South Carolina Statutes
§ 38-31-160 — Stay of proceedings involving insolvent insurers; rights of Association in these proceedings.
South Carolina·Title 38 INSURANCE·Ch. 31 SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION
All proceedings involving covered claims in which the insolvent insurer is a party or is obligated to defend a party in any court in this State must be stayed ninety days from the date insolvency is determined to permit proper defense by the association. The court may stay the proceedings for a longer period of time if the court finds the additional time is necessary to permit proper defense by the association. As to any judgment, decision, order, verdict, or finding based on the insurer's default or failure to defend the insured, the association may apply to have the judgment, decision, order, verdict, or finding set aside by the same court or administrator which made it and must be permitted to defend against the claim on its merits.
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South Carolina § 38-31-160 (Stay of proceedings involving insolvent insurers; rights of Association in these proceedings.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: Former 1976 Code SECTION 38-31-160 [1962 Code SECTION 37-310; 1953 (48) 493] recodified as SECTION 38-65-80 by 1987 Act No. 155, SECTION 1; Former 1976 Code SECTION 38-19-160 [1962 Code SECTION 37-835; 1971 (57) 1001] recodified as SECTION 38-31-160 by 1987 Act No. 155, SECTION 1; 1988 Act No. 402, SECTION 8; 1993 Act No. 181, SECTION 632.
Nearby Sections
15
§ 38-31-10
Short title.§ 38-31-100
Exhaustion of other coverage and claims.§ 38-31-140
Rates.§ 38-31-160
Stay of proceedings involving insolvent insurers; rights of Association in these proceedings.§ 38-31-170
Termination of Association by director.§ 38-31-20
Definitions.§ 38-31-30
Application of chapter.§ 38-31-40
Association created; membership as condition of authority to transact insurance; accounts.§ 38-31-50
Board of directors.§ 38-31-60
Powers and duties of Association.§ 38-31-70
Plan of operation.