If, after due notice and hearing, the director or his designee determines that the insurer has engaged in any of the improper claim practices defined in Section 38-59-20, he shall order the insurer to cease and desist from the practice and may impose a penalty as provided in Section 38-2-10. If the penalty is imposed, the penalty may not be considered a cost of the insurer for purposes of determining whether or not the rates of the insurer warrant adjustment.
HISTORY: Former 1976 Code Section 38-37-1120 [1962 Code Section 37-591.57; 1974 (58) 2718] recodified as Section 38-59-30 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 30; 1993 Act No. 181, Section 723.
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.