Current through 2024 Act No. 225.
Section 38-90-180 - Applicability of provisions relating to insurance reorganizations, receiverships, and injunctions; sponsored captive insurance company assets and capital provisions(A) Except as otherwise provided in this section, the terms and conditions set forth in Chapters 26 and 27 of this title pertaining to insurance reorganizations, receiverships, and injunctions apply in full to captive insurance companies formed or licensed under this chapter.(B) In the case of a sponsored captive insurance company:(1) the assets of the protected cell may not be used to pay expenses or claims other than those attributable to the protected cell; and(2) its capital and surplus at all times must be available to pay expenses of or claims against the sponsored captive insurance company and may not be used to pay expenses or claims attributable to a protected cell.(3) Notwithstanding another provision of law or regulation, upon an order of conservation, rehabilitation, or liquidation of a sponsored captive insurance company, the receiver shall deal with the sponsored captive insurance company's assets and liabilities, including protected cell assets and protected cell liabilities, pursuant to the requirements of this chapter.Amended by 2018 S.C. Acts, Act No. 251 (HB 4675),s 1, eff. 5/18/2018.Amended by 2014 S.C. Acts, Act No. 282 (SB 909), s 18, eff. 6/10/2014.Amended by 2009 S.C. Acts, Act No. 28 (SB 323), s 11, eff. 6/2/2009.2004 Act No. 291, Section 26, eff 7/29/2004; 2001 Act No. 82, Section 33, eff 7/20/2001; 2001 Act No. 58, Section 12, eff 5/29/2001; 2000 Act No. 331, Section 1.