South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. Healthcare Casualty of America, Inc.

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioner:
South Carolina Department of Insurance

Respondent:
Healthcare Casualty of America, Inc.
 
DOCKET NUMBER:
06-ALJ-09-0560-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

In the above captioned matter, Respondent Healthcare Casualty of America, Inc. (“Healthcare Casualty”) requested a contested case hearing before the South Carolina Administrative Law Court (“Court” or “ALC”) pursuant to a licensing letter issued to Healthcare Casualty by Petitioner South Carolina Department of Insurance (“Department”). The parties have now agreed to settle this contested case under the terms as set forth in the attached document entitled “Settlement Agreement.” The Settlement Agreement is incorporated herein by reference.

IT IS THEREFORE ORDERED that this contested case action is dismissed with prejudice.

AND IT IS SO ORDERED.

__________________________________ JOHN D. GEATHERS

Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731

March 19, 2007

Columbia, South Carolina


SETTLEMENT AGREEMENT

06-ALJ-09-0560-CC

WHEREAS pursuant to the licensing letter issued by the Department to Healthcare Casualty of America, Inc. on November 19, 2002, the Company was required to have one million two hundred fifty thousand ($1,250,000) dollars in capital and surplus as of December 31, 2005; and

WHEREAS on May 3, 2006, the Department issued a letter alleging, inter alia, that Healthcare Casualty failed to meet the requirements of Sections 38-90-40 and/or 38-90-50 of the Code of Laws of South Carolina 1976, as amended and notifying Healthcare Casualty of its right to a contested case hearing before the Administrative Law Court; and

WHEREAS, the Company timely requested a contested case hearing; and

WHEREAS, certain materials have been filed with the Clerk of the Administrative Law Judge Division and with the Administrative Law Judge assigned to the contested case which are confidential under one or more provisions of Title 38, Chapter 90 of the South Carolina Code of Laws; and

WHEREAS the Company acknowledges only that it failed to meet the requirements set forth in the Department’s letter of November 19, 2002 and Sections 38-90-40 and/or 38-90-50 with respect to capitalization and/or surplus; and

WHEREAS the parties wish to avoid the risks and expense of litigation, and settlement of this matter in accordance with the terms set forth herein and such further terms as the Court may direct is in the best interest of the parties and the public and is a just and equitable resolution of this matter.

NOW, THEREFORE, pursuant to the authority granted to the Director of the Department by S.C. Code Ann. 38-90-90 (2000 and Supp. 2005) and in accordance with the S.C. Administrative Procedures Act (APA) and S.C. Code Ann. § 1-23-10 et seq. the parties have agreed the Company will waive its right to a hearing and consent to the revocation of its captive insurance company license, and;

SETTLEMENT AGREEMENT

06-ALJ-09-0560-CC

IT IS FURTHER STIPULATED that the following materials are to be treated as CONFIDENTIAL pursuant to the requirements of S.C. Code Ann. 38-90-35 & S.C. Code Ann. 38-90-80(B) (2000 and Supp. 2005) by the Clerk of the Administrative Law Judge Division:

1. Attachment to the Notice of Request for Contested Case Hearing

2. Attachment to the Agency Information Sheet and Notice of Appearance

3. Agency Prehearing Statement

4. Respondent’s Prehearing Statement

The parties present these terms to the South Carolina Administrative Law Court for the entry of a Consent Order, stating that this agreement constitutes settlement of a disputed claim.

s/Geoffrey R. Bonham______ s/John P. Seibels, Jr.________________

Geoffrey R. Bonham, Esquire John P. Seibels, Jr., Esquire

South Carolina Department of Insurance Seibels Law Firm, P.A.

PO Box 100105 165 A King Street

Columbia, SC 29202-3105 Charleston, SC 29401

Attorney for Respondent

Healthcare Casualty of America, Inc.


~/pdf/060560.pdf
PDF

Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court