South Carolina § 38-71-560 Effect of use of simplified application form.

South Carolina Statutes

§ 38-71-560 — Effect of use of simplified application form.

South Carolina § 38-71-560

Title 38INSURANCE

Ch. 71ACCIDENT AND HEALTH INSURANCE

This text of South Carolina § 38-71-560 (Effect of use of simplified application form.) 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. § 38-71-560 (2026).

Text

Notwithstanding the provisions of item (2) of SECTION 38-71-340 or any other provision of law, if an insurer elects to use a simplified application form, with or without a question as to the applicant's health at the time of application, but without any questions concerning the insured's health history or medical treatment history, the policy shall cover any loss occurring after twelve months from any preexisting condition not specifically excluded from coverage by terms of the policy, and, except as so provided, the policy or contract may not include wording that would permit a defense based upon preexisting conditions.

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Notwithstanding the provisions of item (2) of SECTION 38-71-340 or any other provision of law, if an insurer elects to use a simplified application form, with or without a question as to the applicant's health at the time of application, but without any questions concerning the insured's health history or medical treatment history, the policy shall cover any loss occurring after twelve months from any preexisting condition not specifically excluded from coverage by terms of the policy, and, except as so provided, the policy or contract may not include wording that would permit a defense based upon preexisting conditions.

Legislative History

HISTORY: Former 1976 Code SECTION 38-35-1260 [1975 (59) 588] recodified as SECTION 38-71-560 by 1987 Act No. 155, SECTION 1. Subarticle 5 General Provisions