South Carolina § 38-101-20 Definitions.

South Carolina Statutes

§ 38-101-20 — Definitions.

South Carolina § 38-101-20

Title 38INSURANCE

Ch. 101SOUTH CAROLINA PRIVATE FLOOD INSURANCE ACT

This text of South Carolina § 38-101-20 (Definitions.) 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. § 38-101-20 (2026).

Text

For the purposes of this section:

(1)"Flood" means:

(a)a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from:

(i)overflow of inland or tidal waters;

(ii)unusual and rapid accumulation or runoff of surface waters from any source; or (iii) mudflow; or (b) collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined in this section.

(2)"Mudflow" means a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water.

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For the purposes of this section: (1) "Flood" means: (a) a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from: (i) overflow of inland or tidal waters; (ii) unusual and rapid accumulation or runoff of surface waters from any source; or (iii) mudflow; or (b) collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined in this section. (2) "Mudflow" means a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water. Other earth movements, such as landslide, slope failure, or a saturated soil mass moving by liquidity down a slope, are not mudflows. (3) "Private flood insurance" means personal lines or commercial lines flood insurance policies or endorsements providing coverage for the named peril of flood issued directly by insurers.

Legislative History

HISTORY: 2020 Act No. 166 (S.882), SECTION 2, eff November 27, 2020; 2022 Act No. 195 (H.4832), SECTION 11, 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 11, in (3), substituted "commercial lines" for "commercial" and "named peril" for "peril".