(A) A joint underwriting association is created, consisting of all insurers authorized to write within this State, on a direct basis, bodily injury liability insurance, other than automobile bodily injury liability insurance, homeowners liability insurance, and farmowners liability insurance, including insurers covering such peril in multiple peril package policies. Every such insurer is and must remain a member of the association as a condition of its authority to continue to transact this kind of insurance in this State.
(B) The purpose of the association is to provide day care liability insurance on a self-supporting basis to the fullest extent possible.
(C) The association is activated when the Department of Insurance finds and declares the existence of an emergency because of the unavailability of day care liability insurance or the unavailability of such insurance on a reasonable basis through normal channels.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 16; 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.