If, after due notice and hearing, the director or his designee determines that the insurer has engaged in any of the improper claim practices defined in Section 38-59-20, he shall order the insurer to cease and desist from the practice and may impose a penalty as provided in Section 38-2-10. If the penalty is imposed, the penalty may not be considered a cost of the insurer for purposes of determining whether or not the rates of the insurer warrant adjustment.
S.C. Code Ann. § 38-59-30
Notice and hearing by director or designee; penalties
Applied in 1 court decision — leading case Masterclean, Inc. v. Star Insurance (2001)
Most recently applied in Masterclean, Inc. v. Star Insurance (November 2001)
Former 1976 Code SECTION 38-37-1120 [1962 Code SECTION 37-591.57; 1974 (58) 2718] recodified as SECTION 38-59-30 by 1987 Act No. 155, SECTION 1; 1988 Act No. 374, SECTION 30; 19…
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.