§ 38-75-1160 — Notice requirement prior to cancellation or refusal to renew; exceptions.

South Carolina § 38-75-1160

• Jurisdiction: South Carolina
• Title 38: INSURANCE
• Ch. 75: PROPERTY, CASUALTY, AND TITLE INSURANCE GENERALLY

Text

(A)(1) Except for a cancellation pursuant to Section 38-75-730, a cancellation or refusal to renew by an insurer of a policy of insurance covered in this article is not effective unless the insurer delivers or mails to the named insured at the address shown in the policy a written notice of the cancellation or refusal to renew. This notice must: (a) be approved as to form by the director or his designee before use; (b) state the date not less than sixty days for any cancellation or refusal to renew after the date of the mailing or delivering on which the cancellation or refusal to renew becomes effective; (c) state the specific reason of the insurer for cancellation or refusal to renew and provide for the notification required by Section 38-75-1180(B); (d) inform the insured of his right to request in writing within thirty days of the receipt of notice that the director review the action of the insurer. The notice of cancellation or refusal to renew must contain the following statement in bold print to inform the insured of this right: "IMPORTANT NOTICE: Within thirty days of receiving this notice, you or your attorney may request in writing that the director review this action to determine whether the insurer has complied with South Carolina laws in canceling or nonrenewing your policy. If this insurer has failed to comply with the cancellation or nonrenewal laws, the director may require that your policy be reinstated. However, the director is prohibited from making underwriting judgments. If this insurer has complied with the cancellation or nonrenewal laws, the director does not have the authority to overturn this action." (e) inform the insured of the possible availability of other insurance which may be obtained through his agent, or through another insurer; and (f) state that the Department of Insurance has available a buyer's guide regarding property insurance shopping and availability, and provide applicable mailing addresses and telephone numbers, including a toll-free number, if available, for contacting the Department of Insurance. (2) Nothing in this subsection prohibits any insurer or agent from including in the notice of cancellation or refusal to renew, any additional disclosure statements required by state or federal laws, or any additional information relating to the availability of other insurance. (B) Subsection (A) does not apply if the: (1) insurer has manifested to the insured its willingness to renew by actually issuing or offering to the insured to issue a renewal policy, certificate, or other evidence of renewal, or has manifested this intention to the insured by another means; (2) named insured has demonstrated by some overt action to the insurer or its agent that he expressly intends that the policy be canceled or that it not be renewed; or (3) the notice of cancellation or refusal to renew by an insurer regarding private passenger automobile insurance or to insurance against liability arising out of ownership, maintenance, or use of: (a) an individual private passenger automobile as defined in Section 38-77-30(5.5)(a); or (b) property having wheels.

Legislative History

HISTORY: 2004 Act No. 290, SECTION 2.A, eff six months after approval by the Governor (approved July 29, 2004); 2007 Act No. 78, SECTION 15, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006; 2021 Act No. 13 (H.3585), SECTION 8, eff April 12, 2021. Effect of Amendment 2021 Act No. 13, SECTION 8, in (A)(1)(b), deleted "that is effective between November first and May thirty-first and not less than ninety days for any cancellation or refusal to renew that is effective between June first and October thirty-first" following "refusal to renew".