South Carolina Insurance Head Issues Emergency Orders for Storm Recovery

October 13, 2015

The South Carolina Department of Insurance (SCDOI) has issued two bulletins to insurers in an effort to aid with storm recovery efforts in the state.

South Carolina Insurance Director Raymond Farmer issued an emergency regulation on Oct. 9 in response to the catastrophic rainfall and flooding and the resulting damage from the mega storm that hit the state over several days starting Oct. 1.

The emergency order, 69-77, suspends 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.

In this instance, Farmer’s emergency order and regulation prohibits insurance companies from canceling policies between Oct. 8 and Nov. 1, 2015 for insureds in all counties listed in the federal disaster declaration.

The emergency regulation also prohibits insurers from canceling or nonrenewing policies solely because of claims resulting from this catastrophic event. SCDOI Executive Assistant to the Director and Public Information Officer Ann Roberson said the order was not issued in response to any cases of insurers doing the stated action but as a proactive measure to give some relief to insureds in the state.

The order also extends the deadline for insureds in the state to make payments of insurance premiums and other required correspondence for thirty days, but does not exempt or excuse insureds from making premium payments.

“South Carolinians have had their lives turned upside down, homes damaged or destroyed. They need a little time to get their bearings before worrying about submitting paperwork or other information to insurers,” Director Farmer said. “This action is intended to assist those who have been displaced or whose homes have been damaged or destroyed, making it difficult for them to find documents, checkbooks and credit cards or whose mail service may have been disrupted.”

South Carolina Gov. Nikki Haley declared a state of emergency which gives the Director the authority to issue general insurance orders and regulations aimed at helping the state recover from this catastrophic event. The emergency regulation is intended to provide some relief to South Carolina insureds in all counties listed in the disaster declaration.

The emergency regulation does not apply to workers’ compensation policies, which may be addressed in subsequent regulations or orders. It also doesn’t apply to new policies issued after Oct. 12.

On Oct. 12, Farmer issued a bulletin allowing for the temporary licensure of motor vehicle physical damage appraisers to deal with the significant property losses resulting from the storm.

“The resolution of claims related to such covered property losses may not occur expeditiously without the authorization of emergency vehicle physical damage appraisers by the Department due to the magnitude of the catastrophic damage,” the bulletin reads.

Farmer issued the order to ensure that motor vehicle physical damage appraisers are available to assist with the evaluation of claims for South Carolina consumers resulting from the event.

The order will remain in effect until further notice from SCDOI. Insurers interested in appointing non-resident, temporary motor vehicle physical damage appraisers may obtain the procedures and forms for licensure from SCDOI’s website.

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