If a creditor provides insurance, the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor at the time of the transaction where the debtor is present at the creditor's place of business.
If the debtor is not present at the creditor's place of business at the time of the transaction, the individual policy or certificate of insurance must be sent to him at his address as stated by him, within thirty days after the term of the insurance commences under the agreement between the creditor and debtor or the creditor shall promptly notify the debtor of any failure or delay in providing the insurance.
Each policy or certificate of credit life insurance or credit accident and sickness insurance shall set forth the following on the first page of the policy or attached thereto in a manner that is clear and conspicuous and achieves a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test:
(a) the name, address, and telephone number of the insurer and the process to be followed in submitting a claim;
(b) the name or names of the debtor, or in the case of a certificate, the identity by name or otherwise of the debtor;
(c) the age or date of birth of the debtor;
(d) the premium or amount payable by the debtor separately for credit life insurance and credit accident and sickness insurance;
(e) a description of the coverage including the amount and term of the coverage, and any exceptions, limitations, or restrictions;
(f) a statement that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness;
(g) a statement that, if the amount of insurance exceeds the amount necessary to discharge the indebtedness, any excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to the debtor's estate;
(h) a conspicuous statement that the insured debtor shall have the right to cancel the insurance policy or group certificate and have all the premiums paid by or charged to the insured debtor refunded or credited, upon giving written notice to the insurer within thirty days from the date the insured debtor received the policy or certificate;
(i) a conspicuous statement which reads as follows: "For specific information about credit insurance issued in conjunction with your loan, contact your creditor or your insurance company. For general information about credit insurance or complaints regarding your credit insurance, please contact the South Carolina Department of Insurance at [current toll-free number]."; and
(j) the provisions of this section do not apply to insurance for which no identifiable charge is made to the debtor.
HISTORY: 1999 Act No. 66, Section 7, eff January 1, 2000.
Structure South Carolina Code of Laws
Title 34 - Banking, Financial Institutions and Money
Chapter 29 - Consumer Finance Law
Section 34-29-10. Definitions.
Section 34-29-20. License; exemptions; loans violating requirements are void.
Section 34-29-30. Application for license; fees.
Section 34-29-40. Issuance or denial of license.
Section 34-29-50. Contents of license; posting; nonassignability; duration; annual fee.
Section 34-29-60. Licenses for more than one place of business; removal.
Section 34-29-70. Licensing purchaser of business.
Section 34-29-80. Revocation, suspension, surrender, and reinstatement of licenses.
Section 34-29-90. Examinations; investigations; orders to desist; injunctions.
Section 34-29-100. Books and records; reports; publication of analysis.
Section 34-29-110. Rules and regulations; copies of licenses, regulations and orders.
Section 34-29-120. Advertising.
Section 34-29-130. Conducting business with other business; loans shall be made in name of licensee.
Section 34-29-140. Loans; charges; installments; maturity; prohibitions; penalties.
Section 34-29-160. Insurance on security and borrower.
Section 34-29-161. Payment on insurance claim; damages; fees; costs.
Section 34-29-162. Refinancing loan; nonlapsed insurance coverage.
Section 34-29-163. Effect of misrepresentation by insured.
Section 34-29-164. Amount charged for nonfiling insurance coverage.
Section 34-29-165. Evidence of insurability.
Section 34-29-166. Insurance provided by creditor; delivery of policy; information on policy.
Section 34-29-170. Confession of judgment or power of attorney to confess judgment shall be void.
Section 34-29-180. Judicial review of orders or decisions of board.
Section 34-29-190. Disposition of fees and other funds.
Section 34-29-200. Chief administrative officer and other personnel.
Section 34-29-210. Appointment of Director as agent for service of process.
Section 34-29-220. Foreign loans.
Section 34-29-240. Licenses for persons engaged in lending on December 1, 1965.
Section 34-29-250. Violations.
Section 34-29-260. Modification, amendment, or repeal of chapter.