South Carolina Code of Laws
Chapter 9 - Capital, Surplus, Reserves, And Other Financial Matters
Section 38-9-160. Enforcement of trust created by deposit.

An insurer which has made a deposit in this State, pursuant to this title, its trustees or resident managers in the United States, the director or his designee, or any creditor of the insurer may, at any time, bring an action in the Circuit Court for the County of Richland against the State and other parties properly joined to enforce, administer, or terminate the trust created by the deposit. The process in the action must be served on the officer of the State having the deposit, who must appear and answer in behalf of the State and perform any orders and judgments the court may make in the action.
HISTORY: Former 1976 Code Section 38-9-160 [1947 (45) 322; 1952 Code Section 37-151; 1962 Code Section 37-151] recodified as Section 38-55-100 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-760 [1947 (45) 322; 1952 Code Section 37-187; 1962 Code Section 37-187] recodified as Section 38-9-160 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 535.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 9 - Capital, Surplus, Reserves, And Other Financial Matters

Section 38-9-10. Capital and surplus required of stock insurers; delinquency.

Section 38-9-20. Surplus required of mutual insurers; delinquency.

Section 38-9-30. Capital and surplus requirements of insurers licensed as of July 1, 1988; delinquency.

Section 38-9-40. Director to notify insurers of amounts required; annual schedule.

Section 38-9-50. Restrictions on kinds of insurance that insurers may write.

Section 38-9-60. No limitation on certain license provisions.

Section 38-9-70. Insurers may make deposits to do business in other states.

Section 38-9-80. Certificates of deposits or securities required; amounts; factors considered in setting amounts; limits.

Section 38-9-90. Securities or bonds must be held as security for claims.

Section 38-9-100. Deposit of securities not necessary when made with other states.

Section 38-9-110. Voluntary deposits for compliance with laws of other states.

Section 38-9-120. Exchange of deposited securities.

Section 38-9-130. Interest on deposited securities.

Section 38-9-140. Principal of deposited securities.

Section 38-9-150. Return of deposited securities.

Section 38-9-160. Enforcement of trust created by deposit.

Section 38-9-170. Unearned premium reserve.

Section 38-9-180. Standard Valuation Law.

Section 38-9-190. Loss and claim reserves.

Section 38-9-200. Reinsurance credits; liability reductions.

Section 38-9-210. Reduction from liability for reinsurance; security.

Section 38-9-220. "Qualified United States financial institution" defined.

Section 38-9-225. Submission of Statements of Actuarial opinion; Actuarial Opinion Summaries and supporting papers.; liability of Appointed Actuary.

Section 38-9-230. Confidentiality.

Section 38-9-310. Definitions.

Section 38-9-320. Preparation and submission of RBC (risk based capital) Report; form and content.

Section 38-9-330. Company Action Level Event defined; preparation and submission of RBC (risk based capital) Plan by insurer.

Section 38-9-340. Regulatory Action Level Event defined; duties of director; corrective action.

Section 38-9-350. Authorized Control Level Event defined; discretion, rights, powers and duties of director.

Section 38-9-360. Mandatory Control Level Event defined; discretion, rights, powers and duties of director.

Section 38-9-365. Discretion of director to retain actuaries, investment experts, and other consultants; fees, costs, and expense.

Section 38-9-370. Confidential hearing; notification; time of hearing.

Section 38-9-380. Confidentiality of reports, plans, and orders.

Section 38-9-390. Prohibited use of information; publication of materially false or inappropriate statement.

Section 38-9-400. Limitations on use of RBC (risk based capital) Instructions, Reports, and Plans.

Section 38-9-410. Other powers or duties of director or designee.

Section 38-9-420. Regulatory power of director.

Section 38-9-430. Exemptions from application of article.

Section 38-9-440. Applicability of RBC (risk based capital) requirements to foreign insurers.

Section 38-9-450. Limitation of liability.

Section 38-9-460. Notification by director which may result in regulatory action.