If he considers it necessary, the director or his designee may apply to a judge of the circuit court to issue an injunction restraining a domestic insurer whose certificate of authority has been suspended, in whole or in part, from proceeding further with its business. The judge may immediately issue the injunction and, upon notice and after a full hearing of the matter, may (a) dissolve or modify the injunction or make it permanent, (b) make all orders and judgments necessary in the matter, and (c) appoint agents or a receiver to take possession of the property and effects of the insurer and to settle its affairs, subject to any rules and orders the court prescribes.
HISTORY: Former 1976 Code Section 38-5-160 [1947 (45) 322; 1952 Code Section 37-112; 1962 Code Section 37-112] recodified as Section 38-5-120 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-190 [1947 (45) 322; 1952 Code Section 37-115; 1962 Code Section 37-115] recodified as Section 38-5-160 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
Structure South Carolina Code of Laws
Chapter 5 - Authority And Requirements To Transact Business
Section 38-5-10. Insurers must be licensed and supervised; exceptions.
Section 38-5-30. Kinds of insurance for which an insurer may be licensed.
Section 38-5-40. Kinds of insurance for which life insurer may be licensed.
Section 38-5-50. Certain insurers may not be licensed to write life insurance.
Section 38-5-60. Qualifications to become an approved reinsurer.
Section 38-5-70. Appointment of director as attorney for service of process.
Section 38-5-110. Approval of charters or amendments of charter.
Section 38-5-130. Monetary penalty in lieu of license revocation or suspension.
Section 38-5-140. Opportunity for hearing.
Section 38-5-150. Funds may not be paid during suspension without approval.
Section 38-5-160. Injunction, receivership.
Section 38-5-180. Authority required for insurer to operate in State.