Skip Navigation

 Filing Instructions

 

 

Summary

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 on SERFF, please call 1-816-783-8787 or e-mail  serffmktg@naic.org.  Additional information is also available by visitng  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 South Carolina insurance laws, regulations and policies.

Back to the Top

Statutes and Regulations

Highlights

    • Definitions
      SC Code Section 38-1-20 
    • Property, Casualty, Inland Marine, and Surety Rates and Rate-making Organizations
      Section 38, Chapter 73
    • Property, Casualty, and Title Insurance Generally
      Section 38, Chapter 75
    • Automobile Insurance
      Section 38, Chapter 77
    • Regulation 69-64 –Exempt Commercial Policies
      I
      nsurers establishing rates and rules for a 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.

Back to the Top

 

Bulletins and Positions 

 

Highlights for Bulletins

Highlights for Positions

  • Filing Requirements for miscellaneous filings:
        • 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 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 - 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 should be made in accordance with Bulletin 2006-08.
           
        • Mortgage Guaranty - Mortgage guaranty filings are considered exempt under Regulation 69-64.
  • Fire Protection Classes
    The use of fire protection classes other than ISO is not permitted.
     
  • 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%.
     
  • 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 Rules 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 1.00,
       
    7. Insureds may request the ordering of a new score every twelve months.
       
  • Waiver of Premium Refund
    An insurer may file to waive a return premium under a certain amount, but that amount must be refunded to the insured upon request.
     
  • 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.

 

Back to the Top
 

 

Actuarial Exhibits and Forms

 

Actuarial Exhibits

 

The following exhibits have been prepared in coordination with the National Association of Insurance Commissioners (NAIC), internal and consulting actuaries, and industry product and pricing managers.  These exhibits are based on acceptable rating methodologies and serve as a step to our speed to market initiative.  Therefore, carriers that submit this information will reduce the processing time for their filing reviews. 

 

If you receive a dialog box asking for a password when opening the documents below, cancel the dialog box and the document will open.

 

 

Forms

 

Back to the Top