Terms Used In South Carolina Code > Title 38 > Chapter 75 > Article 11 - Title Insurance

• Alteration: means any change made to an existing facility, other than the repair or replacement of damaged, worn, or broken parts necessary for normal maintenance. See South Carolina Code 41-16-20
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associate: means any one of the following:
  
  (a) a business organized for profit in which a producer of title business is a director, officer, partner, employee, or owner of one percent or more of the equity capital thereof;
  
  (b) an employee of a producer of title business;
  
  (c) a franchisor or franchisee of a producer of title business;
  
  (d) a spouse, parent, or child of a producer of title business;
  
  (e) a person, other than an individual, that controls, is controlled by, or is under common control with, a producer of title business;
  
  (f) a person with whom a producer of title business or any associate of such producer has any agreement, arrangement, or understanding or pursues any course of conduct, the purpose or substantial effect of which is to evade the provisions of this article. See South Carolina Code 38-75-905
• Commission: means the part of the premium paid to the producer as compensation for his services. See South Carolina Code 38-1-20
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
• Department: means the South Carolina Division of Labor. See South Carolina Code 41-16-20
• 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 department. See South Carolina Code 38-1-20
• Director: means the Director of the Department of Labor, Licensing and Regulation or his designee or representative. See South Carolina Code 41-16-20
• Dumbwaiter: means a hoisting and lowering mechanism equipped with a car which moves in guides in a substantially vertical direction, when the floor area does not exceed nine square feet and which is used exclusively for carrying materials. See South Carolina Code 41-16-20
• Elevator: means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction and which serves two or more floors of a building or structure. See South Carolina Code 41-16-20
• Escalator: means a power-driven, inclined, continuous stairway used for raising or lowering passengers. See South Carolina Code 41-16-20
• Facility: means any elevator, dumbwaiter, escalator, moving walk, handicap lift, or manlift subject to regulation under the provisions of this chapter and includes hoistways, rails, guides, and all other related mechanical and electrical equipment. See South Carolina Code 41-16-20
• Financial interest: means any interest, legal or beneficial, that entitles the holder directly or indirectly to one percent or more of the net profits or net worth of the entity in which the interest is held. See South Carolina Code 38-75-905
• Handicap lift: means a lift whose sole purpose is the transportation of handicapped or disabled individuals. See South Carolina Code 41-16-20
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means an inspector employed by the department for the purpose of administering this chapter. See South Carolina Code 41-16-20
• insurance: includes annuities. 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manlift: means a device consisting of a power-driven endless belt, provided with steps or platforms and handholds attached to it for the transportation of persons from floor to floor. See South Carolina Code 41-16-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Moving walk: means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction in motion and is uninterrupted. See South Carolina Code 41-16-20
• New installation: means a facility, the construction or relocation of which is begun, or for which an application for a new installation permit is filed, on or after the effective date of regulations relating to those permits adopted by the Director under authority of this chapter. See South Carolina Code 41-16-20
• 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
• Policy: means a contract of insurance. See South Carolina Code 38-1-20
• Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
• producer: means any person, including any officer, director, or owner of five percent or more of the equity or capital of any person engaged in this State in the trade, business, occupation, or profession of any one of the following:
  
  (a) buying or selling interests in real property;
  
  (b) making loans secured by interests in real property;
  
  (c) acting as broker, agent, representative, or attorney of a person who buys or sells any interest in real property or who lends or borrows money with such interest as security. See South Carolina Code 38-75-905
• Provisions of this chapter: include regulations promulgated by the Director pursuant to this chapter. See South Carolina Code 41-16-20
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Special inspector: means an inspector licensed by the Director and not employed by the department. See South Carolina Code 41-16-20
• Title insurance: means insurance of the owners of real property and other persons lawfully interested in the title insurance against loss by reason of defective titles and undisclosed liens and encumbrances affecting the property. See South Carolina Code 38-1-20