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KIRVEN v. CENTRAL STATES HEALTH & LIFE

No. 27403.

409 S.C. 30 (2014)

760 S.E.2d 794

Diane KIRVEN, on behalf of herself and all others similarly situated, Plaintiff, v. CENTRAL STATES HEALTH & LIFE CO., OF OMAHA, and Philadelphia American Life Insurance Company, Defendants.

Supreme Court of South Carolina.

Decided June 25, 2014.

Attorney(s) appearing for the Case

Richard A. Harpootlian , Graham L. Newman , M. David Scott , and Tobias G. Ward, Jr. , all of Columbia, for Plaintiff.

John T. Lay and Laura W. Jordan , both of Columbia, and Robert L. Harris , of Richardson, TX, for Defendants.

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...

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