEANINGFUL AND NONDISCRIMINATORY OFFERS TO WRITE PARTICULAR LINES OF INSURANCE THROUGHOUT THIS STATE, AND TO PROVIDE THAT IN REGARD TO PROPERTY INSURANCE AN INSURER MUST TAKE INTO ACCOUNT BOTH NATIONAL FACTORS AS WELL AS LOSS FACTORS PARTICULAR TO THIS STATE WHEN VIEWED OVER A SPECIFIED PERIOD OF TIME OF NOT LESS THAN TWENTY-FIVE YEARS; AND TO PROVIDE A VIOLATION OF THE PROVISIONS OF THIS SECTION BY AN INSURER IS CONSIDERED AN UNFAIR INSURANCE TRADE PRACTICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 57, Title 38 of the 1976 Code is amended by adding:
"Section 38-57-190. (A) No insurer offering or writing policies in this State may selectively limit its insurance offerings to prospective insureds in South Carolina defined as failing to offer in this State a kind or line of insurance which the insurer or an affiliated insurer as defined by the Department of Insurance offers in another jurisdiction. An insurer need not offer every kind or line of insurance, or any particular kind or line of insurance, in this State; however, if, on July 1, 2007, an insurer offers a particular kind or line of insurance anywhere it does business, it must offer the same kind or line in this State.
(B) In addition to the requirements of subsection (A), an insurer in administering its underwriting practices and requirements must make meaningful and nondiscriminatory offers to write particular lines of insurance throughout this State. In regard to property insurance, an insurer must take into account both national factors or predictions as well as loss factors particular to this State when viewed over a specified period of time of not less than twenty-five years.
(C) A violation of the provisions of this section by an insurer is considered an unfair insurance trade practice within the meaning of this chapter.
(D) The department shall promulgate regulations to administer the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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