South Carolina § 38-29-180 Stay of proceedings involving impaired insurer; setting aside default judgment.

South Carolina Statutes

§ 38-29-180 — Stay of proceedings involving impaired insurer; setting aside default judgment.

South Carolina § 38-29-180

Title 38INSURANCE

Ch. 29SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION

This text of South Carolina § 38-29-180 (Stay of proceedings involving impaired insurer; setting aside default judgment.) 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. § 38-29-180 (2026).

Text

All proceedings in which the impaired or insolvent insurer is a party in any court in this State must be stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict, or finding based on default the association may apply to have the judgment set aside by the same court that made the judgment and must be permitted to defend against the suit on the merits.

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All proceedings in which the impaired or insolvent insurer is a party in any court in this State must be stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict, or finding based on default the association may apply to have the judgment set aside by the same court that made the judgment and must be permitted to defend against the suit on the merits.

Legislative History

HISTORY: Former 1976 Code SECTION 38-29-180 [1962 Code SECTION 37-1416; 1971 (57) 351] recodified as SECTION 38-21-190 by 1987 Act No. 155, SECTION 1; Former 1976 Code SECTION 38-17-180 [1962 Code SECTION 37-579; 1972 (57) 2776] recodified as SECTION 38-29-180 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 631; 2020 Act No. 121 (S.580), SECTION 1.A, eff March 24, 2020. Editor's Note 2020 Act No. 121, SECTION 1.B, provides as follows: "[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020." Effect of Amendment 2020 Act No. 121, SECTION 1.A, in the first sentence, inserted "or insolvent" following "impaired" and substituted "one hundred eighty days" for "sixty days".