South Carolina Code 38-75-1210. Prohibited grounds for refusal to issue policy or determination of premiums; penalties
(a) age;
Terms Used In South Carolina Code 38-75-1210
- Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
- Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the department. See South Carolina Code 38-1-20
- insurance: includes annuities. See South Carolina Code 38-1-20
- Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
- Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 38-1-20
- Policy: means a contract of insurance. See South Carolina Code 38-1-20
- Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
- Property insurance: means each insurance against direct or indirect loss of or damage to a property resulting from fire, smoke, weather disturbances, climatic conditions, earthquake, volcanic eruption, rising waters, insects, blight, animals, war damage, riot, civil commotion, destruction by order of civil authority to prevent spread of conflagration or for other reason, water damage, vandalism, glass breakage, explosion of a water system, collision, theft of automobiles, and personal effects in them (but no other forms of theft insurance), loss of or damage to domestic or wild animals, and any other perils to property which in the discretion of the director or his designee form proper subjects of property insurance, if not specified in items (1), (7), (11), (35), (40), (54), or (59) of this section. See South Carolina Code 38-1-20
(b) sex;
(c) race;
(d) color;
(e) creed;
(f) national origin;
(g) ancestry;
(h) marital status; or
(i) income level.
(2) An insurer or agent may not refuse to issue an insurance policy defined in this article only because of any one of the following factors:
(a) the previous refusal of property insurance by another insurer; or
(b) lawful occupation, including the military service, of the person seeking the coverage.
(3) Nothing in this section prohibits an insurer from limiting the issuance of insurance policies covered in this article only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect.
(4) Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data.
(5) Nothing in this section prohibits an insurer from refusing to issue policies of insurance due to the catastrophe exposure of wind.
(B)(1) In determining the premium rates to be charged for an insurance policy covered in this article, it is unlawful to consider:
(a) race;
(b) color;
(c) creed;
(d) religion;
(e) sex;
(f) national origin;
(g) ancestry;
(h) economic status; or
(i) income level.
(2) An insurer, agent, or a broker may not refuse to write an insurance policy covered in this article based upon:
(a) age;
(b) sex;
(c) race;
(d) color;
(e) creed;
(f) religion;
(g) national origin;
(h) ancestry;
(i) economic status; or
(j) income level.
(3) However, nothing in this subsection may preclude the use of a territorial plan approved by the director.
(C) An insurer or agent who violates this section is subject to the penalties as provided in § 38-2-10. If the Director of the Department of Insurance or his designee finds that an insurer or agent is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. However, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department. The director or his designee at any time may examine an insurer, agent, or a broker to enforce this section. The expense of examination must be paid by the insurer, agent, or broker.