(A) If the authority of an insurer to transact bodily injury liability insurance, other than automobile, homeowners, or farmowners, in this State terminates for any reason, its obligations as a member of the association continue until all its obligations are fulfilled and the director or his designee has so found and certified to the board of directors.
(B) If a member insurer merges into or consolidates with another insurer authorized to transact insurance in this State or another insurer authorized to transact insurance in this State has reinsured the insurer's entire general liability business in this State, both the insurer and its successor or assuming reinsurer, as the case may be, are liable for the insurer's obligations to the association.
(C) Any unsatisfied net liability of any insolvent member of the association must be assumed by and apportioned among the remaining members in the same manner in which assessments or gain and loss are apportioned and the association shall acquire and have all rights and remedies allowed by law in behalf of the remaining members against the estate or funds of the insolvent insurer for funds due the association.
HISTORY: 1987 Act No. 62, Section 16; 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.