Title 58, INSURANCE

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.

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…

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…

No license may be issued in a trade name except to a business entity and upon proof satisfactory to the director that the trade name has been lawfully registered. Source: SL 1966, ch 111 , ch 9, § 10 (3); SL 2001, ch 286 , § 166.

No firm or corporation shall be so licensed unless the business to be transacted thereunder is within the scope of the partnership agreement or articles of incorporation. Source: SL 1966, ch 111 , ch 9, § 10 (4).

A licensed business entity shall promptly notify the director of all changes. Source: SL 1966, ch 111 , ch 9, § 10 (5); SL 2001, ch 286 , § 167.

No examination is required of: (1) An applicant for the same kind of license as that which the applicant has previously held in this state for at least one year within the five years next preceding the date of application and who is deemed by the director to be fully qualified an…

The director shall prepare and make available to applicants for license information as to the general scope of, and principal subjects to be covered by, the examination for a particular license, together with information as to published books and other reference sources which may…

The director may require a reasonable waiting period before reexamination of an applicant who has taken and failed to pass a previous examination covering the same kind or kinds of insurance. Source: SL 1966, ch 111 , ch 9, § 15 (4).

The director may deny an appointment or withhold processing an appointment for reasons of protection of the public health, welfare, or safety including the following: (1) The insurance producer to be appointed is not properly licensed; or (2) A notice of hearing from the Division…

The director may issue to an applicant qualified therefor under this title a limited lines insurance producer's license for the following types of insurance: (1) Credit insurance as defined in § 58-30-142 ; (2) Crop insurance as defined in § 58-30-142 ; (3) Rental car insurance a…

Applicants for limited license as to travel insurance under subdivision 58-30-68(4) are exempt from examination, as provided in § 58-30-52 , and the fee for each such license, including issuance thereof and the appointment by the insurer, shall be in the amount specified in § 58-…

The director may refuse to issue a temporary license to any applicant, when it appears that the purpose of obtaining such temporary license is part of a program by an insurer to evade the other provisions of this chapter. Source: SL 1966, ch 111 , ch 9, § 23 (3).

Each license or appointment issued under this title shall continue in force until expired, suspended, revoked, or otherwise terminated, whichever is applicable, but is subject to renewal by payment to the director annually or biennially of the applicable fee as stated in § 58-2-2…

Any insurance producer's appointment not terminated prior to April first of each year is subject to an annual renewal fee as stated in § 58-2-29 . The appointing insurer shall pay the renewal fee. Source: SL 1996, ch 300 , § 4; SL 2001, ch 286 , § 171.

Each business entity licensed under this chapter shall file a biennial license renewal with the director on or before July first or within an extension of time granted by the director for good cause. The renewal application shall be in the form prescribed by the director. Source:…

Failure to file a timely renewal application shall result in lapsing of the license. A business entity may reinstate its license in the same manner as an individual insurance producer as provided in § 58-30-154 . Source: SL 2018, ch 282 , § 2.

In the license renewal application, each business entity shall designate an individual licensed insurance producer responsible for the business entity's compliance with the insurance laws of this state. Source: SL 2018, ch 282 , § 3.

No insurance company may terminate the agency contract of an insurance producer writing fire and casualty lines of insurance except upon ninety days' notice in writing given by the company to the insurance producer. The company shall, upon a terminated insurance producer's reques…