South Carolina Code of Laws
Chapter 75 - Property, Casualty, And Title Insurance Generally
Section 38-75-410. Appeals; hearings upon appeal.

(A) A person insured pursuant to this article or his representative or a member company who is aggrieved by an act, ruling, or decision of the association:
(1) regarding rates, classification of risks, assessments, voluntary credits, cancellation or termination of policies, or underwriting shall appeal to the director or his designee within sixty days after the act, ruling, or decision;
(2) other than those specified in item (1), may appeal to the director or his designee within thirty days after the act, ruling, or decision.
(B) A hearing held by the director or his designee pursuant to this section must be in accordance with the procedures set forth in Chapter 3, Title 38 and Article 3, Chapter 23, Title 1, "Administrative Procedures".
HISTORY: Former 1976 Code Section 38-39-110 [1962 Code Section 37-780; 1971 (57) 744] recodified as Section 38-75-410 by 1987 Act No. 155, Section 1; 1992 Act No. 342, Section 3; 1993 Act No. 181, Section 793; 2007 Act No. 78, Section 10, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 75 - Property, Casualty, And Title Insurance Generally

Section 38-75-10. Fire insurance policy shall indicate allocation of premium and location of property.

Section 38-75-20. Maximum amounts of fire insurance policies; stated values; contributions by coinsurers.

Section 38-75-30. Maximum amounts of fire insurance policies; exceptions for manufacturing property and replacement riders.

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 38-75-210. Policies may not exceed three years; refund of unearned premiums on cancellation of policies.

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 38-75-375. Contested assessment or interest levy by association; payment under protest; appeal; exposure to disciplinary procedures.

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 38-75-400. Rates.

Section 38-75-410. Appeals; hearings upon appeal.

Section 38-75-420. Reports of inspection by Association.

Section 38-75-430. Association shall file statement of transactions and the like; additional information.

Section 38-75-440. Examination into affairs of Association.

Section 38-75-450. Regulations.

Section 38-75-460. Expansion of area in which essential property insurance provided; factors; multiple tiers.

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 38-75-490. Development of rating system to evaluate relative ability of coastal property to withstand wind load from hurricane.

Section 38-75-710. Scope of article.

Section 38-75-720. Definitions.

Section 38-75-730. Restrictions on cancellation of policies and renewals; notice of cancellation; exceptions.

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 38-75-780. Exemption from liability for action taken in performance of powers and duties of this article; exceptions.

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 38-75-990. Title insurers to make schedules of current premiums and charges available to public.

Section 38-75-1000. Restrictions on amount of commission.

Section 38-75-1010. Title insurers; issuance of closing or settlement insurance; indemnity; premiums.

Section 38-75-1110. Purpose.

Section 38-75-1120. Report on coastal insurance issues.

Section 38-75-1130. Scope of article.

Section 38-75-1140. Evaluation of natural hazard catastrophe models; requirements for modeling organizations.

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 38-75-1170. Access to recorded personal information; disclosure requirements and limitations.

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 38-75-1210. Prohibited grounds for refusal to issue policy or determination of premiums; penalties.

Section 38-75-1220. Prohibited grounds for refusal to renew policy; immunity from liability; review by director of cancellation or refusal; penalties.

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.