(1) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the debtor or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason of prepayment is retained by the creditor or returned to him by the insurer unless the charge was computed from time to time on the basis of the balances of the debtor's account.
(2) This chapter does not require a creditor to grant a refund or credit to the debtor if any refund or credit due to the debtor under this chapter amounts to less than two dollars, and except as provided in subsection (1) does not require the creditor to account to the debtor for any portion of a separate charge for insurance because:
(a) the insurance is terminated by performance of the insurer's obligation;
(b) the creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them; or
(c) the creditor receives directly or indirectly under any policy of insurance a gain or advantage not prohibited by law.
(3) Except as provided in subsection (2), the creditor shall promptly make or cause to be made an appropriate refund or credit to the debtor with respect to any separate charge made to him for insurance if
(a) the insurance is not provided or is provided for a shorter term than for which the charge to the debtor for insurance was computed; or
(b) the insurance terminates prior to the end of the term for which it was written because of prepayment in full or otherwise.
(4) A refund or credit required by subsection (3) is appropriate as to amount if it is computed according to a method prescribed or approved by the Director of the Department of Insurance or a formula filed by the insurer with the Director of the Department of Insurance at least thirty days before the debtor's right to a refund or credit becomes determinable, unless the method or formula is employed after the Insurance Commissioner notifies the insurer that he disapproves it. The rule of 78's or sum of the digits method is a proper method of computing refunds.
HISTORY: 1962 Code Section 8-800.298; 1974 (58) 2879; 1985 Act No. 139, Section 3.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Section 37-4-101. Short title.
Section 37-4-103. "Consumer credit insurance" defined.
Section 37-4-104. Creditor's provision of and charge for insurance; excess amount of charge.
Section 37-4-105. Conditions applying to insurance to be provided by creditor.
Section 37-4-106. Unconscionability.
Section 37-4-107. Maximum charge by creditor for insurance.
Section 37-4-108. Refund or credit required; amount.
Section 37-4-109. Existing insurance; choice of insurer.
Section 37-4-111. Cooperation between administrator and the Director of the Department of Insurance.
Section 37-4-112. Administrative action of Director of the Department of Insurance.
Section 37-4-201. Term of insurance; medical evidence of insurability disclosure requirements.
Section 37-4-202. Amount of insurance.
Section 37-4-203. Filing and approval of rates and forms.
Section 37-4-204. Minimum charges and retentions.
Section 37-4-205. Payment on legitimate insurance claim; damages; fees; costs.
Section 37-4-206. Required disclosures; need for debtor to sign.
Section 37-4-207. Misrepresentation of medical condition as basis for voiding insurance.
Section 37-4-208. Amount charged for nonfiling insurance coverage.
Section 37-4-209. Combining disclosures.
Section 37-4-210. What constitutes disability.
Section 37-4-301. Property insurance.
Section 37-4-302. Insurance on creditor's interest only.