§ 38-3-110 — Duties of Director of the Department of Insurance.

South Carolina § 38-3-110

• Jurisdiction: South Carolina
• Title 38: INSURANCE
• Ch. 3: THE DEPARTMENT OF INSURANCE

Text

The director or his designee has the following duties: (1) supervise and regulate the rates and service of every insurer in this State and fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be observed and followed by every insurer doing business in this State. Nothing contained in this title authorizes or requires a review by the department or the director of any order of the director's designee or the deputy director under the Administrative Procedures Act. This item does not grant any additional authority to the director or his designee with regard to insurance rates other than the ratemaking authority specifically granted to the director or his designee, or the Department of Insurance for certain kinds of insurance in other provisions of this title; (2) see that all laws of this State governing insurers or relating to the business of insurance are faithfully executed and make regulations to carry out this title and all other insurance laws of this State, the enforcement or administration of which is not otherwise specifically provided for; (3) report to the Attorney General or other appropriate law enforcement officials criminal violations of the laws relative to the business of insurance or the provisions of this title which he considers necessary to report; (4) institute civil actions, either through his office or through the Attorney General, relative to the business of insurance or the provisions of this title which he considers necessary to institute. (5)(a) The director may hold a public hearing at a location within the seacoast area, as defined in Section 38-75-310(7), to provide the public with information and an opportunity to discuss and offer input concerning the rates, territory, and other pertinent issues regarding the South Carolina Wind and Hail Underwriting Association. The director must provide publicized notice of the hearing at least thirty days before the date of the public hearing. (b) The director must engage in efforts to provide market assistance and promote consumer education to South Carolina residential property insurance consumers. These efforts may include, but are not limited to: (i) posting on its website information to assist consumers in understanding the general provisions of homeowners insurance policies; (ii) providing information on the mitigation discounts and credits available pursuant to Section 38-73-1095(C), including a summary of those offered by the twenty largest homeowners property insurance issuers by premium volume; (iii) providing information regarding the factors that can affect premium rates; (iv) providing information to assist consumers in identifying insurers writing property insurance coverage in their area; (v) providing a listing of licensed property and casualty producers in their area; and (vi) providing information on catastrophe savings accounts available pursuant to Article 11, Chapter 6, Title 12. (c) The director must submit a report to the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Banking and Insurance Committee, and the Chairman of the House Labor, Commerce and Industry Committee by January thirty-first of each year regarding the status of the coastal property insurance market. The report shall be posted in an electronic format on the department's website within five days of its submission. The report shall include, but not be limited to, the following: (i) status of the South Carolina Wind and Hail Underwriting Association, including any recommended modifications to statutory or regulatory law regarding the operation of the South Carolina Wind and Hail Underwriting Association and its territory; (ii) status of operations and grants issued under the South Carolina Hurricane Damage Mitigation Program as provided for in Section 38-75-485; (iii) availability and affordability of coverage in the coastal area as defined in Section 38-75-310(5), including any portion of the area as it may be expanded pursuant to Section 38-75-460; (iv) consumer outreach and education efforts relating to coastal property insurance issues, including, but not limited to: (a) summary of the annual meeting as required pursuant to item (5)(a); and (b) specific projects and efforts undertaken pursuant to item (5)(b).

Legislative History

HISTORY: Former 1976 Code SECTION 38-3-110 [1947 (45) 322; 1960 (51) 1646; 1962 Code SECTION 37-61] recodified as SECTION 38-3-130 by 1987 Act No. 155, SECTION 1; Former 1976 Code SECTION 38-3-85 [En, 1980 Act No. 488, SECTION 7] recodified as SECTION 38-3-110 by 1987 Act No. 155, SECTION 1; 1988 Act No. 335, SECTION 2; 1993 Act No. 181, SECTION 532; 2000 Act No. 312, SECTION 1; 2007 Act No. 78, SECTION 7, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006; 2014 Act No. 191 (S.569), SECTION 1.A, eff August 1, 2014; 2019 Act No. 1 (S.2), SECTION 52, eff January 31, 2019; 2019 Act No. 6 (S.360), SECTION 3, eff July 1, 2019; 2023 Act No. 29 (S.500), SECTION 2, eff May 16, 2023. Editor's Note 2014 Act No. 191, SECTION 1.B, provides as follows: "B. The provisions of this section take effect sixty days after the effective date of this act [June 2, 2014]." Effect of Amendment 2014 Act No. 191, SECTION 1.A, rewrote subsection (5). 2019 Act No. 1, SECTION 52, in (5)(c), in the first sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate". 2019 Act No. 6, SECTION 3, in (5)(a), in the first sentence, substituted "may hold a public hearing at a location" for "must hold a public hearing at least annually at a location". 2023 Act No. 29, SECTION 2, in (5)(b)(iii), substituted "information regarding the factors that can affect premium rates" for "premium comparison information".