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S.C. Code Ann. § 38-75-740

Restrictions on nonrenewal of policies

Applied in 5 court decisions — leading case Elias v. FIREMEN'S INS. CO. OF NEWARK, NJ. (1992)

Most recently applied in Bank of New York Mellon Trust Co. v. Grier (March 2016)

Former 1976 Code SECTION 38-9-840 [1986 Act No. 338] recodified as SECTION 38-75-740 by 1987 Act No. 155, SECTION 1; 2007 Act No. 78, SECTION 14, eff June 11, 2007, applicable t…

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) No insurance policy may be nonrenewed by an insurer except in accordance with the provisions of this section or Section 38-75-730, and any nonrenewal attempted which is not in compliance with this section or Section 38-75-730 is ineffective.

(b) A policy written for a term of one year or less may be nonrenewed by the insurer at its expiration date by giving or mailing written notice of nonrenewal to the insured and the agent of record, if any, not less than sixty days prior to the expiration date of the policy.

(c) Subject to subsection (c) of Section 38-75-760, a policy written for a term of more than one year or for an indefinite term may be nonrenewed by the insurer at its anniversary date by giving or mailing written notice of nonrenewal to the insured and the agent of record, if any, not less than sixty days prior to the anniversary date of the policy.

(d) The notice required by this section must be given or mailed to the insured and the agent at their addresses shown in the policy or, if not reflected therein, at their last known addresses. Proof of mailing is sufficient proof of notice.

(e) Any notice of nonrenewal shall state the precise reason for nonrenewal.

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