Prudential Property & Casualty Co. v. Insurance Commission

WILKINS, District Judge.

This is an action tried without a jury in which Plaintiff seeks monetary damages and declaratory relief based upon a broad challenge to the constitutionality of the Plan of Operation by which profits and losses of the South Carolina Reinsurance Facility are apportioned among the members of the Facility. Plaintiff argues that the Facility’s Plan of Operation should be declared null and void because it violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment and contravenes Sections 38-37-730 and 38-37-950 of the South Carolina Code of Laws.…