South Carolina General Assembly
110th Session, 1993-1994

Bill 4495


                    Current Status
Introducing Body:               House
Bill Number:                    4495
Ratification Number:            415
Act Number:                     370
Primary Sponsor:                J. Bailey
Type of Legislation:            GB
Subject:                        Insurance, incorporated group
                                members
Companion Bill Number:          971
Date Bill Passed both Bodies:   19940419
Computer Document Number:       BBM/10784JM.94
Governor's Action:              S
Date of Governor's Action:      19940502
Introduced Date:                19940113
Last History Body:              ------
Last History Date:              19940502
Last History Type:              Act No. 370
Scope of Legislation:           Statewide
All Sponsors:                   J. Bailey
                                Corning
                                McElveen
                                Quinn
                                Scott
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
4495   ------  19940502      Act No. 370
4495   ------  19940502      Signed by Governor
4495   ------  19940427      Ratified R 415
4495   Senate  19940419      Read third time, enrolled for
                             ratification
4495   Senate  19940407      Read second time
4495   Senate  19940406      Committee Report: Favorable     02
4495   Senate  19940224      Introduced, read first time,    02
                             referred to Committee
4495   House   19940223      Read third time, sent to
                             Senate
4495   House   19940222      Read second time
4495   House   19940209      Committee Report: Favorable     26
4495   House   19940113      Introduced, read first time,    26
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A370, R415, H4495)

AN ACT TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INCORPORATED MEMBERS OF THE GROUP DEFINED IN THIS SECTION MUST NOT BE ENGAGED IN ANY BUSINESS OTHER THAN UNDERWRITING AS A MEMBER OF THE GROUP AND ARE SUBJECT TO THE SAME LEVEL OF SOLVENCY REGULATION AND CONTROL BY THE GROUP'S DOMICILIARY REGULATOR AS ARE THE UNINCORPORATED MEMBERS.

Be it enacted by the General Assembly of the State of South Carolina:

Business other than underwriting disallowed; etc.

SECTION 1. Section 38-9-200(E)(1) of the 1976 Code, as added by Act 13 of 1991 and last amended by Act 181 of 1993, is further amended to read:

"(1) Credit must be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, defined in Section 38-9-220(B), for the payment of the valid claims of its United States policyholders and ceding insurers and their assigns and successors in interest. The assuming insurer shall report annually to the director or designee information substantially the same as that required to be reported on the National Association of Insurance Commissioners annual statement form by licensed insurers to enable the director or designee to determine the sufficiency of the trust fund. For a single assuming insurer, the trust must consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than twenty million dollars. For a group including incorporated and individual unincorporated underwriters, the trust must consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which one hundred million dollars must be held jointly for the benefit of United States ceding insurers of a member of the group. The incorporated members of the group must not be engaged in any business other than underwriting as a member of the group and are subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members. The group shall make available to the director or designee an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its independent public accountants."

Time effective

SECTION 2. This act takes effect upon approval by the Governor, except "director or designee" which takes effect in accordance with Act 181 of 1993.

Approved the 2nd day of May, 1994.