Kirven v. Central States Health & Life Co.

CERTIFIED QUESTIONS ANSWERED

Justice KITTREDGE.

We certified the following questions from the United States District Court for the District of South Carolina:

1. Can the definition of “actual charges” contained within S.C.Code Ann. Section 38-71-242 be applied to insurance contracts executed prior to the statute’s effective dates?

2. Can the South Carolina Department of Insurance mandate the application of “actual charges” definition in S.C.Code Ann. Section 38-71-242 to policies already in existence on the statute’s effective dates by prohibiting an insurance company from paying claims absent…