(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) An unsatisfied net liability of an 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: 1989 Act No. 189, Part II, Section 43 sub 29; 1993 Act No. 181, Section 845.
Structure South Carolina Code of Laws
Chapter 89 - Day Care Joint Underwriting Association
Section 38-89-10. Definitions.
Section 38-89-20. Joint underwriting association created; purpose; when activated.
Section 38-89-30. General powers.
Section 38-89-40. Plan of operation.
Section 38-89-50. Application for coverage; issuance of policy.
Section 38-89-60. Duty of director to gather statistical data.
Section 38-89-80. Filing of policy forms, classifications, rates, rating plans, and rating rules.
Section 38-89-90. Policy forms; rate structure.
Section 38-89-100. Rate increase subject to director's approval.
Section 38-89-110. Deficit to be recouped.
Section 38-89-120. Basis for rates; insufficient funds for operation.
Section 38-89-130. Participation of association members.
Section 38-89-140. Plan of operation and rules binding on association members.
Section 38-89-150. Effect of termination of association member's authority; merger; insolvency.
Section 38-89-160. Board of directors.
Section 38-89-170. Appeal to commission.
Section 38-89-180. Statement to be filed by association.
Section 38-89-190. Examination of financial condition; annual report.