(A) Except as provided in subsection (B), overall average rate-level increases or decreases, for all coverages combined, of seven percent above or below the insurer's rates then in effect may take effect without prior approval on a file and use basis with respect to rates for fire, allied lines, and homeowner's insurance policies. The seven percent cap does not apply on an individual insured basis.
(B) Notwithstanding another provision of this chapter, for any policies governed by this section, filings that produce rate-level changes within the limitation specified in subsection (A) become effective without prior approval. No more than two rate increases within the limitation specified in subsection (A) may be implemented during a twelve-month period and the second rate increase filing in the twelve-month period is subject to prior approval.
(C) A rate increase or decrease falling within the limitation in subsection (B) may become effective not less than thirty days after the date of the filing with the director. The filing is considered to meet the requirements of this chapter. If the director finds that this filing is not in compliance with this chapter, he shall issue a written order specifying in detail the provisions with which the insurer has not complied and state a reasonable period in which the filing is considered no longer effective. An order by the director pursuant to this section that is issued more than thirty days from the date on which the director received the rate filing is on a prospective basis only and does not affect a contract issued or made before the effective date of the order.
(D) Rate filings falling outside the limitation specified in subsection (B) are subject to the prior approval of the director or his designee. The director or his designee shall approve or disapprove these filings pursuant to the provisions of Sections 38-73-960 and 38-73-990.
(E) With respect to applications for rate increases for fire, allied lines, and homeowner's insurance that exceed the seven percent cap as provided in subsection (A) and if an applicant insurer had earned premiums in this State in the previous calendar year of more than ten million dollars for the line or type of insurance for which the rate increase is sought, the director or his designee shall provide a copy of the filing to the Consumer Advocate or, in the alternative, shall direct the insurer to provide a copy simultaneously to the Consumer Advocate. Within ten business days of the receipt of the filing, the Consumer Advocate may request from the insurer additional information. A copy of the request must be served on the director or his designee. Within ten business days of the receipt of the information sought, the Consumer Advocate shall inform the insurer and the director if, in his opinion, the filing is not in compliance with this chapter and specify in detail the reason for his opinion. If the filing is accepted by the director and becomes effective, the Consumer Advocate, upon good cause shown, may request a hearing before the Administrative Law Court. An order of the administrative law judge issued pursuant to the provisions of this section is on a prospective basis only and does not affect any contract issued or made before the effective date of the order.
(F)(1) Nothing in this section prevents the director or his designee from considering the impact on individual territories or individual insureds when determining whether the rate is excessive, inadequate, or unfairly discriminatory. Rate level increases or decreases falling within the limitation specified in this subsection must comply with the requirements of this chapter prohibiting rate increases from being excessive, inadequate, or unfairly discriminatory.
(2) With respect to fire, allied lines, and homeowner's rates, the director or his designee shall specifically review all rate filings made on or after June 1, 2007, to ensure that each insurer's rates for policies that exclude wind coverage reflect a discount commensurate with that insurer's previously filed surcharge for policies that include wind coverage.
(3) This subsection does not apply to private passenger automobile insurance nor to insurance against liability arising out of the ownership, maintenance, or the use of:
(a) an individual private passenger automobile as defined in Section 38-77-30(5.5)(a); or
(b) property having wheels.
HISTORY: 2004 Act No. 290, Section 1, eff July 29, 2004; 2006 Act No. 332, Section 10, eff June 1, 2006; 2007 Act No. 78, Section 8, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006.
Structure South Carolina Code of Laws
Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations
Section 38-73-10. Declaration of purpose; construction.
Section 38-73-20. Scope of chapter.
Section 38-73-30. Insurance subject to dual regulation.
Section 38-73-40. Recording and reporting of loss and expense experience.
Section 38-73-50. Interchange of rating plan data.
Section 38-73-60. Consultation with other states.
Section 38-73-70. Regulations.
Section 38-73-80. Withholding or giving false or misleading information.
Section 38-73-90. Examinations of rating organizations, advisory groups, and other organizations.
Section 38-73-110. Suspension of license.
Section 38-73-120. Hearing as prerequisite to imposition of penalty or suspension of license.
Section 38-73-130. Hearing procedure; judicial review.
Section 38-73-210. Article title and application.
Section 38-73-220. Approval process for rate level changes.
Section 38-73-250. Rate filings where line declared noncompetitive.
Section 38-73-270. Consumer information system.
Section 38-73-310. Scope of article.
Section 38-73-320. Insurance subject to both this article and Article 5.
Section 38-73-325. Absence of credit information.
Section 38-73-330. Making of rates.
Section 38-73-340. Rate filings required.
Section 38-73-410. Scope of article.
Section 38-73-420. Insurance subject to both this article and Article 3.
Section 38-73-425. Absence of credit information.
Section 38-73-430. Making of rates.
Section 38-73-440. Certain factors may not be considered in determining automobile insurance rates.
Section 38-73-470. Disposition of uninsured motorist premium.
Section 38-73-480. Rate for group automobile insurance.
Section 38-73-490. Workers' compensation rates.
Section 38-73-500. Merit rating for workers' compensation insurance; credit; testing.
Section 38-73-505. Reductions in premiums.
Section 38-73-510. Nonpartisan rating bureau for workers' compensation.
Section 38-73-515. Deductibles.
Section 38-73-520. Rate filings required.
Section 38-73-525. Filing of multiplier for expenses by insurers writing workers' compensation.
Section 38-73-526. Report as to availability and affordability of workers' compensation coverage.
Section 38-73-530. Competitive rate on specific risk.
Section 38-73-540. Assigned risk.
Section 38-73-545. Applicability to self-insurers.
Section 38-73-710. State Rating and Statistical Division established; executive director.
Section 38-73-737. Rate reductions for youthful operator completing approved driver training course.
Section 38-73-740. Certain information must be retained; inspection by applicant.
Section 38-73-905. Prior approval not required for certain rate changes.
Section 38-73-920. No insurance may be issued except on rates filed.
Section 38-73-930. Guidelines and formats for filing.
Section 38-73-935. Rate filings; information based upon; exceptions.
Section 38-73-940. Information in support of filing.
Section 38-73-950. Additional information may be required.
Section 38-73-960. Effective date of filing.
Section 38-73-965. Filing; effective date.
Section 38-73-970. Effective date for specially rated inland marine rates.
Section 38-73-980. Effective date for certain surety or guaranty bonds.
Section 38-73-990. Disapproval of filings generally.
Section 38-73-1000. Disapproval of specially rated specific inland marine rates.
Section 38-73-1010. Disapproval of special surety or guaranty filings.
Section 38-73-1020. Disapproval after applicable review period.
Section 38-73-1030. Review of filings on application of person aggrieved.
Section 38-73-1040. No disapproval of certain fire, allied lines, or inland marine filings.
Section 38-73-1050. No disapproval of certain casualty or automobile filings.
Section 38-73-1060. Use of rates and policy forms different from those filed; exceptions.
Section 38-73-1070. Suspension or modification of filing requirement.
Section 38-73-1080. Information to be furnished insureds; hearings and appeals of insureds.
Section 38-73-1085. Publication of representative sample of premiums.
Section 38-73-1090. Determination of discrimination and removal.
Section 38-73-1095. Essential property insurance; rating plan factors.
Section 38-73-1097. Applicability of certain provisions.
Section 38-73-1100. Determination of excessive or unreasonable rates; general reduction; refund.
Section 38-73-1105. Insurer's use of definition of "underinsured motor vehicle".
Section 38-73-1110. Regulation of calculation and refunding of excess profit.
Section 38-73-1120. Provisions to ensure expenses are allocated and treated properly; penalty.
Section 38-73-1215. Applicability to self-insurers.
Section 38-73-1220. Application for license as rating organization.
Section 38-73-1230. Issuance or denial of license; duration; fee.
Section 38-73-1240. Suspension or revocation of license.
Section 38-73-1250. Changes within rating organization.
Section 38-73-1260. Subscribers to rating organizations.
Section 38-73-1270. Changes in rules and regulations; review of reasonableness.
Section 38-73-1280. Rules may not regulate certain payments.
Section 38-73-1290. Filings must be adhered to.
Section 38-73-1300. Application for modification by fire or inland marine insurer.
Section 38-73-1310. Application for modification by casualty or automobile insurer.
Section 38-73-1330. Examination of policies and other papers; correction of errors.
Section 38-73-1340. Appeal by minority.
Section 38-73-1350. Cooperation.
Section 38-73-1360. Actuarial, technical, and other services.
Section 38-73-1410. Refiling of final rates or premium charges previously approved not required.
Section 38-73-1510. "Advisory organization" defined.
Section 38-73-1520. Filing certain data and agreement authorizing examination.
Section 38-73-1530. Requiring discontinuance of certain acts or practices.
Section 38-73-1710. Regulation of joint underwriting and joint reinsurance.
Section 38-73-1720. Discontinuance of unfair activity or practice may be ordered.