Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL 32-12-52.3
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Source: SL 1990, ch 249 , § 2.
SDCL 32-12-52.4
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Source: SL 1990, ch 250 , § 2.
SDCL § 58-11-1 Premium defined
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Premium is the consideration for insurance by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or other charge in consideration for an insurance contract is deemed part of the premium. However, the premium for title insu…
SDCL § 58-11-10 Additional policy provisions--Approval of director
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A policy may contain additional lawful provisions, including reasonable policy exclusions, not inconsistent with this title, subject to the director's approval. Source: SL 1966, ch 111 , ch 22, § 18; SL 2010, ch 235 , § 1.
SDCL § 58-11-11 Charter and bylaws, inclusion as part of contract of insurance--Subscriber's agreement or power of attorney of a reciprocal insurer as part of contract
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No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer, other than the subscriber's agreement or power of attorney of a reciprocal insurer, a part of the contract unless such portion is set forth in…
SDCL § 58-11-13 Policies exempt from form provisions
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Section 58-11-12 shall not apply to surety bonds, or to specially rated inland marine risks, nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insurance upon a particular subject, or which relate to the manner of distributi…
SDCL § 58-11-14 Continuation of use of prior filings until otherwise prescribed
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Every form of insurance document and every rate or other filing lawfully in use immediately prior to July 1, 1966, may continue to be so used until the director otherwise prescribes pursuant to this title. Source: SL 1966, ch 111 , ch 22, § 13 (5).
SDCL § 58-11-15 Order of director exempting insurance documents from requirements as to form
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The director may, by order, exempt from the requirements of § 58-11-12 for so long as he deems proper, any insurance document or form or type thereof as specified in such order, to which, in his opinion, said section may not practically be applied, or the filing and approval of w…
SDCL § 58-11-16 Property, marine and transportation, casualty and surety insurance coverages--Filing of forms by rating organizations
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As to forms for use in property, marine and transportation, casualty and surety insurance coverages, the filing required by § 58-11-12 may be made by rating organizations on behalf of its members and subscribers; but this provision shall not be deemed to prohibit any such member …
SDCL § 58-11-17 Time for filing of forms--Approval or disapproval by director
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Every filing pursuant to § 58-11-12 shall be made not less than thirty days in advance of any such delivery. At the expiration of such thirty days, the form so filed shall be deemed approved unless prior thereto it has been approved or disapproved by order of the director. Approv…
SDCL § 58-11-18 Extension of time for approval or disapproval of filing by director--Notice to insurer--Approval at expiration of extended period
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The director may extend by not more than thirty days the period within which he may so approve or disapprove any such form, by giving notice to the insurer of such extension before expiration of the initial thirty - day period. At the expiration of any such period as so extended,…
SDCL § 58-11-19 Withdrawal of approval of form by director--Notice
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The director may at any time, after notice and for cause shown, withdraw any such approval. Source: SL 1966, ch 111 , ch 22, § 13 (2).
SDCL § 58-11-2 Contents of policy
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Every policy as defined by § 58-10-2 shall specify: (1) The names of the parties to the contract; (2) The subject of the insurance; (3) The risks insured against; (4) The time when the insurance takes effect and the duration thereof; (5) The premium; and (6) The conditions pertai…
SDCL § 58-11-20 Order of director disapproving form or withdrawing previous approval--Detailed statement of grounds
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Any order of the director disapproving any such form or withdrawing a previous approval shall state the grounds therefor and the particulars thereof in such detail as reasonably to inform the insurer thereof. Source: SL 1966, ch 111 , ch 22, § 13 (3).
SDCL § 58-11-21 Grounds for disapproval of form or withdrawal of previous approval
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The director shall disapprove any form filed under § 58-11-12 , or withdraw any previous approval thereof, only if the form: (1) Is in any respect in violation of or does not comply with this title; (2) Contains or incorporates by reference, where such incorporation is otherwise …
SDCL § 58-11-22 Identification of contracts issued and forms filed with director--Change in form
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All policies and annuity contracts issued, and the forms thereof filed with the director, shall have printed thereon an appropriate designating letter or figure, or combination thereof identifying the respective forms of policies or contracts. Whenever any change is made in any s…
SDCL § 58-11-23 Execution of policy by authorized representative of insurer
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Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. Source: SL 1966, ch 111 , ch 22, § 20 (1).
SDCL § 58-11-24 Facsimile signature used on policy
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A facsimile signature of any such executing individual may be used in lieu of an original signature. Source: SL 1966, ch 111 , ch 22, § 20 (2).
SDCL § 58-11-25 Unauthorized facsimile signature does not invalidate policy--Estoppel by issuance of surety bond with facsimile signature
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No insurance contract heretofore or hereafter issued and which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of th…
SDCL § 58-11-26 Underwriters' policy--Joint and several liability--True name of insurer
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Two or more authorized insurers may, with the director's approval, jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policy shall plainly…
SDCL § 58-11-27 Combination policy--Contents
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Two or more insurers may, with the approval of the director, issue a combination policy which shall contain provisions substantially as follows: (1) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms …
SDCL § 58-11-28 Underwriters' and combination policies provisions do not apply to cosurety obligations
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Sections 58-11-26 and 58-11-27 shall not apply to cosurety obligations. Source: SL 1966, ch 111 , ch 22, § 21 (3).
SDCL § 58-11-29 Binders or other contracts for temporary insurance--Terms--Fraudulent statement as misdemeanor
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Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded …
SDCL § 58-11-3 Statement of basis and rates for determination of premium included in policy
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If under the policy, the exact amount of premium is determinable only at stated intervals or at termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included. Source: SL 1966, ch 111 , ch 22, § 16 (2).
SDCL § 58-11-30 Duration of binder
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No binder shall be valid beyond the issuance of the policy with respect to which it was given, or beyond ninety days from its effective date, whichever period is the shorter. Source: SL 1966, ch 111 , ch 22, § 24 (2).
SDCL § 58-11-31 Extension or renewal of binder--Approval of director
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If the policy has not been issued a binder may be extended or renewed beyond such ninety days with the written approval of the director, or in accordance with such rules and regulations relative thereto as the director may promulgate. Source: SL 1966, ch 111 , ch 22, § 24 (3).
SDCL § 58-11-32 Binder provisions do not apply to life or health insurance
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Sections 58-11-29 to 58-11-31 , inclusive, shall not apply to life or health insurances. Source: SL 1966, ch 111 , ch 22, § 24 (4).
SDCL § 58-11-33 Delivery of policy--Payment of premium--Insured not meeting condition required by insurer
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Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance except where a condition required by the insurer has not been met by th…
SDCL § 58-11-34 Insurance of motor vehicle sales contracts, copy of policy delivered to vendee, mortgagor, or pledgor, contents--Inapplicable to inland marine floater policies
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In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to such vehicle is insured, a dupl…
SDCL § 58-11-35 Renewal or extension of policy at option of insurer
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Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor, for additional periods by …
SDCL § 58-11-36 Assignment of policies
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A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or health policy, whether heretofore or hereafter issued, under the terms of which the beneficiary may be changed upon the sole request of the insured …
SDCL § 58-11-37 Policy not complying with statutory form--Validity--Construction
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A policy delivered or issued after June 30, 1966, for delivery to any person in this state in violation of this title, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in this title. Source: SL 1966, ch 111 , ch 22, § 22 (1).
SDCL § 58-11-38 Policy, rider, or endorsement containing condition, omission or provision not in compliance with requirements--Validity--Construction
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Any insurance policy, rider, or endorsement issued after June 30, 1966, and otherwise valid which contains any condition, omission or provision not in compliance with the requirements of this title, shall not be thereby rendered invalid but shall be construed and applied in accor…
SDCL § 58-11-39 Construction of insurance contract--Terms and conditions--Modification by rider, endorsement, or application made part of policy
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Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application lawfully made a part of the policy. Source: SL 1966, ch 111 , ch 22, § 23…
SDCL § 58-11-4 Contents of policy--Exemption of surety contracts or group insurance policies
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Sections 58-11-2 and 58-11-3 shall not apply to surety contracts or to group insurance policies. Source: SL 1966, ch 111 , ch 22, § 16 (3).
SDCL § 58-11-40 Application for life or health insurance as evidence--Annuity contract--Copy made a part of policy--Inapplicable to industrial life policy
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No application for the issuance of any life or health insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy or contract w…
SDCL § 58-11-41 Application for reinstatement or renewal of life or health insurance--Copy requested by insured--Effect of noncompliance by insurer
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If any policy of life or health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shal…
SDCL § 58-11-42 Alteration of application for life or health insurance--Written consent of applicant--Insertions by insurer
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No alteration of an application for any life or health insurance policy shall be made by any person other than the applicant without the applicant's written consent. However, insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate th…
SDCL § 58-11-43 Application for insurance other than life or health--Use as evidence--Failure to furnish copy to insured
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As to kinds of insurance other than life or health insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, …
SDCL § 58-11-44 Application for insurance or annuity--Statements by insured deemed representations--Omissions, concealment, and incorrect statements preventing recovery
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All statements and descriptions in any application for an insurance policy, certificate, or annuity contract, by or on behalf of the insured or annuitant, shall be deemed to be representations and not warranties. No misrepresentation, omission, concealment of fact, or incorrect s…
SDCL § 58-11-44.1 Unanswered questions no basis for denial of recovery unless insurer demanded answers
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Questions on an application for a life or health insurance policy or annuity contract which are not answered shall not serve as a basis for denying recovery pursuant to subdivisions 58-11-44(1) to (3), inclusive, unless the insurer challenges the same and demands an answer within…
SDCL § 58-11-44.2 Requests for information and actions based on applicant's failure to meet insurer's underwriting requirements permissible
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Nothing in § 58-11-44 prohibits an insurer or an insurer's representative from: (1) Requesting information from an applicant for the purpose of determining that applicant's insurability; or (2) Underwriting an application or declining coverage based upon that applicant's failure …
SDCL § 58-11-45.1 Reporting agencies and persons listed with director
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The director of the Division of Insurance may require companies issuing policies to which §§ 58-11-45 to 58-11-54 , inclusive, are applicable to file with him the names and addresses of reporting agencies or persons of the nature described in § 58-11-45.3 and the geographical are…
SDCL § 58-11-45.2 Applicant for liability insurance not to be prejudiced by false reports
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No applicant for insurance seeking a policy for coverage of a motor vehicle as that term is defined in subdivision 58-11-45(5) shall be disadvantaged in his attempt to secure proof of financial responsibility required by chapter 32-35 by reason of any false, mistaken, or maliciou…
SDCL § 58-11-45.3 Informant to be identified if insurance refused--Violation as misdemeanor
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If an applicant for such insurance has made a full disclosure to the insurance producer of the insurer in response to the insurance producer's inquiry and the application is tendered with premium, the insurer, if it fails or refuses to issue the policy based upon information othe…
SDCL § 58-11-46 Notice of cancellation of automobile policy--Reasons for cancellation
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A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (1) Nonpayment of premium; (2) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same hous…
SDCL § 58-11-47 Reasons for cancellation not applicable to automobile policy in effect less than sixty days--Application of notice provisions to policies
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The provisions of § 58-11-46 do not apply to any policy or coverage that has been in effect less than sixty days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy. The notice provisions of § 58-11-49 apply to any policy for whi…
SDCL § 58-11-48 Modification of automobile physical damage coverage not deemed cancellation
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Modification of automobile physical damage coverage by the inclusion of a deductible not exceeding one hundred dollars shall not be deemed a cancellation of the coverage or of the policy. Source: SL 1968, ch 138 , § 2 (C).
SDCL § 58-11-49 Time for mailing or delivery of notice of cancellation of automobile policy--Provision for statement of reason for cancellation
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No notice of cancellation of an insurance policy specified in § 58-11-46 is effective unless mailed or delivered by the insurer to the named insured at least twenty days before the effective cancellation date. However, if cancellation is for nonpayment of premium the insurer shal…
SDCL § 58-11-5 Standard or uniform provisions of insurance contracts--Waiver of required use by director
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Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this title pertaining to contracts of particular kinds of insurance. The director may waive the required use of a particular provision in a particular insurance p…