§ 38-101-60 — Required filings with director; review of filings; filing on behalf of insurers.

(A) Every admitted insurer writing personal lines or commercial lines private flood insurance pursuant to this chapter shall file with the director all forms and all changes and amendments made by it for use in this State no later than ninety days after becoming effective. This form filing is considered a "use and file" filing. (B) The director may at any time review a form, the pertinent records of the insurer, and market conditions. The director may at any time disapprove a form and shall notify the insurer. In reviewing the forms filed, the department may require the insurer to provide, at the insurer's expense, all information necessary to evaluate the filing. Upon notification, the insurer shall, within sixty days, file with the department all information which, in the belief of the insurer, establishes that the form is in compliance with this chapter and other applicable law. The insurer may appeal the final determination of the director or his designee to the South Carolina Administrative Law Court. The insurer shall carry the burden of proof by a preponderance of the evidence to show that the form complies with applicable South Carolina law. (C) All form filings are confidential until final disposition by the director. Final form filings are subject to public inspection in accordance with the provisions of the South Carolina Freedom of Information Act. (D) An advisory or rating organization may file forms on the behalf of insurers. These filings are subject to the "use and file" provisions of this section. If the director finds on a preliminary basis that a form does not comply with this chapter or other applicable law, the director shall disapprove the form and shall notify the rating or advisory organization. Upon notification, the rating or advisory organization shall, within sixty days, file with the department all information which, in the belief of the advisory or rating organization, establishes the form complies with this chapter and other applicable law. The advisory or rating organization may appeal the final determination of the director or his designee to the South Carolina Administrative Law Court. The advisory or rating organization shall carry the burden of proof by a preponderance of the evidence to show that the form complies with applicable South Carolina law.

Legislative History

HISTORY: 2020 Act No. 166 (S.882), SECTION 2, eff November 27, 2020. 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."