Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-33-55 Waiting period before entry of default order or judgment
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No cease or desist order or judgment by default under §§ 58-33-51 to 58-33-53 , inclusive, shall be entered until the expiration of thirty days from the date of the filing of the affidavit of compliance. Source: SL 1966, ch 111 , ch 13, § 30 (4).
SDCL § 58-33-56 Liberal construction of process provisions
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The provisions of §§ 58-33-47 to 58-33-57 , inclusive, shall be liberally construed. Source: SL 1966, ch 111 , ch 13, § 26 (2).
SDCL § 58-33-57 Severability of provisions
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If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application, and to this end the …
SDCL § 58-33-58 Citation of provisions for process against unauthorized insurers for false advertising
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Sections 58-33-47 to 58-33-57 , inclusive, may be cited as the Unauthorized Insurers False Advertising Process Act. Source: SL 1966, ch 111 , ch 13, § 25.
SDCL § 58-33-59 Cancellation of insurance--Definitions
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Terms, used in this section and §§ 58-33-60 to 58-33-65 , inclusive, mean: (1) "Cancellation," termination by the insurer of insurance coverage in whole or in part during the policy term. A policy with no fixed expiration date is considered a policy period or term of one year; (2…
SDCL § 58-33-6 False information or advertising as misdemeanor
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No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular,…
SDCL § 58-33-60 Notice of cancellation required--Time--Contents
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A notice of cancellation of insurance coverage by an insurer shall be mailed or delivered by the insurer to the named insured at least twenty days before the effective cancellation date and shall be accompanied by a written explanation of the specific reasons for the cancellation…
SDCL § 58-33-61 Grounds for cancellation
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After sixty days from the effective date of policy issuance a notice of cancellation may not be issued unless it is based upon at least one of the following reasons: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation made by or with the knowledge of t…
SDCL § 58-33-62 Complaint of violation to division--Determination of reasonableness--Hearing
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Upon a complaint alleging a violation of any provision of §§ 58-33-59 to 58-33-65 , inclusive, filed by a person with the Division of Insurance within sixty days after the cancellation date of the policy, the director of the Division of Insurance shall determine if the complaint …
SDCL § 58-33-63 Reinstatement and money penalty for violation
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If the director of the Division of Insurance determines in a final order that the insurer has violated any provision of §§ 58-33-59 to 58-33-65 , inclusive, the director shall require the insurer to reinstate insurance coverage to the end of the policy period. The director may al…
SDCL § 58-33-64 Immunity from liability for statements concerning cancellation
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Except for knowingly supplying false information, there is no liability on the part of and no cause of action arises against the following persons for any communication giving notice of or specifying the reasons for a cancellation or for any statement made in connection with an a…
SDCL § 58-33-65 Automobile policies exempt
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Sections 58-33-59 to 58-33-64 , inclusive, do not apply to the cancellation of automobile policies or coverages, as defined in §
SDCL § 58-33-65.1 Private remedy or right of action prohibited
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Nothing contained in §§ 58-33-59 to 58-33-65 , inclusive, may grant, or be construed to grant, any private remedy or right of action. Source: SL 1986, ch 421 , § 2.
SDCL § 58-33-67 Unfair or deceptive practices in dealing with insured
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In dealing with the insured or representative of the insured, unfair or deceptive acts or practices in the business of insurance include, but are not limited to, the following: (1) Failing to acknowledge and act within thirty days upon communications with respect to claims arisin…
Factors considered in determining action taken against violator--Failure to remedy situation--Administrative action
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The Division of Insurance, in interpreting and enforcing §§ 58-33-66 and 58-33-67 , shall consider all pertinent facts and circumstances to determine the severity and appropriateness of action to be taken in regard to any violation of §§ 58-33-66 to 58-33-69 , inclusive, includin…
SDCL § 58-33-69 No private right of action
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Nothing in §§ 58-33-66 to 58-33-69 , inclusive, grants a private right of action. Source: SL 1986, ch 422 , § 4.
SDCL § 58-33-7 Defamation as misdemeanor
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No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false, or maliciously cri…
SDCL § 58-33-70 Definitions--Aftermarket crash parts
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Terms used in § 58-33-71 mean: (1) "Aftermarket crash part," a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels; (2) "Installer," an individual who actually does the …
SDCL § 58-33-71 Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document
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No insurer may specify the use of non - OEM aftermarket crash parts in the repair of an insured's motor vehicle, nor may a repair facility or installer use non - OEM aftermarket parts to repair a vehicle, unless the consumer is advised in writing. In all instances where non - OEM…
SDCL § 58-33-74 Gifts for advertising or promotional programs
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Nothing in this chapter prohibits a licensed insurer or its officers or employees or an insurance producer from giving to insureds, prospective insureds, or others for advertising purposes or promotional programs, any article of merchandise having an invoice value of not more tha…
SDCL § 58-33-75 Definitions
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Terms used in §§ 58-33-76 to 58-33-82 , inclusive, mean: (1) "Authorized agency," the Department of Labor and Regulation, the attorney general, any state's attorney, any duly constituted criminal investigative department or agency of the United States, and any county or municipal…
SDCL § 58-33-76 Notification of suspected fraud
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An insurer, or any person authorized to act on its behalf, which reasonably believes that a false or fraudulent claim, statement, or representation has occurred, may notify an authorized agency and provide it with all relevant information in its possession. Source: SL 1993, ch 36…
SDCL § 58-33-77 Accessibility of information relevant to suspected fraud--Types of information
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Upon request by an insurer to an authorized agency or by an authorized agency to an insurer, each may provide to the other, directly or through any person authorized to act on its behalf, all information relevant to any suspected false or fraudulent claim, statement, or represent…
SDCL § 58-33-78 Time limit on information to and from authorized agency
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An authorized agency accepting information from an insurer pursuant to §§ 58-33-76 and 58-33-77 shall provide within thirty days of a written request therefor any information in its possession or control relevant to the suspected false or fraudulent claim, statement, or represent…
SDCL § 58-33-79 Liability of supplier of information
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Any insurer, authorized agency, or person authorized to act on their behalf, acting without bad faith or malice, who provides or receives information pursuant to §§ 58-33-76 and 58-33-77 is not subject to criminal prosecution, civil penalty, or civil liability therefor, except in…
SDCL § 58-33-8 Twisting as misdemeanor
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No person shall make or issue, or cause to be made or issued, any written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in any policy for the purpose of inducing or attempting or tending to induce a policyhol…
SDCL § 58-33-80 Liability of those who supply information or testify as to fraud
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Any person acting without malice who provides information to, cooperates with or testifies pursuant to a subpoena for an authorized agency, an insurer, the National Association of Insurance Commissioners or any not - for - profit organization established to detect and prevent fra…
SDCL § 58-33-81 Notification to policyholder of request for information
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Notwithstanding the provisions of §§ 58-33-76 to 58-33-77 , inclusive, the authorized agency shall notify in writing, the policyholder of any request for information. Source: SL 1993, ch 368 , § 7.
SDCL § 58-33-82 Confidentiality of information regarding suspected fraud--Testimony by authorized agency personnel
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Any authorized agency or insurer which receives any information furnished pursuant to §§ 58-33-75 to 58-33-81 , inclusive, shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. Any authorized agency, or its…
SDCL § 58-33-83 Refund of unearned life and health insurance premiums on canceled policy--Exceptions
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If any life insurance policy or health insurance policy is canceled before its renewal date or expiration date, other than by the death of the insured, and the insured has paid premiums in advance on the policy, the insurer shall refund to the owner of the policy the unearned por…
SDCL § 58-33-84 Refund of unearned life and health insurance premiums on canceled policy due to death of insured--Exceptions
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If any life insurance policy or health insurance policy is canceled before its renewal date or expiration date because of the death of the insured and the premiums have been paid in advance on the policy, the insurer shall refund the unearned portion of the premiums paid beyond t…
SDCL § 58-33-85 Health insurers prohibited from denying enrollment of dependent child on certain grounds
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Any insurer subject to this chapter, including any group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, as amended to January 1, 1994, who are engaged in the business of health insurance is prohibited from denying enrollment of a…
SDCL § 58-33-86 Prohibitions against a health insurer from using information pertaining to medical assistance eligibility
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Any insurer subject to this chapter who is engaged in the business of health insurance is prohibited from using information pertaining to medical assistance eligibility under Title XIX of the Social Security Act as amended to January 1, 1994, or any other state's equivalent medic…
SDCL § 58-33-87 Payments of health insurance benefits for medical assistance recipients
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Any insurer subject to this chapter who is engaged in the business of health insurance shall provide that payment for benefits with respect to any participant who receives benefits from the Department of Social Services medical assistance program under Title XIX of the Social Sec…
SDCL § 58-33-88 Health insurance for dependent child through noncustodial parent's insurer
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Any insurer subject to this chapter who is engaged in the business of health insurance is required in any case in which a dependent child has health insurance coverage through the insurer of the noncustodial parent to provide all information to the custodial parent as may be nece…
SDCL § 58-33-89 Reporting regulatory activities and complaint handling
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The Division of Insurance shall regularly report to the National Association of Insurance Commissioners regarding its regulatory activities and its complaint handling. The reports shall include information on all disciplinary actions taken and all consumer complaints received. In…
SDCL § 58-33-9 False entry with intent to deceive--Omission of true entry--Misdemeanor
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No persons shall make any false entry in any book, report, or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to repor…
SDCL § 58-33-90 Sale of securities by unregistered insurance producer prohibited
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No insurance producer may offer or sell any security in this state unless the insurance producer is properly registered or exempt from registration pursuant to chapter 47-31B . Source: SL 2001, ch 287 , § 1; SL 2004, ch 278 , § 67.
SDCL § 58-33-91 Sale of unregistered securities by insurance producer prohibited
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No insurance producer may offer or sell any security in this state unless the security is registered or exempt from registration pursuant to chapter 47-31B . Source: SL 2001, ch 287 , § 2; SL 2004, ch 278 , § 68.
SDCL § 58-33-92 Sale of unregistered business opportunity by insurance producer prohibited
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No insurance producer may offer or sell any business opportunity in this state unless the business opportunity is registered or exempt from registration under chapter 37-25A . Source: SL 2001, ch 287 , § 3.
SDCL § 58-33-93 Definitions relating to multiple employer welfare arrangements
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Terms used in §§ 58-33-93 to 58-33-116 , inclusive, mean: (1) "Admitted insurer," an insurer licensed to do an insurance business in this state including an entity authorized pursuant to § 58-18-88 , a health maintenance organization or nonprofit hospital, or medical service corp…
SDCL § 58-33-94 Acts constituting transaction of insurance business in or from state
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For purposes of §§ 58-33-93 to 58-33-116 , inclusive, any of the following acts in this state effected by mail or otherwise by a nonadmitted insurer or by any person acting with the actual or apparent authority of the insurer, on behalf of the insurer, constitutes the transaction…
SDCL § 58-33-95 Transacting of insurance defined
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For the purposes of §§ 58-33-93 to 58-33-116 , inclusive, the term, transacting of insurance, includes: (1) Issuing a stop loss policy covering an employer located in this state. Stop loss policy coverage of an employer for claims incurred under the employer's self-funded health …
SDCL § 58-33-96 Unauthorized health insurance defined
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For the purposes of §§ 58-33-93 to 58-33-116 , inclusive, the term, unauthorized health insurance, means health insurance offered by a nonadmitted insurer except to the extent the laws of this state allow the coverage to be offered by a nonadmitted insurer licensed in another sta…
SDCL § 58-33-97 Exclusions from unauthorized health insurance
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Unauthorized health insurance does not include: (1) Health care benefits or coverage under an employee welfare benefit plan of the employees of two or more employers (including one or more self-employed individuals), that is established or maintained under or pursuant to a collec…
SDCL § 58-33-98 Notification of division required concerning unauthorized health insurance product--Review of division website--Stop loss insurers
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A licensee shall notify the division MEWA contact if the licensee knows a product is, or is about to be, offered to the public in this state, and the licensee, based on the information known to the licensee, reasonably should know the product is unauthorized health insurance. A l…
SDCL § 58-33-99 Circumstances in which licensee should know product is unauthorized health insurance
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Circumstances where a licensee reasonably should know that a product is unauthorized health insurance include the following: (1) The licensee knows that the product is represented to be a self-funded plan and that it is offered widely to the multiple employers or generally to ind…