After the initial year of operation, rates, rating plans, and rating rules, and any provision for recoupment through policyholder assessment or premium rate increase must be based upon the association's loss and expense experience and investment income, together with any other information based upon this experience and income as the director or his designee considers appropriate. The resultant premium rates must be on an actuarially sound basis and must be calculated to be self-supporting.
If sufficient funds are not available for the sound financial operation of the association, pending recoupment as provided in Section 38-83-110, all members, on a temporary basis, shall contribute to the financial requirements of the association in the manner provided for in Section 38-83-130. Any such contribution must be reimbursed to the members following recoupment as provided in Section 38-83-110.
HISTORY: 1987 Act No. 62, Section 13; 1993 Act No. 181, Section 833.
Structure South Carolina Code of Laws
Chapter 83 - Joint Underwriting Association For Writing Of Professional Liability Insurance
Section 38-83-10. Definitions.
Section 38-83-20. Joint Underwriting Association insurers.
Section 38-83-30. Powers of association.
Section 38-83-40. Creation of Joint Underwriters Association by professional association.
Section 38-83-50. Coverage by the association.
Section 38-83-60. Costs of professional liability insurance.
Section 38-83-90. Form of policy and rate structure.
Section 38-83-100. Rate increase or assessment.
Section 38-83-110. Deficit sustained by the association.
Section 38-83-130. Participation by insurers.
Section 38-83-140. Binding nature of plan of operation and rules of the board of directors.
Section 38-83-160. Board of directors for joint underwriting association.
Section 38-83-170. Appeal from ruling.
Section 38-83-180. Filing statements of transactions and other matters.