(A) No cause of action may arise nor may liability be imposed against:
(1) the director, the director's authorized representatives or his designees, or an examiner appointed by the director for statements made or conduct performed in good faith while carrying out Sections 38-13-10 through 38-13-40;
(2) a person for communicating or delivering information or data to the director or the director's authorized representative or examiner pursuant to an examination made under Sections 38-13-10 through 38-13-40 if the communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.
(B) This section does not abrogate or modify common law or statutory privilege or immunity enjoyed by a person identified in subsection (A).
(C) A person identified in subsection (A) may receive attorney's fees and costs if he is the prevailing party in a civil cause of action for libel, slander, or another relevant tort arising out of his activities in carrying out Sections 38-13-10 through 38-13-40 and the party bringing the action was not justified substantially in doing so. For purposes of this section a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time that it was initiated.
HISTORY: Former 1976 Code Section 38-13-60 [1947 (45) 322; 1952 Code Section 37-606; 1962 Code Section 37-606] recodified as Section 38-15-40 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-1290 [1947 (45) 322; 1952 Code Section 37-286; 1962 Code Section 37-286] recodified as Section 38-13-60 by 1987 Act No. 155, Section 1; 1992 Act No. 394, Section 1; 1993 Act No. 181, Section 537.
Structure South Carolina Code of Laws
Chapter 13 - Examinations, Investigations, Records, And Reports
Section 38-13-40. Examiners not to be appointed if conflict of interest exists; exceptions.
Section 38-13-50. Insurer to pay cost of examination; civil action to recover costs.
Section 38-13-60. Immunity from liability; recovery of attorney fees and costs if prevailing party.
Section 38-13-70. Investigation of charges; liability for expenses.
Section 38-13-80. Annual statement as to business standing and financial condition.
Section 38-13-90. Publication of assets and liabilities.
Section 38-13-100. Items to be included as liabilities in financial statements.
Section 38-13-110. Treatment of contingent debts or liabilities in financial statements.
Section 38-13-120. Record of business done; inspection by Director or designee.
Section 38-13-130. Records of losses and claims.
Section 38-13-140. Refusal to exhibit records; false statements; confidentiality of replies.
Section 38-13-150. Returns of reinsurance by insurers; effect of refusal.
Section 38-13-160. Director or designee may require special reports; confidentiality of replies.
Section 38-13-170. Penalties for making or aiding in making false statement.
Section 38-13-180. Insurance reserve fund defined.
Section 38-13-200. Penalty for refusal to be examined under oath.
Section 38-13-310. Supplemental report.
Section 38-13-320. Data in supplemental report.
Section 38-13-340. Review of supplemental reports.
Section 38-13-350. Filing of required information.
Section 38-13-360. Penalty for failure to comply with provisions of article.
Section 38-13-700. Periodic examination of unemployment compensation fund; duties of director.
Section 38-13-710. Who may request examination; contents of request.
Section 38-13-730. Verification of data provided by department; sample data testing.
Section 38-13-750. Conflict of interest prohibited.
Section 38-13-760. Department to pay charges.
Section 38-13-810. Purpose; application; findings.
Section 38-13-820. Definitions.
Section 38-13-830. Risk management framework.
Section 38-13-840. Insurers required to conduct ORSA on no less than an annual basis.
Section 38-13-850. ORSA Summary Reports.
Section 38-13-860. Exemptions.
Section 38-13-870. Preparation of ORSA Summary Report; review; requests for information.
Section 38-13-880. Confidentiality.
Section 38-13-900. Effective date.
Section 38-13-1000. Purpose; construction; application.
Section 38-13-1010. Definitions.
Section 38-13-1020. Submission of Corporate Governance Annual Disclosure.
Section 38-13-1030. Rules, regulations, and orders.
Section 38-13-1060. Retention of third-party consultants.