Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-29D-1 Definition of terms
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Terms used in this chapter mean: (1) "Affiliate" or "affiliated," any entity or person who directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person; (2) "Underwrites" or "underwriting," …
SDCL § 58-29D-10 Insurer's ownership of administrator's records
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The insurer shall own the records generated by the administrator pertaining to the insurer. However, the administrator shall retain the right to continuing access to books and records to permit the administrator to fulfill all of its contractual obligations to insured parties, cl…
SDCL § 58-29D-11 Transfer of records to new administrator
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In the event the insurer and the administrator cancel their agreement, notwithstanding the provisions of § 58-29D-8 , the administrator may, by written agreement with the insurer, transfer all records to a new administrator rather than retain them for five years. In such cases, t…
SDCL § 58-29D-12 Advertising--Approval of insurer
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An administrator may use only such advertising pertaining to the business underwritten by an insurer as has been approved in writing by the insurer in advance of its use. Source: SL 1992, ch 352 , § 12.
SDCL § 58-29D-13 Insurer responsibility for procedures and administration of its programs--Review and audit of administrator
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If an insurer utilizes the services of an administrator, the insurer is responsible for determining the benefits, premium rates, underwriting criteria and claims payment procedures applicable to such coverage and for securing reinsurance, if any. The rules pertaining to these mat…
SDCL § 58-29D-14 Fiduciary capacity of administrator--Accounting of underwriting transactions
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All insurance charges or premiums collected by an administrator on behalf of or for an insurer or insurers, and the return of premiums received from that insurer or insurers, shall be held by the administrator in a fiduciary capacity. Such funds shall be immediately remitted to t…
SDCL § 58-29D-15 Records of deposits and withdrawals from fiduciary account
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If charges or premiums deposited in a fiduciary account have been collected on behalf of or for one or more insurers, the administrator shall keep records clearly recording the deposits in and withdrawals from the account on behalf of each insurer. The administrator shall keep co…
SDCL § 58-29D-16 Provisions in written agreement as to withdrawals from fiduciary account
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The administrator may not pay any claim by withdrawals from a fiduciary account in which premiums or charges are deposited. Withdrawals from such account shall be made as provided in the written agreement between the administrator and the insurer. The written agreement shall addr…
SDCL § 58-29D-17 SDCL 58-29D-17
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Repealed by SL 2012, ch 252 , § 37.
SDCL § 58-29D-18 Compensation of administrator
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An administrator may not enter into any agreement or understanding with an insurer in which the effect is to make the amount of the administrator's commissions, fees, or charges contingent upon savings effected in the adjustment, settlement, and payment of losses covered by the i…
SDCL § 58-29D-19 Notice of use of administrator to policyholder--Itemized charges--Disclosure of fees or commissions
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When the services of an administrator are utilized, the administrator shall provide a written notice approved by the insurer to covered individuals advising them of the identity of, and relationship among, the administrator, the policyholder, and the insurer. When an administrato…
SDCL § 58-29D-2 Administrator defined--Exceptions
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For the purposes of this chapter, an administrator or third - party administrator or TPA is a person who directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, or residents o…
SDCL § 58-29D-20 Delivery of written communications from insurer
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Any policies, certificates, booklets, termination notices, or other written communications delivered by the insurer to the administrator for delivery to insured parties or covered individuals shall be delivered by the administrator promptly after receipt of instructions from the …
SDCL § 58-29D-20.1 Annual report to employer of self-funded health benefit plan claims experience
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Any administrator for an employer self-funded health benefit plan shall provide, at the written request of the employer, annual reports of the claims experience of that employer for the immediate past policy period and for any time frame that is not more than three years prior to…
SDCL § 58-29D-21 Administrator's license or registration required
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No person may act as, or offer to act as, or hold himself out to be an administrator in this state without a valid license or registration as an administrator issued by the director. Source: SL 1992, ch 352 , § 21; SL 2001, ch 285 , § 3.
SDCL § 58-29D-22 Application by administrator--Contents--Fee
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An administrator shall apply to the director upon a form to be furnished by the director. The application shall include or be accompanied by the following information and documents: (1) All basic organizational documents of the administrator, including any articles of incorporati…
SDCL § 58-29D-22.1 Annual financial statement--Contents of application--Required audit
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Any annual financial statement or report required under § 58-29D-22 must be audited. The applicant is presumed to be solvent if the applicant has a positive net worth. If the applicant has been in existence for less than two fiscal years, the applicant shall include in the applic…
SDCL § 58-29D-23 Inspection of applicant's contracts
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The applicant shall make available for inspection by the director copies of all contracts with insurers or other persons utilizing the services of the administrator. Source: SL 1992, ch 352 , § 23.
SDCL § 58-29D-24 Denial of license
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The director may not issue a license if the director determines that the administrator, or any individual responsible for the conduct of affairs of the administrator as defined in subdivision 58-29D-22(3), is not qualified for licensure by reason of §
SDCL § 58-29D-25 Validity of license
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A license issued under this chapter shall remain valid, unless surrendered, suspended, or revoked by the director, for so long as the administrator continues in business in this state and remains in compliance with this chapter. Source: SL 1992, ch 352 , § 25.
SDCL § 58-29D-26 Conditions not requiring license
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An administrator is not required to hold a license as an administrator in this state if all of the following conditions are met: (1) The administrator has its principal place of business in another state; (2) The administrator is not soliciting business as an administrator in thi…
SDCL § 58-29D-27 Servicer of certain employee benefit plans--Exempt from licensure--Requirements
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A person is not required to hold a license as an administrator in this state if the person exclusively provides services to one or more bona fide employee benefit plans, each of which is established by an employer or an employee organization, or both, and for which the insurance …
SDCL § 58-29D-28 Notice of administrator's change in circumstance
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An administrator shall immediately notify the director of any material change in its ownership, control, or other fact or circumstance affecting its qualification for a license in this state. Source: SL 1992, ch 352 , § 28.
SDCL § 58-29D-29 Waiver of application requirements
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Upon request from an administrator, the director may waive the application requirements of § 58-29D-22 if the administrator has a valid license as an administrator issued in a state which has standards for administrators that are at least as stringent as those contained in this c…
SDCL § 58-29D-3 Insurer defined
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For the purposes of this chapter, an insurer is any person undertaking to provide workers' compensation, life or health insurance coverage in this state. An insurer includes a licensed insurance company, a prepaid hospital or medical care plan, a health maintenance organization, …
SDCL § 58-29D-30 Annual renewal of administrator--Fee--Lapse of license or registration
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Each administrator licensed or registered shall file an annual renewal for the preceding calendar year with the director on or before July first of each year, or within such extension of time as the director for good cause may grant. The renewal shall be in the form and contain s…
SDCL § 58-29D-31 Grounds for denial, suspension, or revocation of license or registration
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The application or annual renewal must be denied and the license or registration of an administrator must be suspended or revoked if the director finds that the administrator or applicant: (1) Is in an unsound financial condition; (2) Is using methods or practices in the conduct …
SDCL § 58-29D-32 Immediate suspension of license--No notice required
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The director may, in his discretion and without advance notice of hearing thereon, immediately suspend the certificate of any administrator if the director finds that one or more of the following circumstances exist: (1) The administrator is insolvent or impaired; (2) A proceedin…
SDCL § 58-29D-32.1 Notice of denial of application or renewal--Request for hearing--Hearing on suspension or revocation--Notice
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If the director denies an application or annual renewal for a license or registration, the director shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial. The applicant or licensee may make a written request to the d…
SDCL § 58-29D-33 Money penalty in lieu of suspension or revocation
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If the director finds that one or more grounds exist for the denial of an application, suspension, or revocation of a license issued under this chapter, the director may, in lieu of denial, suspension, or revocation, impose a money penalty pursuant to §
SDCL § 58-29D-34 Promulgation of rules
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The director may promulgate rules pursuant to chapter 1-26 to provide for the enforcement and administration necessary to administer this chapter. Source: SL 1992, ch 352 , § 34.
SDCL § 58-29D-4 Written agreement between administrator and insurer
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No administrator may act as such without a written agreement between the administrator and the insurer, and such written agreement shall be retained as part of the official records of both the insurer and the administrator for the duration of the agreement and for five years ther…
SDCL § 58-29D-5 Provisions of written agreement
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The written agreement shall include a statement of duties which the administrator is expected to perform on behalf of the insurer and the lines, classes, or types of insurance for which the administrator is to be authorized to administer. The agreement shall make provision with r…
SDCL § 58-29D-6 Termination of written agreement--Suspension of underwriting authority--Dispute
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The insurer or administrator may, with written notice, terminate the written agreement for cause as provided in the agreement. The insurer may suspend the underwriting authority of the administrator during the pendency of any dispute regarding the cause for termination of the wri…
SDCL § 58-29D-7 Status of payment of premiums and return premiums or claim payments to administrator
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If an insurer utilizes the services of an administrator, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured party shall be deemed to have been received by the insurer, and the payment of return premiums or claim payments forwa…
SDCL § 58-29D-8 Recordkeeping by administrator
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Every administrator shall maintain and make available to the insurer complete books and records of all transactions performed on behalf of the insurer. The books and records shall be maintained in accordance with prudent standards of insurance record keeping and must be maintaine…
SDCL § 58-29D-9 Director's access to administrator's records--Confidentiality
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The director shall have access to books and records maintained by an administrator for the purposes of examination, audit, and inspection. Any trade secrets contained in such books and records, including the identity and addresses of policyholders and certificate holders, shall b…