Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-33-137 Value-added product or service--Permitted as pilot or testing program--Notice to division
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If an insurer or producer does not have sufficient evidence but has a good faith belief that the value-added product or service meets the criteria in subdivisions 58-33-136 (2) and (5), the insurer or producer may provide the product or service in a manner that is not unfairly di…
SDCL § 58-33-138 Value-added product or service--Permitted raffles or drawings described
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An insurer or producer may conduct raffles or drawings to the extent permitted by state law as long as there is no financial cost to entrants to participate, the drawing or raffle does not obligate participants to purchase insurance, the prizes are not valued in excess of a reaso…
SDCL § 58-33-139 Inducement and certain language in advertising prohibited
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An insurer, producer, or representative of an insurer or a producer, may not offer or provide insurance as an inducement to the purchase of another policy or otherwise use the word, free, or the phrase, no cost, or words and phrases of a similar meaning, in any advertisement. Sou…
SDCL § 58-33-14 Rebate as misdemeanor--Life, disability and annuity contracts
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Except as otherwise provided by law, no person shall knowingly permit or offer to make or make any contract of life insurance, life annuity or health insurance, or agreement as to such contract other than is plainly expressed in the contract issued thereon, or pay or allow, or gi…
SDCL § 58-33-140 Value-added product or service--Promulgation of rules
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The director shall promulgate rules pursuant to chapter 1-26 regarding the permitted practices in §§ 58-33-136 to 58-33-139 , inclusive, to ensure consumer protection, consumer data protections and privacy, consumer disclosure, standard forms, definition of terms, and to prevent …
SDCL § 58-33-15 Insurance not to be used to induce purchases of commodities or services--Misdemeanor
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No insurer may, directly or indirectly through its insurance producers or representatives, participate in any plan to offer or effect any kind or kinds of life insurance, health insurance, property insurance, casualty insurance, surety insurance, or annuities in this state as an …
SDCL § 58-33-16 Credit life insurance permitted as inducement for purchases
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Section 58-33-15 shall not apply to insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction, or insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the de…
SDCL § 58-33-17 Bonus to policyholder from accumulated surplus on life or annuity policy not discrimination or rebate
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Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, in the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of su…
SDCL § 58-33-18 Allowance to industrial policyholder for making payments to office of insurer permitted
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Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, in the case of life insurance and health insurance policies issued on the industrial debit, preauthorized check, bank draft, or similar plans, making allowance …
SDCL § 58-33-19 Readjustment of premium rate permitted for group policy based on loss or expense experience
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Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, readjustment of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent p…
SDCL § 58-33-2 Unfair method or deceptive act as misdemeanor
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No person shall engage in this state in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. Violation of this section is a Cla…
SDCL § 58-33-20 Reduction of premium rate permitted for large policies
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Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, reduction of premium rate for policies of large amount but not exceeding savings in issuance and administration expenses reasonably attributable to such policie…
SDCL § 58-33-21 Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan
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Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuing life or health insurance policies or annuity contracts on a salary savings or payroll deduction plan or other distribution plan at reduced rate reasonab…
SDCL § 58-33-22 Increase in health insurance benefits by maintaining policy in force permitted
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Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuance of health insurance policies which provide for increases in benefits to policyholders who maintain their policies continuously in force without lapse f…
SDCL § 58-33-23 Life insurance benefits paid to beneficiary--Payment to tradesman or businessman as misdemeanor--Use of life insurance to pay costs of funeral--Fraternal benefit societies
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All life insurance benefits shall be paid in cash to the beneficiary. No insurer engaged in the business of life insurance shall contract to pay or pay such insurance benefits to any funeral director, undertaker, or undertaking business. Violation of this section is a Class 2 mis…
SDCL § 58-33-24 Rebate, discount, or special advantage as misdemeanor--Exception
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No insurer or any employee or representative thereof, and no insurance producer may pay, allow, or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduct…
SDCL § 58-33-25 Acceptance by insured of rebate, discount or special advantage as misdemeanor
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No insured named in a policy, nor any employee of such insured shall knowingly receive or accept directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement. Violation…
SDCL § 58-33-26 Unfair discrimination as to terms and conditions of insurance as misdemeanor
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No insurer shall make or permit any unfair discrimination between insureds or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions o…
SDCL § 58-33-27 Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted
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Nothing in §§ 58-33-24 to 58-33-26 , inclusive, prohibits the payment of commissions or other compensation to duly licensed insurance producers, or prohibits any insurer from allowing or returning to its participating policyholders, members or subscribers, lawful dividends, savin…
SDCL § 58-33-3 Acts constituting unfair methods of competition and unfair or deceptive practices
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The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance, viz: The commission of any one or more of the acts prohibited by §§ 58-33-4 to 58-33-37 , inclusive. Source: SL 1966, ch 111 , ch 13, § 3.
SDCL § 58-33-30 Provisions not applicable to life or health insurance or annuities
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Sections 58-33-24 to 58-33-27 , inclusive, do not apply to life insurance, health insurance, or annuity contracts. Source: SL 1966, ch 111 , ch 13, §§ 16 (5), 21 (3); SL 1979, ch 341 , § 8.
SDCL § 58-33-31 Favored insurance producer or insurer as misdemeanor
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No person may require as a condition precedent to loaning money upon the security of any real or personal property, or to the renewal or extension of any loan or mortgage, or to the selling of any property under contract, that the owner of the property to whom the money is to be …
SDCL § 58-33-32 Boycott, coercion, or intimidation as misdemeanor
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No persons shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. Violation of this section is a Class 2 …
SDCL § 58-33-33 Interlocking ownership or management permitted
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Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition, or common management is inconsistent with any …
SDCL § 58-33-34 Directorship in two or more insurers permitted
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Any person otherwise qualified may be director of two or more insurers which are competitors, unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create a monopoly. Source: SL 1966, ch 111 , ch 13, § 19 (2).
SDCL § 58-33-35 Collection of premium for insurance not provided as misdemeanor
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No person shall willfully collect any sum as premium or charge for insurance, which insurance is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this title. Vi…
SDCL § 58-33-36 Illegal dealing in premiums and improper charges as misdemeanors
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No person may willfully collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, and as specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the di…
SDCL § 58-33-37 False application as misdemeanor--False claim or proof of loss as misdemeanor or felony
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Any person who knowingly makes any false or fraudulent statement or representation with reference to any application for insurance is guilty of a Class 1 misdemeanor. Any person who knowingly presents or causes to be presented a false or fraudulent claim for the purpose of obtain…
SDCL § 58-33-37.1 Aggregation of false claims or applications committed pursuant to one course of conduct
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Amounts involved in false claims or applications for insurance committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the offense under §
SDCL § 58-33-38 Undefined unfair or deceptive practice--Findings by director
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If the director believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in this chapter, but that such method of competition is unfair or that …
SDCL § 58-33-39 Action to restrain violation found by director--Record of hearing received in evidence
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If such report charges a violation of this chapter and if such method of competition, act or practice has not been discontinued, the director may, through the attorney general of this state, at any time after the service of such report cause an action to be instituted to enjoin a…
SDCL § 58-33-4 Use of misleading name as misdemeanor
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No person who is not an insurer shall assume or use any name which deceptively infers or suggests that he is an insurer. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 13, § 24; SL 1978, ch 359 , § 2.
SDCL § 58-33-40 Cease and desist order of director
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If, after a hearing thereon of which notice of the hearing and of the charges against him were given such person, the director of the Division of Insurance finds that any person in this state has engaged or is engaging in any act or practice defined in or prohibited under this ch…
SDCL § 58-33-41 Appeal from director's order
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If the director's report made under § 58-33-38 , or order on hearing made under § 58-33-40 does not charge a violation of this chapter, then any intervener in the proceedings may appeal therefrom within the time and in the manner provided in chapter 1-26 . Source: SL 1966, ch 111…
SDCL § 58-33-42 Finality of cease and desist order--Appeal by intervener
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A cease and desist order pursuant to § 58-33-40 shall become final upon expiration of the time allowed for appeals from the director's orders, if no such appeal is taken, or, in event of such an appeal, upon final decision of the court if the court affirms the director's order or…
SDCL § 58-33-43 Affirmance of order of director--Order of court for obedience
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In the event of such appeal, to the extent that the director's order is affirmed, the court shall issue its own order commanding obedience to the terms of the director's order. Source: SL 1966, ch 111 , ch 13, § 4 (3).
SDCL § 58-33-44 Liabilities and penalties not relieved by director's or court order
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No order of the director pursuant to § 58-33-40 or order of court to enforce it shall in any way relieve or absolve any person affected by such order from any other liability, penalty, or forfeiture under law. Source: SL 1966, ch 111 , ch 13, § 4 (4).
SDCL § 58-33-45 Violation of desist order as misdemeanor
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A violation of a desist order authorized by this chapter is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 13, § 4 (5); SL 1978, ch 359 , § 2; SL 1990, ch 158 , § 27.
SDCL § 58-33-46 Imposition of penalty not prevented by cease and desist order
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Sections 58-33-40 to 58-33-45 , inclusive, shall not be deemed to affect or prevent the imposition of any penalty provided by this title or by other law for violation of any other provision of this chapter, whether or not any such hearing is called or held or such desist order is…
SDCL § 58-33-46.1 Civil action for damages resulting from unfair or prohibited act--Attorneys' fees
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Any person who claims to have been damaged by any act or practice declared to be unlawful by this chapter shall be permitted to bring a civil action for the recovery of all actual and consequential damages suffered as a result of such act or practice including reasonable attorney…
SDCL § 58-33-47 Process against unauthorized insurers for false advertising--Purpose of provisions
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The purpose of §§ 58-33-47 to 58-33-57 , inclusive, is to subject to the jurisdiction of the director and to the jurisdiction of the courts of this state insurers not authorized to transact business in this state which place in or send into this state any false advertising design…
SDCL § 58-33-48 Definition of terms
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When used in §§ 58-33-47 to 58-33-57 , inclusive: (1) "Residents" shall mean and include any person, partnership or corporation, domestic, alien or foreign. (2) "Unfair Trade Practice Act" shall mean §§ 58-33-1 to 58-33-46.1 , inclusive, relating to unfair methods of competition …
SDCL § 58-33-49 Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state
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No unauthorized foreign or alien insurer of the kind described in § 58-33-47 shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magaz…
SDCL § 58-33-5 Misrepresentation or false advertising of policies as misdemeanor
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No person shall make, issue, circulate, or cause to be made, issued, or circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be re…
SDCL § 58-33-5.1 Rules to promote proper disclosure of terms and conditions of life insurance policies
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The director of insurance shall promulgate rules pursuant to chapter 1-26 to promote the proper disclosure of the terms and conditions of life insurance policies and to prohibit the misrepresentation of life insurance policies through the establishment of minimum standards for th…
SDCL § 58-33-50 Action by director on failure of insurer to cease false advertising after notice
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If after thirty days following the giving of the notice mentioned in § 58-33-49 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this state, and if the director has reason to bel…
SDCL § 58-33-51 Acts constituting appointment of director as process agent
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Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state; (2) The solicitation of applications for such contracts; (3) The collectio…
SDCL § 58-33-52 Service of process on director, copies delivered--Mailing of copy to defendant
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Service of a statement of charges and notices under said Unfair Trade Practice Act shall be made by delivering to and leaving with the director or some person in apparent charge of his office, two copies thereof. Service of process issued by any court in any action, suit, or proc…
SDCL § 58-33-53 Service of process on agent of insurer
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Service of statement of charges, notices, and process in any such proceeding, action, or suit shall in addition to the manner provided in § 58-33-52 be valid if served upon any person within this state who on behalf of such insurer is: (1) Soliciting insurance; or (2) Making, iss…
SDCL § 58-33-54 Additional method of service of process and notice
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Service of process and notice under the provisions of this title shall be in addition to all other methods of service provided by law, and nothing in this chapter shall limit or prohibit the right to serve any statement of charges, notices, or process upon an insurer in any other…