(a) Every insurer who is authorized to write insurance in this State must file annually with the National Association of Insurance Commissioners by March first a copy of its annual statement convention blank and any quarterly statements required by this title along with any additional filings prescribed by the director, or his designee, for the preceding year in an electronic format acceptable to the National Association of Insurance Commissioners. The information filed with the National Association of Insurance Commissioners must be in the same format and scope as that required by the director, or his designee, and must include the signed jurat page and the actuarial certification. Any amendments and addenda to the annual statement filing subsequently filed with the director, or his designee, also must be filed with the National Association of Insurance Commissioners in an electronic format acceptable to the National Association of Insurance Commissioners. Foreign insurers domiciled in a state which has a law substantially similar to this subsection are considered in compliance with this subsection.
(b) In the absence of actual malice, members of the National Association of Insurance Commissioners, their authorized committees, subcommittees, and task forces, their delegates, National Association of Insurance Commissioners' employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks are acting as agents of the director or his designee under the authority of this section and are not subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required by this subsection.
(c) All financial analysis ratios and examination synopses concerning insurers submitted to the department by the National Association of Insurance Commissioners' Insurance Regulatory Information System are confidential and may not be disclosed by the department.
HISTORY: 1988 Act No. 332; 1993 Act No. 181, Section 537; 2022 Act No. 195 (H.4832), Section 6, eff May 16, 2022.
Effect of Amendment
2022 Act No. 195, Section 6, rewrote (a).
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.