§ 38-27-560 — Special claims.

South Carolina § 38-27-560

• Jurisdiction: South Carolina
• Title 38: INSURANCE
• Ch. 27: INSURERS' REHABILITATION AND LIQUIDATION ACT

Text

(a) The claim of a third party which is contingent only on his first obtaining a judgment against the insured must be considered and allowed as if there were no contingency. (b) A claim may be allowed even if contingent, if it is filed in accordance with Section 38-27-540. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation. (c) Claims that are due except for the passage of time must be treated as absolute claims are treated, except that the claims may be discounted at the legal rate of interest. (d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under Section 38-27-320 or 38-27-370.

Legislative History

HISTORY: Former 1976 Code SECTION 38-5-2260 [1982 Act No. 384, SECTION 37] recodified as SECTION 38-27-560 by 1987 Act No. 155, SECTION 1.