Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-5-147 Types of asset dispositions subject to chapter
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Asset dispositions subject to this chapter include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment, whether for the benefit of creditors or otherwise, abandonment, destruction, or other disposition. Source: SL 1995, ch 275 , § 4.
SDCL § 58-5-148 Information required in report of material acquisition or disposition of assets
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The following information shall be disclosed in any report of a material acquisition or disposition of assets: (1) Date of the transaction; (2) Manner of acquisition or disposition; (3) Description of the assets involved; (4) Nature and amount of the consideration given or receiv…
SDCL § 58-5-149 Determining whether to report acquisitions on a nonconsolidated or consolidated basis
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Insurers shall report acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes an intercompany pooling agreement or arrangement or a one hundred percent reinsurance agreement whereunder the ceding compa…
SDCL § 58-5-15 Commencement of solicitation by mutual insurer
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Upon receipt of the director's approval of the bond or deposit as provided in §§ 58-5-12 to 58-5-14 , inclusive, the directors and officers of the proposed domestic mutual insurer may commence solicitation of applications for insurance. Source: SL 1966, ch 111 , ch 16, § 11 (1).
SDCL § 58-5-150 Materiality of nonrenewals, cancellations or revisions
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No nonrenewals, cancellations, or revisions of ceded reinsurance programs need to be reported pursuant to § 58-5-143 if the nonrenewals, cancellations, or revisions are not material. For purposes of the chapter, a material nonrenewal, cancellation, or revision is one that affects…
SDCL § 58-5-151 Reporting material nonrenewal, cancellation or revision
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Subject to the criteria provided in § 58-5-150 , a report shall be filed without regard to which party has initiated the nonrenewal, cancellation or revision of ceded reinsurance whenever one or more of the following conditions exist: (1) The entire cession has been cancelled, no…
SDCL § 58-5-152 Required information in reporting material nonrenewal, cancellation, or revision
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The following information shall be disclosed in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements: (1) Effective date of the nonrenewal, cancellation, or revision; (2) The description of the transaction with an identification of the in…
SDCL § 58-5-153 Determining whether to report material nonrenewals, cancellations, or revisions on a nonconsolidated or consolidated basis
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Insurers shall report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or one hundred percent reinsurance agreement …
SDCL § 58-5-154 Qualified education loan insurer defined
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The term, qualified education loan insurer, means a domestic stock insurer formed under chapter 58-5 for the principal purposes of transacting surety insurance, in this state only, in the education loan market and principally or beneficially owning or through a wholly - owned sub…
SDCL § 58-5-155 Qualified education loan insurer subject to Title 58--Exceptions
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Any qualified education loan insurer is subject to the provisions of Title 58 except as otherwise specifically provided in §§ 58-5-154 to 58-5-160 , inclusive. Notwithstanding any other provision of Title 58, a qualified education loan insurer is not subject to the following prov…
SDCL § 58-5-156 Investment of funds by qualified education loan insurer--Limitations--Permitted rating categories
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Notwithstanding any other provision of Title 58 and in addition to any investment permitted pursuant to chapter 58-27 , a qualified education loan insurer may invest funds in the following, and any such investment made by a qualified education loan insurer is not subject to any a…
SDCL § 58-5-157 Investment of funds in securities
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In addition to any investment permitted pursuant to § 58-5-156 , a qualified education loan insurer may also invest any amount in common stock, preferred stock, debt obligations, and other securities, including without limitation, membership in a limited liability company, of any…
SDCL § 58-5-158 Subsidiary investment to be counted as admitted asset
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Notwithstanding § 58-4-43 or any other provision of Title 58, a qualified education loan insurer's subsidiary investment permitted under § 58-5-157 shall be counted fully as an admitted asset on the qualified education loan insurer's balance sheet and may not be disregarded as an…
SDCL § 58-5-159 Applicability of federal Bankruptcy Code
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Notwithstanding the other provisions of chapter 58-29B , for the purposes of determining: (1) If a qualified education loan insurer has, in any transaction involving the transfer of any education loans or other assets, sold such education loans or other assets or pledged such edu…
SDCL § 58-5-16 Temporary insurance producer's licenses for solicitation of applications for mutual insurance--Issuance by director
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The director shall, upon the corporation's application therefor, issue temporary insurance producer's licenses for a period not exceeding six months for the solicitation of such applications to individuals qualifying for a resident insurance producer license except as to the taki…
SDCL § 58-5-160 Additional exemptions or exemption authority
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The director of the Division of Insurance may promulgate rules, pursuant to chapter 1-26 , to provide any qualified education loan insurer with additional exemptions from the provisions of Title 58 or to provide additional investment authority. Source: SL 1998, ch 287 , § 7.
SDCL § 58-5-161 SDCL 58-5-161
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Definitions for §§ 58-5-161 through
SDCL § 58-5-162 Corporate governance disclosure--Requirements and limitations
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Nothing in §§ 58-5-161 to 58-5-171 , inclusive, may be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law. Nothing in §§ 58-5-161 to 58-5-171 , inclusive, may be construed to l…
SDCL § 58-5-163 Submission of disclosure--Requirement
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An insurer, or the insurance group of which the insurer is a member, shall submit a corporate governance annual disclosure containing the information described in §§ 58-5-161 to 58-5-171, inclusive, to the director no later than June first of each calendar year. If the insurer is…
SDCL § 58-5-164 Information provided with disclosure--Appropriate corporate level
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For purposes of completing the corporate governance annual disclosure, the insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level, the individual legal entity level, or any …
SDCL § 58-5-165 Duplicate information not required--Documentation
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An insurer who provides information substantially similar to the information required in §§ 58-5-161 to 58-5-171, inclusive, in other documents provided to the director is not required to duplicate information in the corporate governance annual disclosure if the insurer reports w…
SDCL § 58-5-166 Content and maintenance--Promulgation of Rules
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The insurer or insurance group has discretion over the responses to the corporate governance annual disclosure inquiries if the disclosure contains the material information necessary to permit the director to gain an understanding of the insurer's or group's corporate governance …
SDCL § 58-5-167 Disclosure documents and other information--Confidential and privileged--Exempt from public record--Permitted uses
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Any document, materials, or other information, including the corporate governance annual disclosure, in the possession or control of the division that is obtained by, created by, or disclosed to the director or any other person under the provisions of §§ 58-5-161 to 58-5-171, inc…
SDCL § 58-5-168 Disclosure documents and other materials--Testimony prohibited
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No person, including the director, who received a document, materials, or other information related to the corporate governance annual disclosure, through examination or otherwise, while acting under the authority of the director, or with whom the document, materials, or other in…
SDCL § 58-5-169 Disclosure documents and other materials--Information sharing and receiving
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In order to assist in the performance of the director's regulatory duties, the director may: (1) Share any document, materials, or other information related to the corporate governance annual disclosure, including any confidential and privileged document, materials, or informatio…
SDCL § 58-5-17 Applications for mutual insurance--Signature by applicant, coverage
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All applications for insurance received pursuant to § 58-5-15 shall be signed by the applicant and shall only cover subjects of insurance resident, located or to be performed in this state. Source: SL 1966, ch 111 , ch 16, § 11 (2).
SDCL § 58-5-170 Disclosure review--Expert assistance
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The director may retain, at the insurer's expense, any third-party consultant, including attorneys, actuaries, accountants, and other experts not otherwise a part of the director's staff as may be reasonably necessary to assist the director in reviewing the corporate governance a…
SDCL § 58-5-171 Disclosure information--Access by National Association of Insurance Commissioners--Requirements
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The director may enter a written agreement with the National Association of Insurance Commissioners, a third-party consultant, or both, governing the sharing and use of information provided pursuant to §§ 58-5-161 to 58-5-171, inclusive, that expressly requires the written consen…
SDCL § 58-5-18 Applications for mutual insurance--Contents
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All such applications shall provide that: (1) Issuance of the policy is contingent upon the insurer qualifying for and receiving a certificate of authority; (2) No insurance is in effect until the certificate of authority has been issued; and (3) The prepaid premium and any depos…
SDCL § 58-5-19 Trust deposit of premiums or fees collected by mutual insurer on qualifying applications
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All sums collected by a proposed mutual insurer as premiums or fees on qualifying applications for insurance shall be deposited in trust in a bank or trust company in this state under a trust agreement consistent with § 58-5-25 and with subdivision 58-5-18(3). The corporation sha…
SDCL § 58-5-2 Stock insurer defined
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A "stock" insurer is an incorporated insurer with capital divided into shares and owned by its stockholders. Source: SL 1966, ch 111 , ch 16, § 2.
SDCL § 58-5-20 Transaction of business without certificate of authority as misdemeanor
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The corporation shall not transact business here as an insurer until it has received a certificate of authority as provided in this title. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 16, § 7 (4); SL 1978, ch 359 , § 2.
SDCL § 58-5-21 Insurance applications and surplus required for original certificate of authority to domestic mutual insurer
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Upon application for an original certificate of authority, the insurer must be otherwise qualified therefor under this title, and must have received and accepted bona fide applications as to substantial insurable subjects for insurance coverage of the kind of insurance proposed t…
SDCL § 58-5-22 Expendable surplus funds required of domestic mutual insurer
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In addition to surplus deposited and thereafter to be maintained as shown in columns (g) and (h) of the schedule in § 58-5-21 , the insurer when first authorized must have on hand surplus funds, which it can thereafter expend in the conduct of its business, in amount not less tha…
SDCL § 58-5-23 Determination by director as to weight to be given to insurance plans
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The director shall by regulation determine what weight, if any, shall be given group plans, blanket plans, family plans, term insurance, owner's interest in real property, maximum and minimum bodily injury and property damage limits, and reinsurance in the light of national and s…
SDCL § 58-5-24 Cessation of corporate powers upon failure of mutual insurer to secure certificate of authority--Return of trust deposit
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If the proposed domestic insurer fails to secure its certificate of authority within one year from the date of its certificate of incorporation, its corporate powers shall cease, and the director shall cause to be returned to the persons entitled thereto all sums held in trust un…
SDCL § 58-5-25 Issuance of certificate of authority to domestic mutual insurer--Funds in trust deposit become funds of insurer--Delivery of policies--Effective date of policies
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Upon issuance of a certificate of authority for the kind of insurance for which such applications were solicited, all funds held in trust under § 58-5-19 shall become the funds of the insurer, and the insurer shall deliver its policies for which premiums had been paid. The insura…
SDCL § 58-5-26 Authorization of domestic mutual insurer to transact additional kinds of insurance
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A domestic mutual insurer, after being authorized to transact one or more kinds of insurance, may be authorized to transact such additional kinds of insurance as are permitted under § 58-5-21 , while in compliance with this title and while maintaining unimpaired surplus funds in …
SDCL § 58-5-27 Membership of policyholders in domestic mutual insurer--Reinsurance contract excepted
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Each policyholder of a domestic mutual insurer, other than of a reinsurance contract, is a member of the insurer with all rights and obligations of such membership, and the policy shall so specify. Source: SL 1966, ch 111 , ch 16, § 15 (1).
SDCL § 58-5-28 Eligibility to membership in domestic, foreign, or alien mutual insurer
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Any person, government or governmental agency, state or political subdivision thereof, public or private corporation, board, association, firm, estate, trustee, or fiduciary may be a member of a domestic, foreign, or alien mutual insurer. Any officer, stockholder, trustee, or leg…
SDCL § 58-5-29 Contingent liability of members of mutual insurer--Exception
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Every member of a domestic mutual insurer shall, except as otherwise provided with respect to nonassessable policies, have only a prorata contingent liability for the discharge of its obligations, which contingent liability shall be expressed in the policy and be in such maximum …
SDCL § 58-5-3 Mutual insurer defined
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A "mutual" insurer is an insurance corporation without capital stock, owned by its policyholders collectively, who have the right to vote in the election of its directors. Source: SL 1966, ch 111 , ch 16, § 3.
SDCL § 58-5-30 Contingent liability of member of mutual insurer not terminated by termination of policy
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Termination of the policy of any member of a domestic mutual insurer shall not relieve him of contingent liability for his prorata share, if any, of the obligations of the insurer which accrued while the policy was in force. Source: SL 1966, ch 111 , ch 16, § 29 (2).
SDCL § 58-5-31 Unrealized contingent liability of members of mutual not an asset of insurer
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Any unrealized contingent liability of members shall not constitute an asset of the insurer in any determination of its financial condition. Source: SL 1966, ch 111 , ch 16, § 29 (3).
SDCL § 58-5-32 Levy of assessment by mutual insurer for contingent liability
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If at any time the minimum basic surplus required of a domestic mutual insurer by §§ 58-5-21 and 58-5-22 becomes impaired and the deficiency is not cured from other sources, its directors shall forthwith levy an assessment upon only its members who held policies providing for con…
SDCL § 58-5-33 Amount of assessment by mutual insurer
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The assessment under § 58-5-32 shall be in an amount to cure such deficiency and to provide a reasonable amount of working funds which shall not exceed five percent of the insurer's liabilities as of the date such deficiency was determined. Source: SL 1966, ch 111 , ch 16, § 30 (…
SDCL § 58-5-34 Computation of assessment levied by mutual insurer
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In levying such assessment, the computation shall be upon the basis of the premiums earned on such policy during the period to which the assessment relates. Source: SL 1966, ch 111 , ch 16, § 30 (3).
SDCL § 58-5-35 Offsets not allowed against assessment by mutual insurer
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No member of a domestic mutual insurer shall have an offset against any assessment for which he is liable, on account of any claim for unearned premium or loss payable. Source: SL 1966, ch 111 , ch 16, § 30 (4).
SDCL § 58-5-36 Lien of mutual insurer for levy of assessment for contingent liability
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If approved by the director of insurance as being in the best interests of the insurer and its members an assessment pursuant to § 58-5-32 after notice under that section may be secured by placing a lien upon the cash surrender value and accumulated dividends of any life insuranc…
SDCL § 58-5-37 Extinguishment of contingent liability--Issuance of nonassessable policies--Revocation of authority
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After a domestic mutual insurer has established the surplus prescribed in §§ 58-5-21 and 58-5-22 , and has authority to issue nonassessable policies, it may, with the director's approval, extinguish the contingent liability resulting from assessment of its members and thereafter …