Title 58, INSURANCE

In the case of a policy providing an amount of insurance varying with duration of the policy, the equivalent uniform amount thereof for the purpose of §§ 58-15-35 to 58-15-38 , inclusive, shall be deemed to be the uniform amount of insurance provided by an otherwise similar polic…

The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to: (1) The adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increased during the period f…

Except as otherwise provided in §§ 58-15-43.1 to 58-15-43.11 , inclusive, all adjusted premiums and present values referred to in §§ 58-15-31 to 58-15-43 , inclusive, shall for all policies of ordinary insurance be calculated on the basis of the commissioner's 1958 standard ordin…

Any cash surrender value and any paid - up nonforfeiture benefit, available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary, shall be calculated with allowance for the lapse of time and the payment of fractional p…

No policy of life insurance, other than group and pure endowments with or without return of premiums or of premiums and interest, shall be delivered or issued for delivery in this state unless it contains in substance all of the applicable provisions required by §§ 58-15-7 to 58-…

Notwithstanding the provisions of § 58-15-33 , additional benefits payable in the event of death or dismemberment by accident or accidental means, in the event of total and permanent disability, as reversionary annuity or deferred reversionary annuity benefits, as term insurance …

The provisions of §§ 58-15-31 to 58-15-43 , inclusive, do not apply to any reinsurance; group insurance; pure endowment; annuity or reversionary annuity contract; term policy of uniform amount, which provides no guaranteed nonforfeiture or endowment benefits, or renewal thereof, …

After July 1, 1966, any company could file with the director a written notice of its election to comply with the provisions of §§ 58-15-31 to 58-15-43 , inclusive, after a specified date before January 1, 1967. After the filing of such notice, then upon such specified date, which…

Sections 58-15-31 to 58-15-43 , inclusive, shall be known as the standard nonforfeiture law for life insurance. For purposes of §§ 58-15-31 to 58-15-43 , the operative date of the valuation manual is January first of the first calendar year that the valuation manual, as defined i…

Sections 58-15-43.1 to 58-15-43.11 , inclusive, apply to all policies issued on or after July 1, 1982. Except as provided in § 58-15-43.7 , the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums …

Notwithstanding any other provision in this code to the contrary, any refiling of nonforfeiture values or their methods of computation for any previously approved policy form which involves only a change in the interest rate or mortality table used to compute nonforfeiture values…

After July 1, 1982, any insurer may file with the director of the Division of Insurance a written notice of its election to comply with the provisions of §§ 58-15-43.1 to 58-15-43.11 , inclusive, after a specified date before January 1, 1989, which shall be the effective date of …

In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on then estimates of future experience, or in the case of any plan of life insurance which is of such a nature that minimum va…

This section, in addition to all other applicable sections of this chapter, applies to all policies issued on or after January 1, 1986. Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary shall be in an am…

The nonforfeiture net level premium is equal to the present value, at the date of issue of the policy, of the guaranteed benefits provided for by the policy divided by the present value, at the date of issue of the policy, of an annuity of one per annum payable on the date of iss…

In the case of a policy which causes, on a basis guaranteed in the policy, unscheduled changes in benefits or premiums, or which provides an option for changes in benefits or premiums other than a change to a new policy, the adjusted premiums and present values shall initially be…

Except as otherwise provided in § 58-15-43.7 , the recalculated future adjusted premiums for any such policy shall be such uniform percentage of the respective future premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impai…

The additional expense allowance, at the time of the change to the newly defined benefits or premiums, is the sum of one percent of the excess, if positive, of the average amount of insurance at the beginning of each of the first ten policy years subsequent to the change, over th…

The recalculated nonforfeiture net level premium is equal to the result obtained by dividing (A) by (B) if (A) equals the sum of the nonforfeiture net level premium applicable prior to the change times the present value of an annuity of one per annum payable on each anniversary o…

Notwithstanding any other provisions of §§ 58-15-43.1 to 58-15-43.11 , inclusive, to the contrary, in the case of a policy issued on a substandard basis which provides reduced graded amounts of insurance so that, in each policy year, the policy has the same tabular mortality cost…

All adjusted premiums and present values referred to in §§ 58-15-31 to 58-15-43 , inclusive, are calculated for all policies of ordinary insurance on the basis of the commissioner's 1980 standard ordinary mortality table or, at the election of the insurer, for any one or more spe…

The nonforfeiture interest rate is: (1) For policies issued prior to the operative date of the valuation manual, the nonforfeiture interest rate per annum for any policy issued in a particular calendar year is equal to one hundred twenty-five percent of the calendar year statutor…

No insurer may knowingly deliver or issue for delivery in this state any life insurance policy that purports to be issued or to take effect as of a date more than six months before the application therefor was made, if thereby the premium on the policy is reduced below the premiu…

No policy of life insurance may be delivered or issued for delivery in this state if it contains any provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status. However, a policy may contain…

A policy which contains any exclusion or restriction pursuant to § 58-15-45 shall also provide that in the event of death under the circumstances to which any such exclusion or restriction is applicable, the insurer will return all premiums received under the policy with adjustme…

No policy of life insurance may be delivered or issued for delivery in this state if it contains any provision to the effect that the insurance producer soliciting the insurance or annuity is the insurance producer of the person covered under such contract, or making the acts or …

No policy of life insurance shall be delivered or issued for delivery in this state if it contains any provision that the contract is to be construed according to the laws of any other state or country. Source: SL 1966, ch 111 , ch 23, § 26 (1) (c).

No policy of life insurance shall be delivered or issued for delivery in this state if it contains any provision that the rights and obligations of the insured or any person claiming under such contract are to be governed by any other than the laws of this state. Source: SL 1966,…

Section 58-15-4 shall not apply to annuity contracts nor to any provision of a life insurance policy, or contract supplemental thereto, relating to health benefits or to additional benefits in the event of death by accident or accidental means. Source: SL 1966, ch 111 , ch 23, § …

No policy of life insurance shall be delivered or issued for delivery in this state if it contains any provision depriving the courts of this state of the jurisdiction of any action at law or in equity against the insurer. Source: SL 1966, ch 111 , ch 23, § 26 (1) (e).

No policy of life insurance shall be delivered or issued for delivery in this state if it contains any provision limiting the time within which an action at law or in equity may be commenced on such a policy to less than six years after the cause of action shall accrue. Source: S…

The provisions of §§ 58-15-45 to 58-15-51 , inclusive, do not apply to health insurance, reinsurance, or annuities. The provisions of §§ 58-15-46 to 58-15-51 , inclusive, do not apply to group life or to any provision in a life insurance policy or contract supplemental thereto re…

Nothing contained in §§ 58-15-45 to 58-15-51 , inclusive, shall prohibit any provision which in the opinion of the director is more favorable to the policyholder than a provision permitted by said sections. Source: SL 1966, ch 111 , ch 23, § 26 (4).

No policy of industrial life insurance shall contain any provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other insurance from the same insurer. Source: SL 1966, ch 111 , ch 23, § 27 (1).

No policy of industrial life insurance shall contain any provision giving the insurer the right to declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has received institutional, hospital, medical, or surgic…

No policy of industrial life insurance shall contain any provision giving the insurer the right to declare the policy void because the insured has been rejected for insurance, unless such right be conditioned upon a showing by the insurer that knowledge of such rejection would ha…

No annuity or pure endowment contract, other than reversionary, survivorship, or group annuities and except as stated herein or in § 58-15-58 , shall be delivered or issued for delivery in this state unless it contains in substance each of the provisions specified in §§ 58-15-59 …

Section 58-15-57 shall not apply to contracts for deferred annuities included in, or upon the lives of beneficiaries under, life insurance policies. Source: SL 1966, ch 111 , ch 23, § 18 (2).

In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that the contract shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the contract…

Every individual annuity contract, excluding variable annuity contracts, issued for delivery in South Dakota on or after July 1, 1978, by an insurance company or fraternal benefit society, shall have printed on or attached to the annuity contract, a notice stating in substance th…

An insurance company or fraternal benefit society shall issue policies in this state for which an examination period is required in accordance with one of the following methods: (1) If the policy is delivered by an insurance producer, a receipt shall be signed by the policyowner …

Any provisions or portions of §§ 58-15-7 to 58-15-29 , inclusive, not applicable to single premium or term policies shall to that extent not be incorporated therein. Source: SL 1966, ch 111 , ch 23, § 3 (2).

In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that if the age or sex of the person upon whose life the contract is made, or if any of them has been misstated, the amount payable or benefits accruing…

If any statements, other than those relating to age, sex, and identity are required as a condition to issuing an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, and subject to § 58-15-60 , there shall be a provision that the contract…

In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that there shall be a period of grace of not less than thirty days, within which any stipulated payment to the insurer falling due after the first payme…

If an annuity or pure endowment contract, other than reversionary, survivorship, or group annuity, is participating, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the contract. Source: SL 1966, ch 111 , ch 23,…