Bulletin 2019-08 - Additional Assistance for Hurricane Dorian Directly Impacted Insureds

South Carolina Department of Insurance Capitol Center 1201 Main Street, Suite 1000 Columbia, South Carolina 29201 Mailing Address: P.O. Box 100105, Columbia, S.C. 29202-3105 Telephone: (803) 737-6160 BULLETIN NUMBER 2019-08 HENRY McMASTER Governor RAYMOND G. FARMER Director TO: All Insurers, Health Maintenance Organizations, Adjusters, Producers, and other Persons Licensed and Authorized to Transact the Business of Insurance within the FROM: RE: DATE: State of South Carolina Raymond G. Farmer Director of Insurance Additional Assistance for Insureds and Covered Persons Directly Impacted by Hurricane Dorian September 6, 2019 As you are aware, the Governor declared a state of emergency due to Hurricane Dorian on August 31, 2019. Hurricane Dorian has caused damage along the coast and inland areas of South Carolina and impacted some South Carolina insureds substantially. The State of South Carolina is in the process of assisting South Carolinians directly impacted by Hurricane Dorian with the recovery from this disaster and other emergency conditions. As a part of the state's recovery efforts, this bulletin is to advise all insurers, HMOs, and other licensed or authorized entities and individuals that the Director of Insurance expects the insurance industry to work with those South Carolina citizens and businesses directly impacted to provide relief from certain insurance requirements. This relief may include, but is not limited to, the following: • . extension on premium payment deadlines; • additional time before nonrenewals or cancellations become effective; • extensions on proof of loss deadlines; • waivers of limitations relating to the use of out-of-network providers; • one early refill or replacement refill for prescription drugs; and • waiver of fees, penalties or other charges relating to an insured's temporary inability to submit premium payments or otherwise respond as a result of this disaster event. Insurers are also reminded of their obligations under Title 38 of the South Carolina Code of Laws. Insurers that do not comply with South Carolina law are subject to enforcement action in accordance with applicable South Carolina law. Any exception or relief offered to consumers as described in this bulletin will not be considered unfairly discriminatory if it is focused on providing additional consumer protections for insureds and consistently applied to all insureds that are directly impacted by this disaster event. Questions relating to this bulletin may be directed to CATinfo(@doi.sc.gov. Bulletins are the method by which the Director of Insurance formally communicates with persons and entities regulated by the Department. Bulletins are departmental interpretations of South Carolina insurance laws and regulations and provide guidance on the Department 's enforcement approach. Bulletins do not provide legal advice. Readers should consult applicable statutes and regulations or contact an attorney for legal advice or for additional information on the impact of that legislation on their specific situation.