When an insurer under an insurance policy requires a written proof of loss after the notice of the loss has been given by the insured or beneficiary, the insurer or its representative shall furnish a blank to be used for that purpose. If the forms are not furnished within twenty days after the receipt of the notice, the claimant is considered to have complied with the requirements of the policy as to proof of loss upon submitting within the time fixed in the policy for filing proofs of loss written proof covering the occurrence, character, and extent of the loss for which claim is made. The twenty-day period after notice of loss to furnish forms applies to all types of insurance unless a lesser time period is specifically provided by law.
HISTORY: Former 1976 Code Section 38-59-10 [1976 Act No. 673; 1976 Act No. 745 Section 1] recodified as Section 38-79-10 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-9-300 [1947 (45) 322; 1952 Code Section 37-166; 1962 Code Section 37-166] recodified as Section 38-59-10 by 1987 Act No. 155, Section 1.
Structure South Carolina Code of Laws
Section 38-59-10. Proof of loss forms required to be furnished.
Section 38-59-20. Improper claim practices.
Section 38-59-25. Coverage decisions not constituting practice of medicine.
Section 38-59-30. Notice and hearing by director or designee; penalties.
Section 38-59-40. Liability for attorneys' fees where insurer has refused to pay claim.
Section 38-59-50. Payment or settlement of benefits in merchandise or services prohibited.
Section 38-59-200. Citation of article.
Section 38-59-210. Definitions.
Section 38-59-220. Requesting fee schedule from insurer; confidentiality.
Section 38-59-240. Interest on payments later than applicable period; exceptions.
Section 38-59-250. Initiation of overpayment recovery efforts.
Section 38-59-260. Application of requirements of article.
Section 38-59-270. Enforcement; cease and desist orders; penalty; private right of action.