March 2015
Statutory interpretation
S.C. Code Section 38-71-46, which mandates coverage for diabetes educational training in certain health insurance policies, does apply to the State Health Plan.
Allen v. SC Public Employee Benefit Authority, Op. No. 27504 (S.C. Sup. Ct. filed March 4, 2015) (Shearouse Adv. Sh. No. 9 at 23).
June 2014
Actual charges
The definition of “actual charges” contained within S.C. Code Ann. Sec. 38-71-242 cannot be applied to insurance contracts executed prior to the statute’s effective dates.
Kirven v. Central States, Op. No. 27403 (S.C. Sup. Ct. filed June 25, 2014) (Shearouse Adv. Sh. No. 25 at 15).
Actual charges
The S.C. Department of Insurance cannot mandate the application of the “actual charges” definition in S.C. Code Ann. Sec. 38-71-242 to policies already in existence on the statute’s effective dates by prohibiting an insurance company from paying claims absent the application of that definition.
Kirven v. Central States, Op. No. 27403 (S.C. Sup. Ct. filed June 25, 2014) (Shearouse Adv. Sh. No. 25 at 15).
January 2014
Service of process
An insurance policy that provides for a method of service of process, other than that set forth in S.C. Code Section 15-9-270, is valid and binding on insurers.
White Oak Manor, Inc. v. Lexington Insurance Co., Op. No. 27351 (S.C. Sup. Ct. filed January 15, 2014) (Shearouse Adv. Sh. No. 2 at 77).