2012 South Carolina Code of Laws
Title 38 - Insurance
Chapter 27 - INSURERS' REHABILITATION AND LIQUIDATION ACT
Section 38-27-490 - Setoffs.

(a) Mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter must be set off and the balance only may be allowed or paid, except as provided in subsection (b) of this section and Section 38-27-520.

(b) No setoff is allowed in favor of any person where:

(1) the obligation of the insurer to the person would not at the date of the filing of a petition for liquidation entitle the person to share as a claimant in the assets of the insurer;

(2) the obligation of the insurer to the person was purchased by or transferred to the person with a view to its being used as a setoff; or

(3) the obligation of the person is to pay an assessment levied against the members or subscribers of the insurer or is to pay a balance upon a subscription to the capital stock of the insurer or is in any other way in the nature of a capital contribution.

HISTORY: Former 1976 Code Section 38-5-2190 [1982 Act. 384, Section 30] recodified asSection 38-27-490 by 1987 Act No. 155, Section 1; 1997 Act No. 68, Section 10.