The Department of Insurance shall enforce the provisions of this article. If, after due notice and hearing, the Director of the Department of Insurance or his designee determines that an insurer has failed to meet the obligations imposed by this article, he shall order the insurer to cease and desist from the practice, to correct any errant business practices, and to make any payments due, including applicable interest. If an insurer does not comply with the order within thirty days, the director or his designee may then impose a penalty as provided in Section 38-2-10. Nothing in this article may be construed to create a private right of action to enforce the specific provisions of this article.
HISTORY: 2008 Act No. 356, Section 1, eff one year after approval by the Governor (approved June 11, 2008).
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.