(A)(1) An insurer or agent may not refuse to issue an insurance policy as defined in this article because of any one or more of the following factors:
(a) age;
(b) sex;
(c) race;
(d) color;
(e) creed;
(f) national origin;
(g) ancestry;
(h) marital status; or
(i) income level.
(2) An insurer or agent may not refuse to issue an insurance policy defined in this article only because of any one of the following factors:
(a) the previous refusal of property insurance by another insurer; or
(b) lawful occupation, including the military service, of the person seeking the coverage.
(3) Nothing in this section prohibits an insurer from limiting the issuance of insurance policies covered in this article only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect.
(4) Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data.
(5) Nothing in this section prohibits an insurer from refusing to issue policies of insurance due to the catastrophe exposure of wind.
(B)(1) In determining the premium rates to be charged for an insurance policy covered in this article, it is unlawful to consider:
(a) race;
(b) color;
(c) creed;
(d) religion;
(e) sex;
(f) national origin;
(g) ancestry;
(h) economic status; or
(i) income level.
(2) An insurer, agent, or a broker may not refuse to write an insurance policy covered in this article based upon:
(a) age;
(b) sex;
(c) race;
(d) color;
(e) creed;
(f) religion;
(g) national origin;
(h) ancestry;
(i) economic status; or
(j) income level.
(3) However, nothing in this subsection may preclude the use of a territorial plan approved by the director.
(C) An insurer or agent who violates this section is subject to the penalties as provided in Section 38-2-10. If the Director of the Department of Insurance or his designee finds that an insurer or agent is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. However, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department. The director or his designee at any time may examine an insurer, agent, or a broker to enforce this section. The expense of examination must be paid by the insurer, agent, or broker.
HISTORY: 2004 Act No. 290, Section 2.A, eff six months after approval by the Governor (approved July 29, 2004).
Structure South Carolina Code of Laws
Chapter 75 - Property, Casualty, And Title Insurance Generally
Section 38-75-40. Validity of additional or coinsurance clause.
Section 38-75-50. Clause limiting or invalidating policies if property is encumbered is void.
Section 38-75-60. Cause of action by insurer against tenant.
Section 38-75-220. Restrictions on amount of insurance that may be written.
Section 38-75-230. Information required on contracts for purchase of mobile homes.
Section 38-75-310. Definitions.
Section 38-75-320. Declaration of purpose.
Section 38-75-330. South Carolina Wind and Hail Underwriting Association created; members.
Section 38-75-340. Plan of operation.
Section 38-75-350. Application for coverage; issuance of policy.
Section 38-75-360. Powers of Association.
Section 38-75-370. Duties of members of Association; limitation on liability.
Section 38-75-380. Liability for inspections and statements concerning risk.
Section 38-75-385. Liability for acts or omissions under this article.
Section 38-75-386. Essential property insurance; liability for acts and omissions.
Section 38-75-390. Cession of essential property insurance to Association.
Section 38-75-410. Appeals; hearings upon appeal.
Section 38-75-420. Reports of inspection by Association.
Section 38-75-440. Examination into affairs of Association.
Section 38-75-450. Regulations.
Section 38-75-470. Appointment of advisory committee; duties; membership.
Section 38-75-480. Loss mitigation grant program; establishment; purpose.
Section 38-75-485. South Carolina Hurricane Damage Mitigation Program; grant eligibility and use.
Section 38-75-710. Scope of article.
Section 38-75-720. Definitions.
Section 38-75-740. Restrictions on nonrenewal of policies.
Section 38-75-750. Requirements for renewal of policies.
Section 38-75-755. Notification to applicants or renewing policyholders.
Section 38-75-760. Unlawful practices involving cancellation, nonrenewal, or renewal of policies.
Section 38-75-770. Notice requirements for eligible surplus lines insurers.
Section 38-75-775. Coverage of licensed health care providers.
Section 38-75-790. Nonrenewal of homeowners insurance.
Section 38-75-905. Definitions.
Section 38-75-910. Limitation of risk on title insurance.
Section 38-75-920. Title insurers to maintain reinsurance reserve.
Section 38-75-930. Insolvency of domestic title insurer.
Section 38-75-940. Loss and loss expense reserves.
Section 38-75-950. Obtaining reinsurance.
Section 38-75-960. Financial interest in title insurer or agent.
Section 38-75-970. Premium rates.
Section 38-75-980. Filing of premium rate schedules.
Section 38-75-1000. Restrictions on amount of commission.
Section 38-75-1120. Report on coastal insurance issues.
Section 38-75-1130. Scope of article.
Section 38-75-1150. Separate premium for fire and allied lines coverage.
Section 38-75-1160. Notice requirement prior to cancellation or refusal to renew; exceptions.
Section 38-75-1180. Notice of reasons for cancellation or nonrenewal.
Section 38-75-1190. Immunity from liability absent malice or gross negligence.
Section 38-75-1200. Notice regarding cancellation in application for original issuance of policy.
Section 38-75-1230. Wind and hail exclusions on fire, allied lines, or homeowner's policy.
Section 38-75-1240. Provision to director of underwriting restrictions.