§ 33-42-1810 Right of action
§ 33-42-1820 Proper plaintiff
§ 33-42-1830 Pleading
§ 33-42-1840 Expenses

Terms Used In South Carolina Code > Title 33 > Chapter 42 > Article 10 - Derivative Actions

  • Board: means the board of directors of the pool. See South Carolina Code 38-74-10
  • Coinsurance: means a stipulation or requirement that the insured undertakes to be his own insurer to the extent that he fails to maintain insurance of a given percentage of the value of the property against loss or damage. See South Carolina Code 38-1-20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the South Carolina Insurance Department. See South Carolina Code 38-74-10
  • 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
  • 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
  • health insurance coverage: means benefits consisting of medical care provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care under a hospital or medical service policy or certificate, hospital, or medical service plan contract, or health maintenance organization contract offered by an insurer, except:

    (a) coverage only for accident or disability income insurance, or any combination thereof;

    (b) coverage issued as a supplement to liability insurance;

    (c) liability insurance, including general liability insurance and automobile liability insurance;

    (d) workers' compensation or similar insurance;

    (e) automobile medical payment insurance;

    (f) credit-only insurance;

    (g) coverage for on-site medical clinics;

    (h) other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;

    (i) if offered separately:

    (i) limited scope dental or vision benefits;

    (ii) benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;

    (iii) such other similar, limited benefits as are specified in regulations;

    (j) if offered as independent, noncoordinated benefits:

    (i) coverage only for a specified disease or illness; and

    (ii) hospital indemnity or other fixed indemnity insurance;

    (k) if offered as a separate insurance policy, coverage supplement to the coverage provided under Chapter 55 of Title 10 of the United States Code. See South Carolina Code 38-74-10
  • Hospital: means an institution operated pursuant to law under the supervision of a staff of duly licensed physicians which is primarily and continuously engaged in providing or operating, either on its premises or in facilities available to the public on a prearranged basis, medical, diagnostic, and major surgical facilities for the medical care and treatment of sick or injured persons on an inpatient basis for which a charge is made and provides twenty-four hour nursing service under the supervision of registered nurses. See South Carolina Code 38-74-10
  • Individual market: means the market for health insurance coverage offered to individuals other than in connection with a group health plan. See South Carolina Code 38-74-10
  • insurance: includes annuities. See South Carolina Code 38-1-20
  • Insurer: means any entity that provides health insurance in this State. See South Carolina Code 38-74-10
  • 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
  • Medicare: means Title XVIII of the Social Security Act, 42 U. See South Carolina Code 38-74-10
  • Member: means each insurer participating in the pool. See South Carolina Code 38-74-10
  • 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.
  • Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, or corporation. See South Carolina Code 33-42-20
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
  • 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.
  • 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.
  • Statute: A law passed by a legislature.