Title 38, Insurance

(A) An individual, who holds a public adjuster license and who is not exempt under subsection (B), must satisfactorily complete a minimum of twenty-four hours of continuing education courses, including three hours of ethics, reported on a biennial basis in conjunction with the li…

(A) A public adjuster may charge the insured a reasonable fee as determined by this section. (B) A public adjuster may not pay any commission, service fee, or other valuable consideration to another person for investigating or settling claims in this State if that person is requi…

(A) Public adjusters must ensure that all contracts for their services are in writing and contain the following terms: (1) legible full name of the public adjuster signing the contract, as specified in Department of Insurance records; (2) permanent home state business address and…

A person or entity commits a fraudulent insurance act if he: (A) represents or advertises themselves to be a public adjuster who had not met the requirements of licensure in this chapter; or (B) conducts business for which a license is required under this chapter without a licens…

A public adjuster who receives, accepts, or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, must deposit the funds in a noninterest-bearing escrow or trust account in a financial institution that is insured by an agency of the federa…

(A) A public adjuster must maintain a complete record of each transaction as a public adjuster in this State. The records required by this section must include the following: (1) name of the insured; (2) date, location, and amount of the loss; (3) copy of the signed contract betw…

(A) A licensed public adjuster is subject to Chapter 57 of this title. (B) A public adjuster is obligated, under his license, to serve with objectivity and complete loyalty the interest of his client alone; and to render to the insured such information, counsel, and service, as w…

(A) The public adjuster must report to the director any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this State within thirty days of the final disposition of the matter. This report must include a copy of an…

The director may promulgate regulations as are necessary or proper to carry out the purposes of this chapter.

(A) A person may not act or hold himself out as a public adjuster, solicit, or negotiate a contract for public adjusting services in this State unless the person is licensed as a public adjuster in accordance with this chapter. (B) The license must contain the licensee's name, ci…

When an individual applies for a public adjuster license, he must supply the department his legal name, email address, business mailing address, and residential mailing address. The public adjuster must notify the department within thirty days of any change in the information req…

(A) A person applying for a public adjuster license shall make application to the director on the appropriate application form. (B) The applicant must declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, …

(A) An individual applying for a public adjuster license under this chapter must pass a written examination unless exempt pursuant to Section 38-92-60. The examination must test the knowledge of the individual concerning the duties and responsibilities of a public adjuster and th…

(A) An individual licensed as a resident public adjuster in another state who moves to this State must make application within ninety days of establishing legal residence to become a resident public adjuster pursuant to Section 38-92-40. No examination may be required of that per…

(A) Unless denied licensure pursuant to Section 38-92-90, a nonresident person must receive a nonresident public adjuster license if: (1) the person is currently licensed as a resident public adjuster and in good standing in his home state; (2) the person has submitted the proper…

(A) Unless denied licensure under this act, persons who have met the requirements of this act must be issued a public adjuster license. (B) A public adjuster license continues on a biennial basis unless revoked, terminated, surrendered, suspended, or denied renewal or reinstateme…

(A) The director may place on probation, suspend, revoke, or refuse to issue, or renew a public adjuster's license or may levy a fine or penalty in accordance with Chapter 2, Title 38 or any combination of actions, for any one or more of the following causes: (1) providing incorr…

As used in this chapter: (1) "Family member" means, with respect to an individual: (a) a dependent of the individual; and (b) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of the individual or his dependent. (2)(a) "Genetic inf…

This chapter applies to health insurance coverage offered in connection with an individual health plan, a group health plan, or a health benefit plan that is delivered, issued for delivery, or renewed in this State. Producers, agencies, and insurance support organizations are sub…

(A) A health insurance issuer when issuing, renewing, or reissuing a policy or contract of health insurance coverage, on the basis of any genetic information obtained concerning an individual or a family member of the individual or on the individual's request for genetic services…

(A) All genetic information obtained before or after the effective date of this chapter must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the written informed consent of that ind…

It is unlawful to perform a genetic test on an individual without first obtaining specific informed consent to the test from the individual, or a person legally authorized to consent on behalf of the individual, unless the test is performed: (1) by or for a law enforcement agency…

(A) A health insurance issuer may not request or require an individual or a family member of an individual to undergo a genetic test. However, nothing in this subsection may be construed so as to limit the authority of a health care professional who is providing health care servi…

(A)(1) A health insurance issuer may not request, require, or purchase genetic information for underwriting purposes. (2) An issuer may not request, require, or purchase genetic information with respect to an individual before the individual's enrollment under the policy or contr…

Nothing in this chapter may be construed so as to preclude a health insurance issuer from: (1) establishing rules for eligibility for an individual to purchase or enroll for individual coverage based on the manifestation of a disease or disorder in that individual or in a family …

(A) A violation of this chapter, including a single instance of a prohibited practice, is an unfair trade practice pursuant to Chapter 57, Title 38 and is subject to the penalties as provided for in Chapter 57 and in Section 38-2-10. The director or his designee at any time may e…

This chapter may be cited as the "Portable Electronics Insurance Act".

For the purposes of this section: (1) "Customer" means a person who purchases portable electronics or related services. (2) "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (3) "Loca…

(A) A vendor must hold a portable electronics insurance license to sell or offer coverage under a policy of portable electronics insurance. (B) A portable electronics insurance license issued under this section authorizes any employee or authorized representative of the vendor to…

(A) A vendor of portable electronics insurance must make certain brochures or other written materials available to its customers in a location where the vendor sells this insurance. The brochures or written materials must: (1) disclose that portable electronics insurance may prov…

(A) The employees and authorized representatives of a vendor may sell or offer portable electronics insurance to customers and may not be subject to licensure as an insurance producer under this title if: (1) the vendor obtains a portable electronics insurance license to authoriz…

(A) A vendor of portable electronics, its employee, or its authorized representative who violates a provision of this chapter may after proper notice and an opportunity for a hearing be subject by the department to: (1) administrative penalties as provided in Section 38-2-10. How…

(A) Notwithstanding another provision of law, an insurer may terminate coverage or otherwise change the terms and conditions of a policy of portable electronics insurance only as provided in the policy between the insurer and the policyholder and enrolled customers and only upon …

(A) A sworn application for a license under this chapter must be made to and filed with the department on forms prescribed by the department. (B) An application required under subsection (A) must provide the: (1) location of the home office of the applicant; and (2) name, residen…

The director of the department: (1) may, by order, require policy forms, rates, and rules concerning portable electronics insurance be filed with, and approved by, the director or his designee before use if considered necessary for the protection of the public, notwithstanding an…

As used in this chapter: (1) "Authorized individual" means an individual known to and screened by the licensee and determined to be necessary and appropriate to have access to nonpublic information held by the licensee and its information systems. (2) "Consumer" means an individu…

Nothing in this chapter creates any duty or liability for a provider of communication services for the transmission of voice, data, or other information over its network.

(A) Commensurate with the size and complexity of the licensee, the nature and scope of the licensee's activities, including its use of third-party service providers, and the sensitivity of the nonpublic information used by the licensee or in the licensee's possession, custody, or…

(A) If a licensee learns that a cybersecurity event has occurred or may have occurred, the licensee, an outside vendor, or service provider designated to act on behalf of the licensee must conduct a prompt investigation of the event. (B) During the investigation, the licensee, ou…

(A) A licensee shall notify the director no later than seventy-two hours after determining that a cybersecurity event has occurred when either of the following criteria are met: (1) South Carolina is the licensee's state of domicile in the case of an insurer, or the licensee's ho…

(A) The director has the power and authority to examine and investigate into the affairs of a licensee to determine whether the licensee is engaged in conduct in violation of this chapter. This power is in addition to the powers which the director has under this title. An investi…

(A) Documents, materials, or other information in the control or possession of the department that are furnished by a licensee or an employee or agent acting on behalf of a licensee, or obtained by the director in an investigation or examination are confidential by law and privil…

(A) The following licensees are exempt from the provisions of Section 38-99-20: (1) a licensee with fewer than ten employees, including any independent contractors; (2) an employee, agent, representative, or designee of a licensee, who is also a licensee, is exempt from the provi…

A licensee who violates a provision of this chapter is subject to penalties as provided in Section 38-2-10.

The director is authorized to promulgate regulations necessary for the administration of this chapter.

It is the intent of this chapter to foster innovative flood insurance coverages providing insurers the ability to test products in the market and consumers greater choice for flood insurance coverage.