South Carolina Code of Regulations Chapter 69 - DEPARTMENT OF INSURANCE
What is Chapter 69
Chapter 69 is the body of regulations under the South Carolina Department of Insurance. Legal Information Institute+2Casetext+2
They regulate insurers, agents, insurance contracts, disclosure, licensing, solvency, consumer protections, etc. Legal Information Institute+2Justia Law+2
The statutory authority for many of the rules is in various South Carolina insurance and consumer protection statutes. Legal Information Institute+1
Key Regulatory Themes / Select Sections
Here are some important sections and what they require:
Section | What It Covers | Major Requirements / Rules |
---|---|---|
Regulation of Credit Insurance (§ 69‑11.1) | Insurance sold in connection with consumer loans or credit transactions. Legal Information Institute+1 | Forms of policies or certificates must be filed with and approved by the Chief Insurance Commissioner before use. Insurers must comply with a “Basic Statistical Plan” for loss/premium data to maintain a loss ratio (losses incurred to premiums earned) of approximately 50 %. Legal Information Institute+1 |
Private Review Agents (§ 69‑47) | Entities which perform utilization review of health care services (e.g. determining medical necessity) for insurance benefit plans. Casetext | Must obtain a certificate to operate (unless exempt). Must follow rules about appeals, notifications, timelines, renewal, etc. Casetext |
Life and Health Reinsurance Agreements (§ 69‑48) | Contracts where insurers cede risk to others (reinsurers). Casetext | Requires filings, disclosures, demonstrating risk transfer, representations, and actuarial documentation; reserve credit and surplus issues must comply with Department rules. Casetext |
Captive Insurance Companies (§ 69‑60) | Regulations for captives (insurers established to insure affiliated entities). Casetext | They must submit annual audited financials, reconciliation between statutory and audited filings, independent CPA/auditor, disclosure of ownership, related party transactions, certification of reserves, etc. Casetext |
Unfair Discrimination on Blindness (§ 69‑32) | Prohibits unfair treatment based on being blind or partially blind. Casetext+1 | Insurers may not refuse, limit, or charge different rates or coverage solely because someone is blind or partially blind. Casetext+1 |
Practice & Procedure for Hearings (§ 69‑31) | How contested insurance matters are heard by the Department. Casetext+1 | Rules about ex parte communication, parties’ rights, representation, notice, procedure, etc. Casetext |
How Enforcement & Procedures Work
Violations of regulations can lead to actions by the Department: cancellation/suspension of licenses, cease & desist orders, penalties, etc. (e.g. in service contracts regulation, for private review agents) Casetext
Interested persons (insurers, agents, insureds) have rights to hearings under many regulations; rules govern how those hearings are conducted (notice, representation, record, etc.) under § 69‑31. Casetext+1
Some regulations set minimum standards that insurer or agents must follow (readability of policy forms, disclosure rules, non‑forfeiture, etc.). Legal Information Institute+2Casetext+2
Case Law
I found relatively few cases that directly interpret specific regulations in Chapter 69, but some case law does relate. Here are a few, with what is relevant:
Case | Citation | Relevance / Holding |
---|---|---|
Calhoun Life Ins. Co. v. Gambrell, 1965 | Calhoun Life Ins. Co. v. Gambrell, 248 S.E.2d (S.C. 1965) Justia Law | This case is relevant to credit insurance regulation. The Court in Calhoun Life addressed whether the Insurance Department has authority to regulate premium rates for credit accident and health insurance, commissions, etc. The holding emphasized that the Legislature had not explicitly given the Department authority in certain respects; thus, the Department’s attempt to regulate rates for some credit insurance was struck down. Justia Law |
INSURANCE FINANCIAL SERVICES, INC. v. South Carolina Insurance Company, 1978 | 271 S.C. 289 (1978), 247 S.E.2d 315 Justia Law | In this case, an insurance agency (IFS) sued the insurance company claiming wrongful termination of the agency agreement. The Court examined contractual and statutory notions of agency, but also considered Department oversight in licensing/agency contracts. While not a regulation‑case about policy form or credit insurance, it illustrates that SC courts enforce contractual and regulatory standards relating to agents and insurer relationships. Justia Law |
Davis v. Nationscredit Financial Services Corporation, 1997 | 326 S.C. 83, 485 S.E.2d 176 (1997) Casetext | This case involved the South Carolina Consumer Protection Code, which interfaces with some of the insurance regulations under Chapter 69 (specifically credit insurance / insurances sold in connection with loans). The SC Supreme Court held that a lender “substantially complies” with disclosure requirements if the borrower receives clear and prominent disclosures of required information. This indicates how courts interpret overlap between consumer protection statutes and insurance regulations about credit insurance. Casetext |
How the Regulations & Cases Interact (Interpretation / Limits)
Statutory vs Regulatory Authority: Regulations under Chapter 69 must derive from statutory authority. Cases like Calhoun Life illustrate that the Department’s regulatory reach is bounded; if the statute doesn’t grant power, regulations may be invalid.
Disclosure & Consumer Protection: When regulations require disclosures (e.g. in credit insurance or annuity sales), courts often enforce the requirement strictly or interpret what “clear and prominent” means (as in Davis).
Form/File Requirements: Regulations often require that policy forms, certificates, rates, etc., be filed and approved. If an insurer issues policies without following regulatory filing/approval obligations, that may lead to invalidity or penalties.
Due Process in Regulatory Adjudication: Regulations like § 69‑31 ensure that adverse decisions (suspension, cancellation, fines) are made with procedural fairness (notice, hearing, representation). Courts will enforce these procedural rights.
Limitations / Gaps
There are many sections of Chapter 69 that are quite technical (reserve tables, mortality tables, corporate governance, etc.) and comparatively few cases that have been published interpreting those technical sections.
Some of the regulations are old or have been repealed or modified; case law may reflect older versions.
The degree to which newer sections (e.g. those added in recent years) have been litigated is limited (based on my search).
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