Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-4A-1 Definition of terms
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Terms used in §§ 58-4A-1 to 58-4A-17 , inclusive, mean: (1) "Insurer," in addition to those persons defined under subdivision 58-1-2(12), any person or entity transacting insurance with or without a certificate of authority issued by the director of insurance. The term also means…
SDCL § 58-4A-10 Consent agreement not prohibited
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Notwithstanding any other section of this chapter, the unit or its designees, and a person alleged to have committed a fraudulent insurance act as set forth in § 58-4A-2 , are not prohibited from entering into a written agreement upon commencement of a civil action in which the p…
SDCL § 58-4A-11 Unit governed by chapter
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For purposes of investigating and prosecuting insurance fraud, the insurance fraud prevention unit is subject to the provisions of this chapter and the procedures set forth in Title 15 or Title 23A if applicable and if not in conflict with this chapter. Source: SL 1999, ch 241 , …
SDCL § 58-4A-12 Records and files confidential--Investigator not subject to subpoena in civil matter--Exceptions
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All investigative records and files of the insurance fraud prevention unit are confidential. The investigative records of the insurance fraud prevention unit may not be released except pursuant to a court order. An investigator is not subject to subpoena in civil actions concerni…
SDCL § 58-4A-13 Immunity for persons furnishing information in good faith--Costs assessed against person acting not in good faith--Other privileges and immunities not abrogated
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Any person acting in good faith is immune from civil liability for filing a report with or for furnishing any information relating to suspected, anticipated, or completed fraudulent insurance acts to: (1) The Department of Labor and Regulation and the director of insurance; (2) A…
SDCL § 58-4A-14 Insurance fraud prevention unit fund--Assessment of insurers--Conditions--Failure to pay as grounds for administrative action
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The Division of Insurance shall assess each insurer holding a certificate of authority to transact the business of insurance in this state a fee of two hundred fifty dollars to be remitted and payable to the Division of Insurance to be deposited in a separate account, entitled th…
SDCL § 58-4A-15 Limitations of chapter
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The provisions of this chapter do not: (1) Preempt the authority or relieve the duty of any other law enforcement agency to investigate, examine, and prosecute suspected violations of law; (2) Prevent or prohibit a person from voluntarily disclosing any information concerning ins…
SDCL § 58-4A-16 Annual report to Legislature--Contents
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The Division of Insurance shall annually report to the Legislature concerning the activities of the insurance fraud prevention unit including the number, type, and outcome of cases investigated, the number and type of cases that have been pending without final action for more tha…
SDCL § 58-4A-17 Insurer to reevaluate rates for possible reduction in light of impact of fraud prevention
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Each authorized insurer shall, every three years after July 1, 1999, reevaluate its rates based upon the impact that fraud prevention has had upon its rates, considering the impact of §§ 58-4A-1 to 58-4A-17 , inclusive, and the impact of any fraud prevention units of the insurer …
SDCL § 58-4A-2 Fraudulent insurance acts--Certain violations as misdemeanor--Certain violations as felony
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For purposes of this chapter, a person commits a fraudulent insurance act if the person: (1) Knowingly and with intent to defraud or deceive issues or possesses fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders…
SDCL § 58-4A-3 Powers of insurance fraud prevention unit
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The insurance fraud prevention unit through its investigator or attorney may do the following: (1) The investigator or attorney may initiate and conduct independent investigations if the unit has cause to believe that a fraudulent insurance act has been or may be committed; (2) T…
SDCL § 58-4A-4 Insurance fraud prevention unit--Purpose--Composition
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In order to investigate and prosecute activities involving fraudulent insurance acts, the attorney general shall employ a sufficient staff to be known as the insurance fraud prevention unit which shall include a minimum of one clerical employee, one investigator, and one attorney…
SDCL § 58-4A-5 Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution
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The insurance fraud prevention unit may prosecute fraudulent insurance acts through criminal or civil proceedings. The attorney general may appoint the insurance fraud prevention unit attorney as an assistant attorney general for purposes of prosecuting cases of fraudulent insura…
SDCL § 58-4A-6 Unit investigators--Qualifications--Powers--Costs of investigation
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The insurance fraud prevention unit investigators may investigate violations of this chapter. The unit investigators shall be qualified pursuant to the requirements of §§ 23-3-41 , 23-3-42 , and 23-3-44 and have all the powers and authority of law enforcement officers while perfo…
SDCL § 58-4A-7 Civil penalties--Disposition of penalties collected--Civil action in lieu of criminal prosecution
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If the insurance fraud prevention unit or its designees initiate civil action against any person and that person is found by a court of competent jurisdiction to have committed a fraudulent insurance act as set forth in § 58-4A-2 , that person is subject to a civil penalty not to…
SDCL § 58-4A-8 Operational costs of unit
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Any costs associated with the administration and operation of the insurance fraud prevention unit, including salaries and the costs set forth in §§ 58-4A-5 and 58-4A-6 , shall be paid from the insurance fraud prevention unit fund. All disbursements from the insurance fraud preven…
SDCL § 58-4A-9 Expenses recoverable--Disposition of recovered costs--Compensation to person in interest
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Costs and expenses incurred in any investigation or other action arising out of a violation under this chapter may be sought in any judgment or court decree. Any recovered costs, except civil or criminal penalties, shall be deposited by the unit or its designees in the insurance …