The General Assembly declares that there exists the potential for a legal professional liability insurance crisis for attorneys in this State because of the high cost of liability insurance and a want of competition. These conditions could result in a situation in which liability insurance would not be available to attorneys in the State.
The public interest requires that a contingency program for providing legal professional liability insurance be enacted and that the Insurance Department of South Carolina (department) activate this program upon finding that an emergency exists because insurance is not available through normal channels or is not available on a reasonable basis because of lack of competition or otherwise.
HISTORY: 1988 Act No. 360, Section 1; 1993 Act No. 181, Section 832.
Structure South Carolina Code of Laws
Chapter 81 - Legal Malpractice Insurance
Section 38-81-220. Definitions.
Section 38-81-230. Joint underwriting association created.
Section 38-81-240. Powers of association.
Section 38-81-250. Plan of operation.
Section 38-81-260. Legal professional liability insurance coverage by association.
Section 38-81-270. Gathering of data.
Section 38-81-280. Structuring rates.
Section 38-81-290. Filing of forms.
Section 38-81-300. Specification of coverage basis.
Section 38-81-310. Rate increases or assessments.
Section 38-81-320. Recoupment of deficits.
Section 38-81-330. Change in premium rates after initial year of operation.
Section 38-81-340. Participation of insurers.
Section 38-81-350. Members bound by approved plan.
Section 38-81-360. Continuation of obligations.
Section 38-81-370. Board of directors.