South Carolina Code 38-74-50. Insurer’s assessment
(B) If assessments exceed the net loss of pool operation, the excess must be held at interest and used by the board to offset future losses or to reduce pool premiums. As used in this subsection, "future losses" includes reserves for incurred but not reported claims.
Terms Used In South Carolina Code 38-74-50
- Board: means the board of directors of the pool. See South Carolina Code 38-74-10
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Member: means each insurer participating in the pool. See South Carolina Code 38-74-10
- Net loss: means the excess of incurred claims plus expenses over the sum of earned premiums, accrued investment income, and other appropriate gains and losses. See South Carolina Code 38-74-10
- 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
(C)(1) Each member‘s proportion of participation in the pool is determined annually by the board based on annual statements and other reports considered necessary by the board and filed by the member with it.
(2) Any deficit incurred by the pool may be recouped by assessments apportioned under subsection (A) of this section by the board among members.
(D) The board may abate or defer, in whole or in part, the assessment of a member if, in the opinion of the board, payment of the assessment would endanger the ability of the member to fulfill its contractual obligations. In the event an assessment against a member is abated or deferred in whole or in part, the amount by which the assessment is abated or deferred may be assessed against the other members in a manner consistent with the basis for assessments set forth in subsection (A) of this section. The member receiving abatement or deferment shall remain liable to the pool for the deficiency for four years.