South Carolina § 38-101-120 Written notice of cancellation or nonrenewal; requirements.

South Carolina Statutes

§ 38-101-120 — Written notice of cancellation or nonrenewal; requirements.

South Carolina § 38-101-120

Title 38INSURANCE

Ch. 101SOUTH CAROLINA PRIVATE FLOOD INSURANCE ACT

This text of South Carolina § 38-101-120 (Written notice of cancellation or nonrenewal; requirements.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 38-101-120 (2026).

Text

(A)The insurer must give written notice ten days before cancellation due to nonpayment of premium or forty-five days before cancellation for a reason other than nonpayment of premium or nonrenewal of private flood insurance coverage to:

(1)the insured; and (2) the federally supervised institution that made the designated loan secured by the property covered by the private flood insurance, or the servicer acting on its behalf, if any.

(B)The notice must:

(1)be filed with the director, or his designee, subject to the "use and file" requirements as set forth in Section 38-101-60;

(2)state the date no less than ten days before cancellation due to nonpayment of premium or forty-five days for any cancellation for a reason other than nonpayment of premium or nonrenewal; and (3) inform the in

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(A) The insurer must give written notice ten days before cancellation due to nonpayment of premium or forty-five days before cancellation for a reason other than nonpayment of premium or nonrenewal of private flood insurance coverage to: (1) the insured; and (2) the federally supervised institution that made the designated loan secured by the property covered by the private flood insurance, or the servicer acting on its behalf, if any. (B) The notice must: (1) be filed with the director, or his designee, subject to the "use and file" requirements as set forth in Section 38-101-60; (2) state the date no less than ten days before cancellation due to nonpayment of premium or forty-five days for any cancellation for a reason other than nonpayment of premium or nonrenewal; and (3) inform the insured of its right to request a review by the South Carolina Department of Insurance. (C)(1) An insurer may cancel or refuse to issue or renew a private flood insurance policy, except for the reasons set forth below: (a) age; (b) sex; (c) race; (d) color; (e) creed; (f) national origin; (g) ancestry; (h) marital status; (i) income level; or (j) lawful occupation, including the military service of the person seeking the coverage. (2) Nothing in this section prohibits an insurer from limiting the issuance of private flood insurance policies covered in this chapter only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect. (3) Nothing in this section prohibits an insurer from refusing to issue private flood insurance policies due to the exposure of flood. (4) Notwithstanding the provisions of item (1), an insurer only may cancel a standard flood insurance policy in accordance with 42 U.S.C. Section 4012a(b).

Legislative History

HISTORY: 2020 Act No. 166 (S.882), SECTION 2, eff November 27, 2020; 2022 Act No. 195 (H.4832), SECTION 15, eff May 16, 2022. Editor's Note 2020 Act No. 166, SECTION 3, provides as follows: "SECTION 3. This act becomes effective sixty days following approval by the Governor. Insurers that are writing private flood insurance at the time of enactment have an additional one hundred twenty days to come into compliance with the requirements of this act." Effect of Amendment 2022 Act No. 195, SECTION 15, rewrote (A); and in (B), in (1), made nonsubstantive changes, and in (2), substituted "ten days before cancellation due to nonpayment of premium or forty-five days for any cancellation for a reason other than nonpayment of premium" for "forty-five days for any cancellation".