South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
State Farm Fire and Casualty Insurance Company vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
State Farm Fire and Casualty Insurance Company

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
98-ALJ-09-0423-CC

APPEARANCES:
Karen F. Terry, F.C.A.S., M.A.A.A. Gwendolyn L. Fuller, Esq.
State Farm Fire and Casualty General Counsel

Hana Pokorna-Williamson, Esq.
Staff Attorney
South Carolina Department of Consumer Affairs
 

ORDERS:

CONSENT ORDER

1. On July 7, 1998, Philip S. Porter, Consumer Advocate for the State of South Carolina (the Consumer Advocate) requested the South Carolina Department of Insurance (the Department) to initiate a public hearing on the filing of State Farm Fire and Casualty Insurance Company (the Company) requesting an approval of an increase of +13.9% in its homeowners insurance rates and coverages.

2. The Administrative Law Judge Division assigned this matter to the Honorable John D. Geathers under the Docket No. 98-ALJ-09-0423-CC. The hearing on the matter was initially scheduled for September 22, 1998 and then rescheduled for October 15, 1998.

3. On October 9, 1998, the Honorable John D. Geathers issued an Order of Continuance and an Order of Recusal. On the same day the Honorable Marvin F. Kittrell, Chief Administrative Law Judge, issued an order which reassigned the matter to the Honorable Stephen P. Bates. No new hearing has been set yet, but the parties have agreed that the hearing would take place in late December 1998 or early January 1999.

4. Meanwhile, the Consumer Advocate requested additional information from the Company. In ensuing discussions with the Company the Consumer Advocate expressed his concerns that the proposed changes in rates and coverages in coastal areas of South Carolina would result in rates that would be excessive and unfairly discriminatory. The Company subsequently proposed modifications to its original filing.

5. Having carefully considered the proposed modifications, the Consumer Advocate no longer believes that the filing will result in rates that are excessive, inadequate or unfairly discriminatory, and now withdraws his original request for a hearing in this matter.



6. The Company's original filing is modified in the following respects:

(a) The Company will not implement a 5% hurricane deductible in coastal areas

15, 16, 27, 28 and 29 for all forms but instead will implement a 2%

hurricane deductible in all coastal areas for all forms. The Company will also make available an option to the insureds to purchase a 5% deductible at a discount and

in zones 27, 28, and 29 will make available an option for a $500 [35 & 36 (inserted)]

deductible for an additional charge.

(b) The Company will cap the combined rate and coverage effect in coastal areas

at a maximum of 25%.

(c) The Company will make no changes in its original filing for the non-tenant

inland rates and coverages and for the tenant rates.

(d) The overall statewide rate impact of the filing changes from 6.5% to 6.3% for

non-tenant coverages and from 6.3% to 6.2% for all coverages combined.

(e) The overall statewide rate and coverage impact of the filing changes

from 13.9% to 10.8% for non-tenant coverages and from 13.6% to 10.5%

for all coverages combined.

7. There are no unresolved issues remaining; therefore, all parties agree to the

dismissal of this matter.

NOW, THEREFORE, the above reference matter is dismissed.

IT IS SO ORDERED.



________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

November 30, 1998

Columbia, South Carolina



















WE CONSENT:





__________________________________ __________________________________

Karen F. Terry, F.C.A.S., M.A.A.A. Gwendolyn L. Fuller, Esq.

State Farm Fire and Casualty General Counsel

Insurance Company South Carolina Department

One State Farm Plaza of Insurance

Bloomington, IL 61710-0001 P.O. Box 100105

Columbia, SC 29202-6160





_________________________________

Hana Pokorna-Williamson, Esq.

Staff Attorney

South Carolina Department of

Consumer Affairs

P.O. Box 5757

Columbia, SC 29250-5757


Brown Bldg.

 

 

 

 

 

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