South Carolina § 38-90-130 - Participation in plan, pool, association, or guaranty or insolvency fund.

§ 38-90-130. Participation in plan, pool, association, or guaranty or insolvency fund.

A captive insurance company, including a captive insurance company organized as a reciprocal insurer under this chapter, may not join or contribute financially to a plan, pool, association, or guaranty or insolvency fund in this State, and a captive insurance company, or its insured or its parent or any affiliated company or any member organization of its association, or in the case of a captive insurance company organized as a reciprocal insurer, a subscriber of the company, may not receive a benefit from a plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. Subject to the approval of the director, participation by a captive insurance company, including a pure captive insurance company, in a pool for the purpose of risk sharing is not prohibited under this section.

HISTORY: 2000 Act No. 331, SECTION 1; 2009 Act No. 28, SECTION 10, eff June 2, 2009; 2014 Act No. 282 (S.909), SECTION 16, eff June 10, 2014; 2018 Act No. 251 (H.4675), SECTION 1, eff May 18, 2018.

Effect of Amendment

2014 Act No. 282, SECTION 16, inserted "by a captive insurance company, including a pure captive insurance company," in the second sentence, and added the third sentence.

2018 Act No. 251, SECTION 1, in the second sentence, substituted "approval of the director" for "prior written approval of the director or his designee" and deleted "commercial" following "for the purpose of", and deleted the third sentence, which related to the writing of third-party risk by a captive insurance company outside or a commercial risk sharing agreement.