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S.C. Code Ann. § 38-75-330

South Carolina Wind and Hail Underwriting Association created; members

Applied in 2 court decisions — leading case Southern Mutual Church Insurance v. South Carolina Windstorm & Hail Underwriting Ass'n (1991)

Most recently applied in So. Mut. Church Ins. Co. v. Scw & H Underwriting Assoc. (December 1991)

Former 1976 Code SECTION 38-39-30 [1962 Code SECTION 37-773; 1971 (57) 744] recodified as SECTION 38-75-330 by 1987 Act No. 155, SECTION 1; 1990 Act No. 469, SECTION 3; 1993 Act…

(A) There is created the South Carolina Wind and Hail Underwriting Association, an unincorporated association whose responsibilities, liability, and regulations are governed and defined by this article. The association shall function as a residual market mechanism to provide wind and hail insurance for residential and commercial property to applicants who are unable to procure this insurance in the coastal area.

(B) The association consists of all private insurers authorized to write and engage in writing property insurance within this State on a direct and statewide basis, but excluding insurers whose writings are limited to property wholly owned by parent, subsidiary, or allied organizations, or insurers whose writings are limited to property wholly owned by religious organizations. However, as a condition of exemption from membership these insurers providing property insurance for insurable property in the coastal area as defined by this article also shall provide essential property insurance for these risks. Each insurer must be a member of the association and shall remain a member of the association so long as the association is in existence as a condition of its authority to continue to transact the business of insurance in this State.

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