Terms Used In South Carolina Code > Title 2 > Chapter 65 - South Carolina Federal and Other Funds Oversight Act

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Admitted insurer: means an insurer licensed to do business in this State. See South Carolina Code 38-1-20
• Agency: means any state office, department, institution, board, commission, council, committee, or other entity of the executive, judicial, or legislative branch. See South Carolina Code 2-65-15
• 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
• Appropriations act: means the annual general appropriations act. See South Carolina Code 2-65-15
• Articles of incorporation: means the articles of conversion of a corporation converted to a telephone cooperative pursuant to Article 8 of this chapter. See South Carolina Code 33-46-20
• 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.
• Bequest: Property gifted by will.
• Block grant: means federal funds distributed to the State in accordance with a statutory formula for use in a variety of activities within a broad functional area. See South Carolina Code 2-65-15
• Board: means the Executive Budget Office. See South Carolina Code 2-65-15
• 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
• 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
• Commodity: means any subject of commerce;
  
  (2) "Producer" means any grower, baker, maker, manufacturer, bottler, packer, converter, processor or publisher;
  
  (3) "Wholesaler" means any person selling a commodity other than a producer or retailer; and
  
  (4) "Retailer" means any person selling a commodity to consumers for use. See South Carolina Code 39-7-20
• 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.
• 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
• 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
• Dealership: means the business of selling or attempting to effect the sale by a dealer of new equipment, or the right, whether by written or oral arrangement with a manufacturer, distributor, or wholesaler for a definite or indefinite period of time, to sell or attempt to effect the sale of new equipment. See South Carolina Code 39-6-20
• Dealership agreement: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor, or wholesaler grants to an equipment dealer a license to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of equipment or services related to it at wholesale, retail, leasing, or otherwise. See South Carolina Code 39-6-20
• Department: means the Department of Insurance. See South Carolina Code 38-99-10
• Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
• 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 Director of the Department of Insurance or his designee. See South Carolina Code 38-99-10
• 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. 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 South Carolina Department of Insurance, including all of its divisions. See South Carolina Code 38-87-20
• Distributor: means a person who sells or distributes new equipment to equipment dealers or who maintains distributor representatives within the State. See South Carolina Code 39-6-20
• Distributor branch: means a branch office maintained by a distributor that sells or distributes new equipment to equipment dealers. See South Carolina Code 39-6-20
• Distributor representative: means a representative employed by a distributor branch or distributor. See South Carolina Code 39-6-20
• 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
• Equipment: means machinery, implements, or mechanical devices or apparatuses used in farming, construction, or industry and any outdoor power equipment, but not including:
  
  (a) motor vehicles required to be registered pursuant to § 56-3-110;
  
  (b) motorcycles as defined in § 56-16-10;
  
  (c) outdoor power equipment whose primary source of power is a two-cycle or electric motor;
  
  (d) "all terrain vehicles" or "ATVs" that are three-and-four-wheeled motorized vehicles, generally characterized by large, low-pressure tires, a seat designed to be straddled by the operator and handlebars for steering, which are intended for off-road use by an individual rider on various types of nonpaved terrain;
  
  (e) cranes; or
  
  (f) pneumatic tires, tubes, and flaps and related products and components associated with tires, including tires used in farm, construction, industrial, outdoor power, mining, and other on-and-off road applications. See South Carolina Code 39-6-20
• equipment dealer: means a person who sells or attempts to effect the sale of equipment, but not including a:
  
  (a) distributor or wholesaler;
  
  (b) receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to the judgment or order of a court;
  
  (c) public officer while performing his official duties;
  
  (d) person disposing of equipment acquired for his own use and used in good faith, not for the purpose of avoiding the law;
  
  (e) finance company or other financial institution that sells repossessed equipment;
  
  (f) single line dealer primarily engaged in the retail sale and service of off-road construction and earth-moving equipment. See South Carolina Code 39-6-20
• Executor: A male person named in a will to carry out the decedent
• Factory branch: means a branch office maintained by a manufacturer that makes or assembles equipment for sale to distributors or equipment dealers or that is maintained for directing and supervising the representatives of the manufacturer. See South Carolina Code 39-6-20
• Factory representative: means a representative employed by a manufacturer or by a factory branch for the purpose of selling or promoting the sale of equipment or for supervising, servicing, instructing, or contracting with equipment dealers or prospective equipment dealers. See South Carolina Code 39-6-20
• 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 funds: means financial assistance made to a state agency by the United States Government in any form including, but not limited to, a grant, loan, subsidy, reimbursement, contract, donation, or shared federal revenues, or noncash federal assistance in the form of equipment, buildings, and land. See South Carolina Code 2-65-15
• 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}
• 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
• 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
• Indirect costs: means those costs of supportive services within an agency or provided by another agency which benefit more than one program and which may be charged to federal programs in accordance with Office Management and Budget Circular A-87 or A-21. See South Carolina Code 2-65-15
• 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
• 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
• Major federal program: means a program which:
  
  (a) represents a transfer of program responsibility from the federal to the state level;
  
  (b) is available to the State on a noncompetitive basis;
  
  (c) is financially significant in relation to its proportion of the administering agency's budget. See South Carolina Code 2-65-15
• Manufacturer: means a person engaged in the business of manufacturing or assembling new and unused equipment. See South Carolina Code 39-6-20
• Matching funds: means a specific amount of general fund or other funds monies identified by a state agency, and required by the federal government, as a cash contribution for a federal program. See South Carolina Code 2-65-15
• Member: means each incorporator of a cooperative and each person admitted to and retaining membership therein and includes a husband and wife admitted to joint membership. See South Carolina Code 33-46-20
• multi-line dealer: is a ny individual, partnership, corporation, limited liability company, or other legal entity that has:
  
  (i) purchased less than fifty percent of its total new product inventory from a single supplier under all agreements with that supplier; and
  
  (ii) a total annual average sales volume in excess of fifty million dollars. See South Carolina Code 39-6-20
• 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 38-89-10
• New equipment: means equipment that has not been sold previously to a person other than a distributor or wholesaler or equipment dealer for resale. See South Carolina Code 39-6-20
• 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
• Other funds: means any revenues received by an agency which are not federal funds and are not general funds appropriated by the General Assembly in the appropriations act. See South Carolina Code 2-65-15
• Person: means any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision, or agency thereof, or any body politic. See South Carolina Code 33-46-20
• 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
• Person: means a natural person, corporation, partnership, trust, or other entity, including any other entity in which it has a majority interest or of which it has control, as well as the individual officers, directors, and other persons in active control of the activities of each entity. See South Carolina Code 39-6-20
• 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
• 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
• 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
• producer: means a person who represents an insurance company and is required to be licensed pursuant to § 38-43-10. See South Carolina Code 38-1-20
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Quorum: The number of legislators that must be present to do business.
• Risk assessment: means the risk assessment that each licensee is required to conduct under this chapter. See South Carolina Code 38-99-10
• Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage, whether by transfer in trust or any other form, of any equipment or interest in it or of a dealership agreement or sales agreement related to it, and any option, subscription, or contract, or solicitation, looking to a sale, or offer or attempt to sell, whether spoken or written, or any other form. See South Carolina Code 39-6-20
• 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 of process: The service of writs or summonses to the appropriate party.
• single line dealer: is a ny individual, partnership, corporation, limited liability company, or other legal entity that has:
  
  (i) purchased seventy-five percent or more of its total new product inventory from a single supplier under all agreements with that supplier; and
  
  (ii) a total annual average sales volume in excess of forty-five million dollars for the preceding two years with that single supplier for the territory for which the individual, partnership, corporation, limited liability company, or other legal entity is responsible; or
  
  (g) a person or business who sells only component parts of equipment;
  
  (h) multi-line dealer primarily engaged in the retail sale and service of industry and outdoor power equipment. See South Carolina Code 39-6-20
• 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
• State: means the State of South Carolina. See South Carolina Code 38-99-10
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• 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 § 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
• Telephone cooperative: means a corporation which is financed, now or formerly, in whole or in part by the Department of Agriculture made under the provisions of the Rural Electric Act of 1936, Title 26, Section 922 of the United States Code, and acts amendatory thereto for the purposes of owning or operating in this State equipment or facilities for the transmission of intelligence through a communication service system including, but not limited to, telephone services, mobile radio, and cable television on a cooperative basis as is tax exempt pursuant to Internal Revenue Service Code 501(c)(12) or an association of like corporations exempt from tax pursuant to 501(c)(6), or operated under a cooperative basis pursuant to Subchapter T of the Internal Revenue Code and originally incorporated pursuant to Title 33, Chapter 45 of the South Carolina Code of Laws or this chapter. See South Carolina Code 33-46-20
• Telephone service: means the providing of communication service including, but not limited to, the transmission of voice, sounds, signals, pictures, writing, or signs of all kinds through the use of electricity or the electromagnetic spectrum between the transmitting and receiving apparatus, together with any communication services requiring band-width capacity, community antenna, and cable television services and including all lines, wires, radio, lights, electromagnetic impulse and all facilities, systems, or other means used in the rendition of such services, but not including message telegram service or radio broadcasting services or facilities within the meaning of Section 3(o) of the Federal Communications Act of 1934, as amended (47 USC Section 153(o)). See South Carolina Code 33-46-20
• 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.
• 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.
• 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.