(1) The purpose of this chapter is to protect, subject to certain limitations, the persons specified in Section 38-29-40(1) against failure in the performance of contractual obligations of certain life, health, and annuity policies, plans, or contracts due to the impairment or insolvency of the member insurer issuing these policies, plans, or contracts.
(2) To provide this protection, an association of member insurers is created to pay benefits and continue coverage in the manner provided for in this chapter and the member insurers are subject to an assessment to provide funds to carry out this purpose.
HISTORY: Former 1976 Code Section 38-29-30 [1962 Code Section 37-1402; 1971 (57) 351; 1986 Act No. 426, Section 2] recodified as Section 38-21-30 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-30 [1962 Code Section 37-562; 1972 (57) 2776] recodified as Section 38-29-30 by 1987 Act No. 155, Section 1; 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, rewrote the section.
Structure South Carolina Code of Laws
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 38-29-60. 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 38-29-110. Detection and prevention of insurer impairments.
Section 38-29-120. Appointment of special deputy for director.
Section 38-29-140. Examination and regulation of Association; annual reports.
Section 38-29-150. Exemption of Association from fees and taxes.
Section 38-29-170. Immunity from liability for action taken under chapter.
Section 38-29-180. Stay of proceedings involving impaired insurer; setting aside default judgment.