§ 16-3-1700 Definitions
§ 16-3-1705 Electronic mail service provider; immunity; definition
§ 16-3-1710 Penalties for conviction of harassment in the second degree
§ 16-3-1720 Penalties for conviction of harassment in the first degree
§ 16-3-1730 Penalties for conviction of stalking
§ 16-3-1735 Law enforcement officer empowered to sign warrant in place of victim
§ 16-3-1740 Mental health evaluations of persons convicted of stalking or harassment; notice to victim in person of unsupervised release
§ 16-3-1750 Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceability
§ 16-3-1760 When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order
§ 16-3-1770 Form and content of temporary restraining order
§ 16-3-1780 Expiration of temporary restraining orders and restraining orders; extensions and modifications
§ 16-3-1790 Service of certified copies of restraining orders
§ 16-3-1800 Arrest upon violation of restraining order
§ 16-3-1810 Law enforcement officer’s responsibilities when responding to a harassment or stalking incident
§ 16-3-1820 Immunity from liability for filing a report or complaint or participating in a judicial proceeding concerning alleged harassment or stalking; rebuttable presumption of good faith
§ 16-3-1830 Availability of other civil and criminal remedies
§ 16-3-1840 Mental health evaluation prior to setting bail; purpose; report

Terms Used In South Carolina Code > Title 16 > Chapter 3 > Article 17 - Harassment and Stalking

  • Administrator: means the person who is responsible for the administration of the service contracts or the service contracts plan or who is responsible for any filings required by this chapter. See South Carolina Code 38-78-20
  • Admitted insurer: means an insurer licensed to do business in this State. See South Carolina Code 38-1-20
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alien insurer: means an insurer incorporated or organized under the laws of a country other than the United States of America, its states, commonwealths, territories, or insular possessions. See South Carolina Code 38-1-20
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appointment: means an individual designated by an official or authorized representative of an authorized insurer to act on its behalf as a producer. See South Carolina Code 38-1-20
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means any joint underwriting association established pursuant to this chapter. See South Carolina Code 38-83-10
  • Association: means a joint underwriting association established pursuant to this subdivision. See South Carolina Code 38-89-10
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Casualty insurance: means each insurance against legal liability of the insured for bodily injury to or death of another person, including workers' compensation insurance, and for damages to or loss or destruction of the property of another person; medical payments insurance when written in conjunction with insurance covering liability for the deaths or bodily injuries of another person; guaranteeing the fidelity of a person holding a position of public or private trust; loss of or damage to property caused by burglary, theft, larceny, robbery, fraud, or unlawful taking or secretion of property owned by or entrusted to the insured; loss of or damage to property of the insured resulting from the explosion of or damage to a fired or unfired boiler or other pressure vessel, engine, turbine, compressor, pump, wheel, or an apparatus generating, transmitting, or using electric power, and machinery or equipment connected with any of them; loss resulting from nonpayment of debts owed to merchants or another person extending credit. See South Carolina Code 38-1-20
  • Certificate of limited partnership: means the certificate referred to in Section 33-42-210, any certificate of limited partnership filed with the office of the Secretary of State in connection with the formation of a limited partnership under any applicable statute of this State prior to the effective date of this chapter, and any such certificate as amended, or restated. See South Carolina Code 33-42-20
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: means the part of the premium paid to the producer as compensation for his services. See South Carolina Code 38-1-20
  • Commissioner: means the commissioner, director, or superintendent of insurance in a state. See South Carolina Code 38-87-20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completed operations liability: means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by:

    (a) any person who performs that work; or

    (b) any person who hires an independent contractor to perform that work; but includes liability for activities which are completed or abandoned before the date of the occurrence giving rise to the liability;

    (3) "Domicile" for purposes of determining the state in which a purchasing group is domiciled, means:

    (a) for a corporation, the state in which the purchasing group is incorporated; and

    (b) for an unincorporated entity, the state of its principal place of business;

    (4) "Hazardous financial condition" means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able:

    (a) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or

    (b) to pay other obligations in the normal course of business;

    (5) "Insurance" means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this State;

    (6) "Liability":

    (a) means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of:

    (i) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations; or

    (ii) any activity of any state or local government, or any agency or political subdivision thereof; and

    (b) does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act (45 U. See South Carolina Code 38-87-20
  • Consumer: means an individual including, but not limited to, an applicant, policyholder, insured, beneficiary, claimant, and certificate holder who is a resident of this State and whose nonpublic information is in a licensee's possession, custody, or control. See South Carolina Code 38-99-10
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • contract holder: means a person who is the purchaser or holder of a service contract. See South Carolina Code 38-78-20
  • Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. See South Carolina Code 33-42-20
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: includes every court and judge having jurisdiction in the case;

    (2) "Business" includes every trade, occupation, or profession;

    (3) "Bankrupt" includes a bankrupt under the Federal Bankruptcy Act or an insolvent under any state insolvent act;

    (4) "Conveyance" includes every assignment, lease, mortgage, or encumbrance;

    (5) "Real property" includes land and any interest or estate in land; and

    (6) "Registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of this State, registered under Section 33-41-1110 and complying with Sections 33-41-1120 and 33-41-1130. See South Carolina Code 33-41-20
  • coverage: means as defined in Sections 38-71-670(6) and 38-71-840(14). See South Carolina Code 38-93-10
  • Cybersecurity event: means an event resulting in unauthorized access to or the disruption or misuse of an information system or information stored on an information system. See South Carolina Code 38-99-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day care liability insurance: means insurance protection against the day care liability of the insured and against loss, damage, or expense incident to a claim arising out of day care service to a person as the result of negligence in rendering or failing to render day care service. See South Carolina Code 38-89-10
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
  • Department: means the South Carolina Insurance Department. See South Carolina Code 38-74-10
  • Department: means the Department of Insurance. See South Carolina Code 38-99-10
  • Dependent: A person dependent for support upon another.
  • Designee or deputy director: means the person or persons appointed by the director, serving at the will and pleasure of the director as his designee, to supervise and carry out the functions and duties of the department as provided by law. 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
  • 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 of Insurance, including all of its divisions. See South Carolina Code 38-74-10
  • Director: means the Director of the Department of Insurance. See South Carolina Code 38-78-20
  • 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 South Carolina Department of Insurance, including all of its divisions. See South Carolina Code 38-87-20
  • Director: means the Director of the Department of Insurance or his designee. See South Carolina Code 38-99-10
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electronic contact: means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system. See South Carolina Code 16-3-1700
  • Encrypted: means the transformation of data into a form which results in a low probability of assigning meaning without the use of a protective process or key. See South Carolina Code 38-99-10
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in Section 33-42-620. See South Carolina Code 33-42-20
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Family: means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person. See South Carolina Code 16-3-1700
  • Family member: means , with respect to an individual:

    (a) a dependent of the individual; and

    (b) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of the individual or his dependent. See South Carolina Code 38-93-10
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign limited partnership: means a partnership formed under the laws of any state other than this State and having as partners one or more general partners and one or more limited partners. See South Carolina Code 33-42-20
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See South Carolina Code 33-42-20
  • Genetic information: means , with respect to an individual, the:

    (i) individual's genetic tests;

    (ii) genetic tests of the individual's family members; and

    (iii) manifestation of a disease or disorder in family members of the individual. See South Carolina Code 38-93-10
  • Genetic services: means :

    (a) a genetic test;

    (b) genetic counseling, including obtaining, interpreting, or assessing genetic information; or

    (c) genetic education. See South Carolina Code 38-93-10
  • Genetic test: means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations or chromosomal changes. See South Carolina Code 38-93-10
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Harassment in the first degree: means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. See South Carolina Code 16-3-1700
  • Harassment in the second degree: means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. See South Carolina Code 16-3-1700
  • Home state: means the District of Columbia and a state or territory of the United States in which an insurance producer maintains his principal place of residence or principal place of business and is licensed to act as an insurance producer. See South Carolina Code 38-1-20
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual: means an insured, individual enrollee, covered dependent, participant, covered person, beneficiary, eligible employee, dependent of an eligible employee, or applicant for coverage. See South Carolina Code 38-93-10
  • Information security program: means the administrative, technical, and physical safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic information. See South Carolina Code 38-99-10
  • Information system: means a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination or disposition of electronic information, as well as any specialized system such as industrial or process controls systems, telephone switching and private branch exchange systems, and environmental control systems. See South Carolina Code 38-99-10
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insurance: includes annuities. See South Carolina Code 38-1-20
  • Insurance company: means an "insurer". 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
  • issuer: means an entity that provides health insurance coverage in this State as defined in Sections 38-71-670(7) and 38-71-840(16). See South Carolina Code 38-93-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a document issued by the state's director or his designee authorizing a person to act as an insurance producer for the lines of authority specified in the document. See South Carolina Code 38-1-20
  • Licensee: means a person licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered pursuant to the insurance laws of this State but does not include a purchasing group or a risk retention group chartered and licensed in a state other than this State or a licensee that is acting as an assuming insurer that is domiciled in another state or jurisdiction. See South Carolina Code 38-99-10
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life insurance: means a contract of insurance upon the lives of human beings. See South Carolina Code 38-1-20
  • Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See South Carolina Code 33-42-20
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Member: means each insurer participating in the pool. See South Carolina Code 38-74-10
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Motor vehicle manufacturer: means a person that:

    (a) manufactures or produces motor vehicles and sells motor vehicles under its own name or label;

    (b) is a wholly owned subsidiary of the person who manufactures or produces motor vehicles;

    (c) is a corporation which owns one hundred percent of the person who manufactures or produces motor vehicles;

    (d) does not manufacture or produce motor vehicles, but sells motor vehicles under its trade name label;

    (e) manufactures or produces motor vehicles and sells such motor vehicles under the trade name or label of another person; or

    (f) does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person that sells motor vehicles under the licensor's trade name or label. See South Carolina Code 38-78-20
  • Multifactor authentication: means authentication through verification of at least two of the following authentication factors:

    (a) knowledge factors, such as a password; or

    (b) possession factors, such as a token or text message on a mobile phone; or

    (c) inherence factors, such as a biometric characteristic. See South Carolina Code 38-99-10
  • Net direct premiums: means gross direct premiums written on bodily injury liability insurance, other than automobile liability insurance, homeowners liability insurance, and farmowners liability insurance, including the liability component of multiple peril package policies, as computed by the director or his designee less return premiums or the unused or unabsorbed portions of premium deposits. See South Carolina Code 38-83-10
  • Net direct premiums: means gross direct premiums written on bodily injury liability insurance, other than automobile liability insurance, homeowners liability insurance, and farmowners liability insurance, including the liability component of multiple peril package policies, as computed by the director or his designee less return premiums or the unused or unabsorbed portions of premium deposits. See South Carolina Code 38-89-10
  • Nonpublic information: means information that is not publicly available information and is:

    (a) business-related information of a licensee the tampering with which, or unauthorized disclosure, access, or use of which, would cause a material adverse impact to the business, operations, or security of the licensee;

    (b) any information concerning a consumer which because of name, number, personal mark, or other identifier can be used to identify such consumer, in combination with any one or more of the following data elements:

    (i) social security number;

    (ii) driver's license number or nondriver identification card number;

    (iii) account number, credit or debit card number;

    (iv) security code, access code, or password that would permit access to a consumer's financial account; or

    (v) biometric records;

    (c) any information or data, except age or gender, in any form or medium created by or derived from a health care provider or a consumer and that relates to:

    (i) the past, present, or future physical, mental or behavioral health or condition of a consumer or a member of the consumer's family;

    (ii) the provision of health care to a consumer; or

    (iii) payment for the provision of health care to a consumer. See South Carolina Code 38-99-10
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partner: means a limited or general partner. See South Carolina Code 33-42-20
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See South Carolina Code 33-42-20
  • Partnership interest: means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See South Carolina Code 33-42-20
  • Pattern: means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. See South Carolina Code 16-3-1700
  • 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
  • Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See South Carolina Code 38-78-20
  • Person: means any individual or any nongovernmental entity including, but not limited to, a nongovernmental partnership, corporation, branch, agency, or association. See South Carolina Code 38-99-10
  • Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, or corporation. See South Carolina Code 33-42-20
  • Personal property: All property that is not real property.
  • Personal risk liability: means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in item (6);

    (8) "Plan of operation or a feasibility study" means an analysis which presents the expected activities and results of a risk retention group including, at a minimum:

    (a) information sufficient to verify that its members are engaged in businesses or activities similar or related with respect to the liability to which such members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;

    (b) for each state in which it intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer;

    (c) historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;

    (d) pro forma financial statements and projections;

    (e) appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;

    (f) identification of management, underwriting and claims procedures, marketing methods, managerial oversight methods, investment policies, and reinsurance agreements;

    (g) identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each such state; and

    (h) such other matters as may be prescribed by the commissioner of the state in which the risk retention group is chartered for liability insurance companies authorized by the insurance laws of that state;

    (9) "Product liability" means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage (including damages resulting from the loss of use of property) arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred;

    (10) "Purchasing group" means any group which:

    (a) has as one of its purposes the purchase of liability insurance on a group basis;

    (b) purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in item (10)(c);

    (c) is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and

    (d) is domiciled in any state;

    (11) "Risk retention group" means any corporation or other limited liability association:

    (a) whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members;

    (b) which is organized for the primary purpose of conducting the activity described under item (11)(a);

    (c) which:

    (i) is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or

    (ii) before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of such state, except that any such group must be considered to be a risk retention group only if it has been engaged in business continuously since such date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability (as such terms were defined in the Product Liability Risk Retention Act of 1981 before the date of the enactment of the Liability Risk Retention Act of 1986);

    (d) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person;

    (e) which:

    (i) has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group; or

    (ii) has as its sole owner an organization which has as

    (A) its members only persons who comprise the membership of the risk retention; and

    (B) its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group;

    (f) whose members are engaged in businesses or activities similar or related with respect to the liability of which such members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;

    (g) whose activities do not include the provision of insurance other than:

    (i) liability insurance for assuming and spreading all or any portion of the liability of its group members; and

    (ii) reinsurance with respect to the liability of any other risk retention group (or any members of such other group) which is engaged in businesses or activities so that such group or member meets the requirement described in item (f) of this section for membership in the risk retention group which provides such reinsurance; and

    (h) the name of which includes the phrase "Risk Retention Group";

    (12) "State" means any state of the United States or the District of Columbia. See South Carolina Code 38-87-20
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Policy: means a contract of insurance. See South Carolina Code 38-1-20
  • Pool: means the South Carolina Health Insurance Pool. See South Carolina Code 38-74-10
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
  • Premium: means the consideration paid to an insurer for a reimbursement insurance policy. See South Carolina Code 38-78-20
  • producer: means a person who represents an insurance company and is required to be licensed pursuant to Section 38-43-10. See South Carolina Code 38-1-20
  • Professional liability insurance: means insurance protection against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of service to or representation of any person as the result of negligence or malpractice in rendering or failing to render a professional service. See South Carolina Code 38-83-10
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a person who is contractually obligated to the service contract holder under the terms of the service contract. See South Carolina Code 38-78-20
  • Provider fee: means the consideration paid for a service contract. See South Carolina Code 38-78-20
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publicly available information: means information that a licensee has a reasonable basis to believe is lawfully made available to the general public from federal, state, or local governmental records, widely distributed media, or disclosures to the general public that are required to be made by federal, state, or local law. See South Carolina Code 38-99-10
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reimbursement insurance policy: means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider. See South Carolina Code 38-78-20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Risk assessment: means the risk assessment that each licensee is required to conduct under this chapter. See South Carolina Code 38-99-10
  • Secretary: means the Secretary of the United States Department of Health and Human Services. See South Carolina Code 38-93-10
  • Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See South Carolina Code 38-1-20
  • Service contract: includes a contract or agreement for a separately stated consideration for a specific duration to perform one or more of the following services:

    (a) the repair or replacement of tires and wheels on a motor vehicle damaged as a result of coming into contact with road hazards;

    (b) the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without sanding, bonding, painting, or replacing a vehicle body panel;

    (c) the replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable, lost, or stolen; and

    (d) other services consistent with the provisions of this chapter approved by the director. See South Carolina Code 38-78-20
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See South Carolina Code 38-1-20
  • Stalking: means a pattern of words, whether verbal, written, or electronic, or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:

    (1) death of the person or a member of his family;

    (2) assault upon the person or a member of his family;

    (3) bodily injury to the person or a member of his family;

    (4) criminal sexual contact on the person or a member of his family;

    (5) kidnapping of the person or a member of his family; or

    (6) damage to the property of the person or a member of his family. See South Carolina Code 16-3-1700
  • State: means the State of South Carolina. See South Carolina Code 38-99-10
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See South Carolina Code 33-42-20
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Surety: includes insurance or a bond that covers obligations to pay the debts, or answer for the default, of another, including faithlessness in a position of public or private trust. See South Carolina Code 38-1-20
  • Surplus lines insurance: means insurance in this State of risks located or to be performed in this State, permitted to be placed through a licensed broker, or a licensed broker as provided in Section 38-45-10(8)(b)(ii), with a nonadmitted insurer eligible to accept the insurance, other than reinsurance, wet marine and transportation insurance, insurance independently procured, and life and health insurance and annuities. See South Carolina Code 38-1-20
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Terminate: means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. See South Carolina Code 38-1-20
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • theft protection program: includes , but is not limited to, alarm systems, body-part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. See South Carolina Code 38-78-20
  • Theft protection program warranty: means a written agreement by a warrantor that provides the warrantor will pay to or on behalf of the warranty holder specified incidental costs not to exceed five thousand dollars as a result of the failure of the theft protection program to prevent loss or damage to a motor vehicle pursuant to the terms of the warranty. See South Carolina Code 38-78-20
  • Third-party service provider: means a person not otherwise defined as a licensee that contracts with a licensee to maintain, process, store or otherwise is permitted access to nonpublic information through its provision of services to the licensee. See South Carolina Code 38-99-10
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Underwriting purposes: means :

    (a) rules for, or determination of, eligibility including enrollment and continued eligibility for benefits under the policy or coverage;

    (b) the computation of premium or contribution amounts under the policy or coverage;

    (c) the application of any preexisting condition exclusion under the policy or coverage; and

    (d) other activities related to the creation, renewal, or replacement of a policy or contract of health insurance coverage. See South Carolina Code 38-93-10
  • Venue: The geographical location in which a case is tried.
  • Warranty: means a warranty made solely by the manufacturer, importer, or seller of property or services without charge, that is not negotiated or separated from the sale of the product, that is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services. See South Carolina Code 38-78-20