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S.C. Code Ann. § 38-31-40

Association created; membership as condition of authority to transact insurance; accounts

Applied in 3 court decisions — leading case Builders Transport, Inc. v. South Carolina Property & Casualty Insurance Guaranty (1992)

Most recently applied in Buchanan v. S.C. Prop. & Cas. Ins. Guaranty Ass'n (September 2018)

Former 1976 Code SECTION 38-31-40 [1953 (48) 493; 1956 (49) 2146; 1962 Code SECTION 37-302; 1976 Act No. 732 SECTION 2; 1981 Act No. 45] recodified as SECTION 38-65-40 by 1987 A…

There is created a nonprofit unincorporated legal entity to be known as the South Carolina Property and Casualty Insurance Guaranty Association. All insurers defined as member insurers in Section 38-31-20(8) are members of the association as a condition of their authority to transact insurance in this State. The association shall perform its functions under a plan of operation established and approved under Section 38-31-70 and shall exercise its powers through a board of directors established under Section 38-31-50. For purposes of administration and assessment, the association is divided into four separate accounts:

(a) the workers' compensation insurance account;

(b) the automobile insurance account;

(c) the homeowners multiple peril and farmowners multiple peril insurance account;

(d) the account for all other insurance to which this chapter applies.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.