Property & Casualty
Emergency Regulation 69-77 & Summary
Emergency Order No. 2015-EO-001
FAQs: Emergency Regulation 69-77
Questions? Email CATinfo@doi.sc.gov
**1/5/16: Additional Reporting Dates Added to Catastrophe Claims Data Call Issued October 13, 2015**
Notices & Data Call Spreadsheet Available on Data Calls Sub-page
To view information relative to data calls issued to P&C insurers, please visit the new Data Calls sub-page by clicking here.
Statutes & Regulations
Bulletins & Positions
SERFF P&C Filing Set Up Tutorial
Product Line Table (Updated 01/12/2016 to add Cyber Liability SubTOIs)
Filing Type Table
Actuarial Exhibits and Tutorials for Rate Filings (Exhibits & Tutorials Updated 10/28/2015)
The following instructions and checklists are intended to be used as a tool by the insurer to properly prepare and submit filings to the South Carolina Department of Insurance. Please know that improper and/or incomplete filings will result in a rejection or disapproval of the filing.
All rate, rule and/or form filings must be submitted via the State Electronic Rate Form Filing system (SERFF). For more information please contact SERFF at 1-816-783-8787 or by e-mail at firstname.lastname@example.org. Insurers needing additional information about SERFF may visit www.serff.com/.
Filings must be submitted by insurer and by line of business.
The South Carolina Department of Insurance will review filings for compliance; however it remains the responsibility of the insurer to adhere to all applicable federal and State of South Carolina insurance laws, regulations and policies.
Highlights of Insurance Statutes:
Definitions - SC Code Section 38-1-20
Property, Casualty, Inland Marine, Surety Rates and Rate-making Organizations - Title 38, Chapter 73
Property, Casualty, and Title Insurance Generally - Title 38, Chapter 75
Automobile Insurance - Title 38, Chapter 77
Exempt Commercial Policies - Regulation 69-64*
*Note: Insurers establishing rates and rules for an exempt product must still comply with the law. The fact that a filing may be "Exempt" simply means that it does not need to be filed; the laws still apply. The Department recommends that a filing be prepared and maintained by the insurer in a file that we refer to as a "Desk File". When conducting examinations, the Department may ask for such a file. Also, from time to time, the Department may survey insurers concerning rate levels. Filings made to the Department will be stamped "Exempt". This is to indicate that the Department did receive the filing. Please see Regulation 69-64 for additional detail.
Highlights for Bulletins:
- Bulletin 2004-08: ALIR Registration
- Bulletin 2004-09: P&C Modernization Act
- Bulletin 2004-12: Credit Scoring and Underwriting for Property and Casualty Insurance
- Bulletin 2006-03: UM/UIM Coverage Requirements and Form
- Bulletin 2006-08: Administrative and Policy Fees
- Bulletin 2007-05: Cancellation and Non-Renewal Notice Requirements
- Bulletin 2007-10: Cancellation and Non-Renewal Notice Requirements
- Bulletin 2007-15: Implementation Requirements for Mitigation Discounts & Credits
- Bulletin 2007-16: Notice Forms – Mitigation Discounts and Credits
- Bulletin 2009-18: Workers’ Compensation Loss Cost and Loss Cost Multiplier Filing Requirements
- Bulletin 2009-22: Retaliatory Fees
- Bulletin 2013-02: Data Call for Statistical Information for Private Passenger Automobile and Homeowners Insurance Coverage
- Bulletin 2013-11: Service and Policy Fees
- Bulletin 2014-03: The Use of Hurricane Catastrophe Models in Property Insurance Ratemaking
- Bulletin 2014-08: Competitive Insurance Act
- Order 2014-06: Rates for Credit Property Insurance Sold in Conjunction with Loans Subject to 1966 S.C. Act No. 988 - Approved Rate for 2015 Basic Statistical Plan
- Order 2015-01: Renewal of the South Carolina Wind and Hail Underwriting Association (Wind Pool) Territory Expansion
Highlights for Positions:
- Typos, Effective Date Changes - If a carrier requests a filing be re-opened to make a non-substantial change, such as typo correction or a change in the effective date, the original filing can be re-opened. Contact the analyst assigned to the filing to coordinate this action. If a carrier makes a filing to make a non-substantial change, such as typo correction or a change in the effective date, the original state tracking number must be referenced in the filing.
- Adoption/Delay Adoption Filings - Except in the case of workers' compensation loss costs, the law does not require these filings be made. The original filing is made by a rating organization and subject to approval provisions. These filings, if submitted, will be treated as exempt.
- Optional Fee Schedules - Optional fees are subject to the limitations and filing requirements set forth in Bulletins 2006-08, 2007-11 and 2013-11.
- Mortgage Guaranty - Mortgage guaranty filings are considered exempt under Regulation 69-64.
- Fire Protection Classes - The Department permits the use of proprietary/rating organizations' fire protection classes. The fire protection classes must be filed with the Department and approved prior to use.
- Scheduled Debits and Credits - Schedule debits may not exceed a maximum of 25% of the standard rate nor shall schedule credits exceed 40% of the standard rate. For workers' compensation, the maximum credit or debit is 25%.
- Waiver of Premium Refund – An insurer may file to waive a return premium that is less than a specified amount, but that amount must be refunded to the insured upon request.
- Rate Tiers - The Department allows the use of rate tiering. Separate tiers within one company must be filed with the Department. The tiers must be mutually exclusive if filed within one company.
- Rate Capping – A one-term cap may be approved to limit policyholder disruption, but the manual rate must be achieved when the cap is removed at the next policy renewal. A transition plan is another form of rate capping, which may be approved as a transition from one rating plan to another rating plan over a period of time (no more than 3 years).
- Multiple Rating or Rule Plans – Rates or Rule that create different rates for risks with the same rating characteristics are not acceptable as they are considered unfairly discriminatory. The Department may approve a transition plan to temporarily limit renewal disruption caused by a rating or rule plan change.
Credit Scoring / Insurance Score:
Credit scoring may be used in underwriting and in rating of policies. If used in rating, the specific criteria used in calculating the credit score must be filed with the Department and the filing must include loss experience justifying the applicable surcharge or credit.
The following requirements will be imposed upon insurers that intend to use credit scoring:
1. credit scoring will not be allowed as the sole factor upon which any insurer makes its decision not insure an individual risk,
2. credit scoring may be used to rate individual insureds among tiers,
3. the Department will require the individual insurers, as part of their rate filings, include listings of factors used to score individual risks, the methodology used to develop each factor and the weights given to each factor,
4. any filer may request that its data be kept proprietary as a commercially-valuable trade secret and designate parts or all of its filings accordingly. The Department, absent court order, will not release information which is filed on a proprietary basis. Section 30-4-40(1),
5. each insurer must justify, by appropriate actuarial data, each tier's rate for both liability and physical damage as separate calculations,
6. no hit/no score factors should be equal to the average policyholder’s score (the intent of this rule is to set the no hit/no score factor to the same level as for the average policyholders’ score in the insurer’s book of business, such that the factor being applied to the no hit/no score level is treated as if insurance risk score did not apply), and
7. insureds may request the ordering of a new score every twelve months.
Automobile Specific Positions:
Paintless Dent Repair - It is the Department’s position that insurers should not limit payment based upon repair method such as “Dentless Repair.”
Diminution of Value - The Department allows this to be excluded.
Expense Constants – As long as a policy fee is not being charged, expense constants are allowed as long as they become part of the premium charged.
ID Cards – Should include at least the insurer’s name, insured’s name, policy number, policy term, VIN, and coverage information or a statement that coverage meets the State’s minimum financial responsibility requirements.
Declarations Page – Insurer name, address, and phone number are required on the front of the Declarations page unless such information is provided on the front of the insurer’s policy contract.
Hurricane models approved for use in South Carolina: (Updated 01/12/2016)
- AIR Atlantic Tropical Cyclone Model versions:
- ARA HurLoss version. 6.0 (only if criteria in SC Bulletin 2014-03 met - see Footnote 2, Page 3)
- EQECAT WORLDCATenterprise versions:
- EQECAT Risk Quantification and Engineering version 14
- RMS RiskLink version 11.0 SP3a
If a company is using an unapproved model, then it will need to provide the following:
- Explanation of why the company is using the selected model
- Differences between the approved and selected model
- Impact of the model selection on loss costs and indication calculation
- Approval and expiration dates set by the Florida Commission on Hurricane Loss Projection Methodology
Actuarial Exhibits for Rate Filings
The following exhibits have been prepared as a part of the Department's speed to market initiative. These exhibits are based on acceptable rating methodologies and represent the data elements the Department relies upon in the review of P&C rate filings. Carriers that submit this information will greatly reduce the reivew time for their filings.
- Automobile (Updated 10/28/2015)
- Property (Updated 10/28/2015)
- Workers Compensation (Updated 08/2013)
- All Other Lines (Updated 10/28/2015)
Tutorials for Rate Filings
- INT Exhibit Tutorial (New! Added 10/28/2015)
- SUM Exhibit Tutorial (New! Added 10/28/2015)
- RLI Exhibit Tutorial (New! Added 10/28/2015)
- EXP Exhibit Tutorial (New! Added 10/28/2015)
- TRD Exhibit Tutorial (New! Added 10/28/2015)
- CAT Exhibit Tutorial (New! Added 10/28/2015
- UW Exhibit Tutorial (New! Added 10/28/2015)
- OB Exhibit Tutorial (New! Added 10/28/2015)
- VAR Exhibit Tutorial (New! Added 10/28/2015)
- PI Exhibit Tutorial (New! Added 10/28/2015)
- NEW Exhibit Tutorial (New! Added 10/28/2015)
- Credit Related Filing Form
- Form 2007-A, Loss Cost Multiplier Worksheet
- Consent to Rate Application & Sample Completed Application (Updated 09/2015)
- Form 39-1A, Drug & Alcohol-Free Workplace Premium Credit Program Application (Revised 10/2014 to comply with 2014 SC Act No. 197)