Title 58 — INSURANCE

The provisions of §§ 58-30-184 and 58-30-185 do not abrogate or modify any existing statutory or common law privileges or immunities. Source: SL 2001, ch 286 , § 46.

Any documents, materials, or other information in the control or possession of the Division of Insurance that is furnished by the insurer, insurance producer, or an employee or agent thereof acting on behalf of the insurer or insurance producer, or obtained by the director in an …

Neither the director nor any person who received documents, materials, or other information while acting under the authority of the director may testify in any private civil action concerning any confidential documents, materials, or information subject to §

In order to assist in the performance of the director's duties under §§ 58-30-141 to 58-30-195 , inclusive, the director may: (1) Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to § 58-30-18…

No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information occurs as a result of disclosure to the director under §§ 58-30-180 to 58-30-192 , inclusive, or as a result of sharing as authorized in §

Nothing in §§ 58-30-141 to 58-30-195 , inclusive, prohibits the director from releasing final orders, including for cause terminations that are open to public inspection pursuant to Title 58 and chapters 1-26 and 1-27 , to a database or other clearinghouse service maintained by t…

An insurer, the authorized representative of the insurer, or insurance producer that fails to report as required under the provisions of §§ 58-30-141 to 58-30-195 , inclusive, or that is found to have reported with actual malice by a court of competent jurisdiction may, after not…

An insurance producer shall report to the director any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of…

Within thirty days of the initial pretrial hearing date, an insurance producer shall report to the director any felony criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting fro…

The director may promulgate rules pursuant to chapter 1-26 to provide for: (1) Qualifications for licensure; (2) Exceptions to licensure; (3) Application for licensure; (4) Rights and obligations of licensure; (5) Temporary licenses; (6) Nonresident licensing; (7) Denial, nonrene…

No insurance producer may attempt to influence a witness to decline to testify or to testify falsely or withhold any testimony, information, document, or thing in any examination or investigation by the division or hearing pursuant to Title 58 if the insurance producer has prior …

Terms used in this section and §§ 58-30-198 to 58-30-208 , inclusive, mean: (1) "Director," the director of insurance; (2) "Endorsee," an unlicensed employee or agent of a rental car agent who offers, sells, or solicits rental car insurance and meets the requirements of §§ 58-30-…

For the purposes of §§ 58-30-197 to 58-30-208 , inclusive, rental car insurance is insurance offered, sold, or solicited in connection with and incidental to the rental of rental cars, other than waiver of the rental car company's right of indemnity for damages to the rental car,…

No rental car company, and no officer, director, employee, or agent of a rental car company, may offer, sell, or solicit the purchase of rental car insurance unless the person is licensed as an insurance producer or there has been compliance with the requirements of §§ 58-30-197 …

Repealed by SL 1982, ch 365 , § 8 58-30-2.1

Repealed by SL 1982, ch 365 , §§ 10, 11 58-30-5 58-30-5 , 58-30-5 .1. Repealed by SL 2001, ch 286 , §§ 228, 229 58-30-6 Appointment of insurance producer by insurer--Filing with director--Statement of kinds of insurance to be transacted--Payment of fee--Reasons for denying appoin…

The provisions of §§ 58-30-12.1 , 58-30-143 , and 58-30-169 to 58-30-176 , inclusive, do not apply to title insurance. Source: SL 1966, ch 111 , ch 9, § 7 (6); SL 2001, ch 286 , § 163. 58-30-21 to 58-30-23.5. Repealed by SL 2001, ch 286 , §§ 238 to 245

The director may issue to a rental car company that has complied with the requirements of §§ 58-30-197 to 58-30-208 , inclusive, a license that authorizes the rental car company to act as a rental car agent in accordance with the provisions of §§ 58-30-197 to 58-30-208 , inclusiv…

A rental car company may apply to be licensed as a limited lines insurance producer under the terms of §§ 58-30-197 to 58-30-208 , inclusive, if it satisfies all of the requirements of §§ 58-30-197 to 58-30-208 , inclusive, and if it files the following documents with the directo…

An employee or agent of a rental car agent may be an endorsee authorized to offer, sell, or solicit rental car insurance under the authority of the rental car agent license if all of the following conditions have been satisfied: (1) The employee or agent is eighteen years of age …

Each rental car agent shall provide a training and education program for each endorsee prior to allowing an endorsee to offer, sell, or solicit rental car insurance. The training and education program may be conducted at remote locations or through videotape or any means approved…

An endorsee's authorization to offer, sell, or solicit rental car insurance expires when the endorsee's employment with the rental car company is terminated. Source: SL 2001, ch 272 , § 8; SDCL § 58-9-41; SL 2010, ch 233 , § 2.

The rental car agent shall retain for a period of five years from the date of each transaction records which enable it to identify the name of the endorsee involved in each rental transaction in which a renter purchased rental car insurance. Source: SL 2001, ch 272 , § 9; SDCL 58…

No insurance may be offered, sold, or solicited pursuant to §§ 58-30-197 to 58-30-208 , inclusive, unless: (1) The rental period of the rental car agreement is twenty-eight consecutive days or less; (2) At every location where rental agreements are executed, the rental car agent …

No rental car agent may: (1) Advertise, represent, or otherwise portray itself or any of its employees or agents as licensed insurers or insurance producers; or (2) Pay any person, including a rental car agent endorsee, any compensation, fee, or commission that is dependent solel…

If a rental car company violates any provision of §§ 58-30-197 to 58-30-207 , inclusive, the director may revoke or suspend the license of a rental car company or take other action as authorized under this title. Source: SL 2001, ch 272 , § 12; SDCL § 58-9-45; SL 2010, ch 233 , §…

Terms used in §§ 58-30-209 to 58-30-217.1 , inclusive, mean: (1) “Aggregator site,” a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping; (2) “Blanket trave…

The requirements of §§ 58-30-209 to 58-30-217.1 , inclusive, apply to travel insurance that covers any resident of this state, and is sold, solicited, negotiated, or offered in this state, and policies and certificates that are delivered or issued for delivery in this state. The …

Any person licensed as an insurance producer in a line of authority as specified in subdivisions 58-30-152 (1), (2), (3), (4), (5), and (6), is authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance producer is not required to become appoin…

Notwithstanding any other provisions of chapter 58-30 , no person may act or represent oneself as a travel administrator for travel insurance in this state unless that person: (1) Is a licensed property and casualty insurance producer in this state for activities permitted under …

The director may issue to an individual or business entity that has filed with the director an application for such limited license in a form and manner prescribed by the director, a limited lines travel insurance producer license, which authorizes the limited lines travel insura…

A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the entity meets the following conditions: (1) The limited lines travel insurance producer or travel retailer provides to purchasers of tra…

Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that clearly display the following: (1) Provide the identity and contact information of the insurer and the limited lines travel ins…

The following standards apply to the sale, solicitation, and negotiation of travel insurance: (1) All documents provided to consumers prior to the purchase of travel insurance, including but not limited to sales materials, advertising materials, and marketing materials, must be c…

A travel retailer's employee or authorized representative who is not licensed as an insurance producer may not: (1) Evaluate or interpret the technical terms, benefits, or conditions of the offered travel insurance coverage; (2) Evaluate or provide advice concerning a prospective…

Notwithstanding any other provision of law, a travel retailer whose activities related to insurance, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines trave…

Travel insurance may be provided under an individual policy or under a group, blanket, or master policy. Travel assistance services and cancellation fee waivers are not insurance and not related to insurance. Source: SL 2014, ch 241 , § 11; SL 2022, ch 185 , § 6.

Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if: (1) The travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel…

Notwithstanding any other provision of this title, travel insurance must be classified and filed for purposes of rates and forms under an inland marine line of insurance, provided that travel insurance coverages for sickness, accident, disability or death occurring during travel,…

As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this chapter. Source: SL 2014, ch 241 , § 12.

The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance under the limited lines travel insurance producer license shall comply with chapter 58-30 and chapter 58-33 . In the event of a conflict between chapters 58-30 and 58-3…

The following acts are not unfair trade practices under this chapter or chapter 58-33 : (1) If travel insurance is marketed directly to a consumer through an insurer’s website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of …

The director may promulgate rules, pursuant to chapter 1-26 , relating to the program of instruction or training as set forth in subdivision 58-30-211(5). Source: SL 2014, ch 241 , § 14.

For the purposes of § 58-30-23.7 and §§ 58-30-170 and 58-30-180 , the division may access the criminal files of any licensee convicted of a felony or crime of moral turpitude without any authorization from the licensee. Any law enforcement agency that possesses criminal records s…

The division may participate with the National Association of Insurance Commissioners and the insurance regulatory offices of other states regarding the issuance of waivers pursuant to 18 U.S.C. §§ 1033 and 1034 as amended to January 1, 1998. The issuance of a waiver by any state…

Repealed by SL 1977, ch 414 , § 3 58-30-25

Repealed by SL 2001, ch 286 , § 246 58-30-26

58-30-28

If any domestic company is engaged in writing insurance on the lives or property of the members of the military forces of the United States, and dependents of the members while stationed outside the continental and territorial limits of the United States, the director, if otherwi…

58-30-30