Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL 1-27-1
0.0K chars
Source: SL 1995, ch 292 , § 1.
SDCL 58-11-45
0.0K chars
Source: SL 1985, ch 392 , § 7; SL 1988, ch 408 .
SDCL 58-17B-2
0.1K chars
Source: SL 1994, ch 372 , § 3; SL 1995, ch 291 ; SL 2010, ch 244 , § 1.
Source: SL 2018, ch 281 , § 2; SL 2024, ch 203 , § 6, eff
0.0K chars
Jan. 1, 2025.
SDCL § 58-33-1 Purposes of chapter
0.5K chars
The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the act of Congress of March 9, 1945, (Public Law 15, 79th Congress, ch. 20, 50 U.S. Stat. at Large 33), by defining, or providing for…
SDCL § 58-33-10 False financial statement as misdemeanor
0.5K chars
No person shall file with any supervisory or other public official, or make, publish, disseminate, circulate, or deliver to any person, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed…
SDCL § 58-33-100 Confidentiality of notifications--Use of information in legal and regulatory actions
0.6K chars
Any notification made pursuant to § 58-33-98 is confidential and privileged from disclosure in response to a subpoena or otherwise, and is not subject to discovery or admissible in evidence in any private action. Nothing in §§ 58-33-93 to 58-33-116 , inclusive, limits the directo…
SDCL § 58-33-101 Disclosure of information to agencies of other states or federal government--Conditions--Immunity from civil liability
1.4K chars
Nothing in §§ 58-33-93 to 58-33-116 , inclusive, prevents the director from disclosing the contents of a report or notification filed under this section to the insurance division of any other state or agency of the federal government at any time, or any other regulatory or law en…
SDCL § 58-33-102 Due diligence investigation required of insurance producer before offering health benefit plan
1.4K chars
An insurance producer, prior to engaging in or assisting any person to engage in offering a health benefit plan to an employer or person located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance…
SDCL § 58-33-103 Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan
1.1K chars
An insurance producer, prior to submitting an application for a stop loss policy to an insurer for a health benefit plan offered to employees, employee dependents, or a person located in this state, shall carry out appropriate due diligence to establish that the health benefit pl…
SDCL § 58-33-104 Due diligence investigation required of third party administrator before entering into any administrative contract for health benefit plan
1.7K chars
A third party administrator, prior to entering into any administrative contract for a health benefit plan, and prior to assisting any person with administration of a health benefit plan, covering employees of an employer or a person located in this state, shall carry out appropri…
SDCL § 58-33-105 Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan
1.1K chars
An insurer, prior to issuing a stop loss policy for a health benefit plan covering employees, employee dependents, or individuals located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, inclu…
SDCL § 58-33-106 Requirements for engaging in transacting of insurance by issuing stop loss policy
0.9K chars
No insurer may engage in the transacting of insurance by issuing a stop loss policy unless the insurer is an admitted insurer in this state and the stop loss policy form has been filed and approved by the division, unless the form is exempt by law from filing. The transacting of …
SDCL § 58-33-107 Written disclosures required before issuing contract for stop loss policy
0.5K chars
No insurer may engage in the transacting of insurance in this state by issuing a stop loss policy unless, prior to issuing a contract for the stop loss policy, the insurer discloses clearly and conspicuously to the employer, in writing the following: (1) The employer is not cover…
SDCL § 58-33-108 58-33-111 Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance
2.7K chars
58-33-112 Documented supervision procedures and controls. 58-33-113 Continuing education--Summary of supervision procedures and controls. 58-33-114 Suspension or revocation of registration of preferred provider organization for violation--Other action to assure future compliance.…
SDCL § 58-33-109 Defenses available to person who acts according to written advice of MEWA contact
0.9K chars
A licensee or other person who acts according to the written advice of the MEWA contact has a defense to any violation of §§ 58-33-103 to 58-33-108 , inclusive, if the information provided by the licensee or other person to the MEWA contact, to the extent material to the MEWA con…
SDCL § 58-33-11 Stock operations and advisory board contracts as inducement--Misdemeanor
0.5K chars
No person may issue or deliver or permit its insurance producers, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in any common law corporation, or any advisory board contract or other similar contract of …
SDCL § 58-33-110 SDCL 58-33-110
0.1K chars
Circumstances mitigating violation of §§ 58-33-102 to
SDCL § 58-33-111 Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance
0.3K chars
Nothing in § 58-33-109 or 58-33-110 requires a producer, third party administrator, insurer, or preferred provider organization to conduct due diligence with respect to a health benefit plan that it is not assisting and with respect to which it does not engage in the transacting …
SDCL § 58-33-112 Documented supervision procedures and controls
0.5K chars
An insurance producer, third party administrator, insurer, preferred provider organization, or an agent of the same shall establish and maintain documented supervision procedures and controls that are reasonably designed to achieve compliance with §§ 58-33-93 to 58-33-116 , inclu…
SDCL § 58-33-113 Continuing education--Summary of supervision procedures and controls
0.5K chars
An insurer providing health insurance in this state shall require its listed producers to obtain not less than one hour of continuing education every four years covering: (1) Identification of unauthorized health insurance; and (2) The producer's responsibilities under §§ 58-33-9…
SDCL § 58-33-114 Suspension or revocation of registration of preferred provider organization for violation--Other action to assure future compliance
0.4K chars
If a preferred provider organization violates a provision of §§ 58-33-93 to 58-33-116 , inclusive, the organization's registration may be suspended or revoked or other action may be taken by the director as is otherwise authorized by this title to ensure that compliance with §§ 5…
SDCL § 58-33-115 Inapplicability to joint powers agreements
0.2K chars
Nothing in §§ 58-33-93 to 58-33-116 , inclusive, applies to a joint powers agreement authorized pursuant to chapter 1-24 . Source: SL 2007, ch 292 , § 23.
SDCL § 58-33-116 Inapplicability to arrangements not issued to person in state or solicited in state
0.5K chars
Nothing in §§ 58-33-93 to 58-33-116 , inclusive, applies to an admitted insurer, nonadmitted insurer, or a MEWA if the arrangement is neither issued to a person in this state nor solicited in this state. For purposes of this section, the phrase, issued to a person, does not inclu…
SDCL § 58-33-117 Definitions
3.2K chars
Terms in this section and §§ 58-33-118 to 58-33-130 , inclusive, mean: (1) "Active duty," full-time duty in the active military service of the United States and includes members of the reserve component (National Guard and Reserve) while serving under published orders for active …
SDCL § 58-33-118 Solicitation or sale of life insurance or annuity to active duty service member
0.4K chars
Sections 58-33-117 to 58-33-130 , inclusive, apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the armed forces of the United States. Nothing in §§ 58-33-117 to 58-33-130 , inclu…
SDCL § 58-33-119 Certain solicitations and sales excluded
2.0K chars
Sections 58-33-117 to 58-33-130 , inclusive, do not apply to solicitations or sales involving: (1) Credit insurance; (2) Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or…
SDCL § 58-33-12 Unfair discrimination as misdemeanor--Life insurance and annuities
0.4K chars
No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the te…
SDCL § 58-33-12.1 Blindness as basis for life insurance termination, modification or refusal--Unfair practice
0.6K chars
It is an unfair or discriminatory practice for an insurance company to terminate, or to modify coverage or to refuse to issue or refuse to renew any life policy or contract of life insurance solely because the applicant or insured or any employee of either is blind or partially b…
SDCL § 58-33-120 Education of members of armed forces in accordance with Department of Defense instruction permitted
0.4K chars
Nothing in §§ 58-33-117 to 58-33-130 , inclusive, abrogates the ability of nonprofit organizations or other organizations to educate members of the armed forces of the United States in accordance with Department of Defense DoD Instruction 1344.07--PERSONAL COMMERCIAL SOLICITATION…
SDCL § 58-33-121 Certain advertisements and marketing exempt--Face-to-face meetings not exempt
0.7K chars
For purposes of §§ 58-33-117 to 58-33-130 , inclusive, general advertisements, direct mail and internet marketing does not constitute solicitation. Telephone marketing does not constitute solicitation if the caller explicitly and conspicuously discloses that the product concerned…
SDCL § 58-33-122 Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair
1.8K chars
The following acts or practices, if committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance, are declared to be false, misleading, deceptive, or unfair: (1) Knowingly soliciting the purcha…
SDCL § 58-33-123 Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair
0.7K chars
The following acts or practices, if committed on a military installation by an insurer or insurance producer, constitute corrupt practices or improper influences or inducements and are declared to be false, misleading, deceptive, or unfair: (1) Using Department of Defense personn…
SDCL § 58-33-124 Additional practices using personnel, services, or programs of the armed forces or depository institutions considered false, misleading, deceptive, or unfair
3.1K chars
The following acts or practices by an insurer or insurance producer constitute corrupt practices or improper influences or inducements and are declared to be false, misleading, deceptive, or unfair: (1) Submitting, processing, or assisting in the submission or processing of any a…
SDCL § 58-33-125 Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair
1.8K chars
The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair: (1) Making any representation, or using any device, title, descriptive name or identifier that has the tendency or capacity to confuse or mislead a serv…
SDCL § 58-33-126 Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair
0.5K chars
The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair: (1) Using or describing the credited interest rate on a life insurance policy in a manner that implies that the credited interest rate is a net return o…
SDCL § 58-33-127 Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair
1.0K chars
The following acts or practices by an insurer or insurance producer regarding Servicemembers' Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI) are declared to be false, misleading, deceptive, or unfair: (1) Making any representation regarding the availability,…
SDCL § 58-33-128 Certain disclosure practices considered false, misleading, deceptive, or unfair
1.8K chars
The following acts or practices by an insurer and or insurance producer regarding disclosure are declared to be false, misleading, deceptive, or unfair: (1) Deploying, using, or contracting for any lead-generating materials designed exclusively for use with service members that d…
SDCL § 58-33-129 Certain additional life insurance sales practices considered false, misleading, deceptive, or unfair
3.2K chars
The following acts or practices by an insurer or insurance producer with respect to the sale of certain life insurance products are declared to be false, misleading, deceptive, or unfair: (1) Excluding individually issued annuities, recommending the purchase of any life insurance…
Unfair discrimination as misdemeanor--Health insurance
0.8K chars
No person may make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any …
SDCL § 58-33-13.1 Sex or marital status discrimination prohibited--Exceptions
1.0K chars
An insurance contract may not be denied to an insured or prospective insured on the basis of his or her sex or marital status. The amount of benefits payable, or any term, conditions, or type of coverage shall not be restricted, modified, excluded, or reduced on the basis of the …
SDCL § 58-33-13.2 Definition of sex or marital status discrimination terms
0.5K chars
When used in this section and § 58-33-13.1 : (1) "Contract" means any insurance policy, plan, or binder, including any rider or endorsement thereto offered by an insurer; (2) "Insurer" means any insurance company, association, reciprocal or inter - insurance exchange, nonprofit h…
SDCL § 58-33-13.3 Domestic violence victim discrimination prohibited
0.3K chars
No insurer may ask any questions about an individual's status as a victim of domestic violence for the purposes of offering, selling, or renewing coverage; limiting coverage; or charging a rate different from that normally charged for the same coverage under any life or health in…
SDCL § 58-33-130 Promulgation of rules
0.8K chars
The director may, by rules promulgated pursuant to chapter 1-26 , adopt: (1) Revisions of the Internal Revenue Code and the regulations promulgated pursuant thereto which are in substantial compliance with the intent of subdivisions 58-33-119(6) and (7); (2) Revisions of the Empl…
SDCL § 58-33-131 Employer insurance assistance program defined
0.4K chars
For purposes of §§ 58-33-132 to 58-33-134 , inclusive, the term, employer insurance assistance program, means a service, which is directly related to insurance purchased by an employer, that enhances that employer's ability to purchase insurance or assists in the administration o…
SDCL § 58-33-132 Construction with statutes regarding rebates, discounts, and special advantages
0.2K chars
Nothing in § 58-33-14 or 58-33-24 may be construed to prohibit the offering of an employer insurance assistance program by an insurance agent or an insurer to an employer if the employer insurance assistance program complies with §§ 58-33-133 and
SDCL § 58-33-133 Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited
0.3K chars
No employer insurance assistance program may be offered by an agent unless the program is specified in writing to the employer. The employer assistance program may not consist of any monetary payments made to the employer or made on behalf of the employer for the purchase of insu…
SDCL § 58-33-134 Promulgation of rules for employer insurance assistance programs
0.4K chars
The director may promulgate rules pursuant to chapter 1-26 to establish standards for employer insurance assistance programs consistent with the provisions of §§ 58-33-131 to 58-33-133 , inclusive. The rules shall be limited to: (1) Definition of terms; (2) Employer insurance ass…
Unfair or deceptive practices by pharmacy benefits manager
0.6K chars
The following acts or practices by a pharmacy benefits manager are declared to be misleading, deceptive, or unfair: (1) Prohibiting a pharmacist or pharmacy from providing cost-sharing information regarding the amount that a covered individual may pay for a particular prescriptio…
SDCL § 58-33-136 Value-added products or services not discriminatory--Description
1.8K chars
Nothing in this chapter may be construed as including within the definition of discrimination or rebates, the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cos…