Exhibit I Emergency Regulation 69-77: Suspension of Certain statutes and Regulations Regarding Insurance Matters affecting Insureds in Sc Caused by Catastrophic Rainfall and Other Associated Severe Weather Due to Tropical Moisture and a Non-tropical Weather System (october 2015)
| Library | The Law of Automobile Insurance in SC (SCBar) (2015 Ed.) |
69-77. Suspension of Certain Statutes and Regulations Regarding Insurance Matters Affecting Insureds in South Carolina Caused by Catastrophic Rainfall and Other Associated Severe Weather Due to Tropical Moisture and a Non-tropical Weather System.
Emergency Situation:
On October 1, 2015, by Executive Order 2015-21, Governor Nikki Haley declared a state of emergency due to storms with record-breaking rainfall and the potential for massive flooding. Areas of South Carolina received record amounts of rainfall creating the conditions for flash flooding and other emergency conditions. In less than thirty-six hours, some areas of the state received up to 24 inches of rain resulting in catastrophic flooding in portions of the Midlands, the South Carolina low country and other areas of the state. The record-breaking rainfall has put many areas of the state underwater and necessitated the closing of many businesses, roads and interstates throughout South Carolina. Significant property damage and loss of life have already been associated with this severe weather event.
The Director finds that an imminent peril to public health, safety, and welfare requires immediate promulgation of an emergency regulation.
Text:
Section 1. Purpose
This Emergency Regulation is issued to expedite and facilitate the state's recovery from this historic rainfall and flooding event and to protect the interests of South Carolina insureds in light of the recent and ongoing disaster and/or catastrophic events.
S.C. Code §§ 38-3-410 et. seq. gives the Director the authority to adopt procedures that facilitate recovery from the emergency. South Carolina law requires that the emergency regulation address claims reporting requirements; grace periods for payment of premiums and performance of other duties by insureds; temporary postponement of cancellations and nonrenewals; and any other rule the Director considers necessary.
In the ordinary course of business, insurers, HMOs, or other insurance related entities doing business in South Carolina and/or regulated by the Director send notices to insureds, many of which are required by statute, giving the insured certain limited periods of time within which to pay premiums or otherwise respond.
This event and its aftermath have produced a disruption in the lives of many South Carolinians making the notification process difficult because of the inability of insureds to receive mail due to mandatory and/or voluntary evacuations and/or the destruction or damage of their homes and property. Thus, many victims are currently unable to timely act or respond to such notices or to timely pay insurance premiums and need additional time within which to act or respond. Some insurers, HMOs, or other insurance related entities doing business in South Carolina and/or regulated by the Director may attempt to cancel, nonrenew or otherwise terminate such insurance coverage. Additionally, some insureds who wish to make timely payment are prevented from making such payment because of the aforementioned circumstances. This could result in an insured being without coverage. This Emergency Regulation provides emergency relief to the insureds of South Carolina affected by this event and its aftermath.
Section 2. Definitions
As used in this...
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