South Carolina Code of Laws
Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association
Section 38-29-170. Immunity from liability for action taken under chapter.

There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer or its agents or employees, the association's agents or employees, members of the board of directors, or the director or his representatives for any action taken or omission by them in the authorized performance of their powers and duties under this chapter. This section does not relieve the association of any of its statutory obligations. The immunity extends to the participation in an organization of one or more state associations of similar purposes and to such organization, its agents, and employees.
HISTORY: Former 1976 Code Section 38-29-170 [1962 Code Section 37-1415; 1971 (57) 351; 1986 Act No. 426, Section 12] recodified as Section 38-21-180 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-170 [1962 Code Section 37-578; 1972 (57) 2776] recodified as Section 38-29-170 by 1987 Act No. 155, Section 1; 1988 Act No. 379, Section 3; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.

Editor's Note
2020 Act No. 121, Section 1.B, provides as follows:
"[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."
Effect of Amendment
2020 Act No. 121, Section 1.A, in the first sentence, inserted "or omission" following "any action taken", in the second sentence, substituted "statutory obligations" for "liability", and added the third sentence.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association

Section 38-29-10. Short title.

Section 38-29-20. Definitions.

Section 38-29-30. Declaration of purpose.

Section 38-29-40. Application of chapter; limitations.

Section 38-29-50. Association created; membership as a condition of authority to transact insurance; accounts; supervision.

Section 38-29-60. Board of directors.

Section 38-29-70. Powers and duties of Association.

Section 38-29-80. Assessments.

Section 38-29-90. Plan of operation.

Section 38-29-100. Duties and powers of director; suspension or revocation of certificate of authority; appeals from board of directors; notice to interested persons of effect of chapter.

Section 38-29-110. Detection and prevention of insurer impairments.

Section 38-29-120. Appointment of special deputy for director.

Section 38-29-130. Assessment liability of insureds not reduced; records of Association; Association considered creditor of impaired insurer; distribution of assets of impaired insurer; unfair trade practice; recovery procedure.

Section 38-29-140. Examination and regulation of Association; annual reports.

Section 38-29-150. Exemption of Association from fees and taxes.

Section 38-29-160. Showing certificate of contribution as asset; offset of write-off against tax liability; payment of certain refunds to State.

Section 38-29-170. Immunity from liability for action taken under chapter.

Section 38-29-180. Stay of proceedings involving impaired insurer; setting aside default judgment.

Section 38-29-190. Final date for filing claims.

Section 38-29-200. Prohibition against using existence of Association for the purpose of insurance sales; preparation of summary document describing general purposes and limitations of this chapter.

Section 38-29-210. Construction.