Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-8-1 Representing or aiding unauthorized insurer as misdemeanor
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No person may in this state, directly or indirectly, act as insurance producer for, or otherwise represent any insurer not then authorized to transact insurance business in this state, in the solicitation, negotiation, or effectuation of insurance or of annuity contracts, inspect…
SDCL § 58-8-10 Service of process on agent of unauthorized insurer other than director
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Service of process in any such action, suit or proceeding shall in addition to the manner provided in §§ 58-8-8 and 58-8-9 , be valid if served upon any person within this state who, in this state on behalf of such insurer, is: (1) Soliciting insurance; or (2) Making, issuing, or…
SDCL § 58-8-12 Mode of service of process cumulative
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Nothing in this chapter shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or hereafter permitted by law. Source: SL 1966, ch 111 , ch 12, § 8.
SDCL § 58-8-13 Conditions precedent to filing of pleadings by unauthorized foreign or alien insurer--Deposit or bond--Procurement of certificate of authority
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Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall in addition to any other requirement that may be imposed by law either: (1) Deposit with the cle…
SDCL § 58-8-14 Motion of unauthorized foreign or alien insurer to quash or set aside service of process--Deposit or bond not required--Grounds for motion
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Nothing in § 58-8-13 is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash any process or to set aside service thereof made in the manner provided in §§ 58-8-8 to 58-8-10 , inclusive, on the ground either: (1) That such unauthorized …
SDCL § 58-8-15 Action against unauthorized insurer commenced by substituted process--Postponement by court to give defendant opportunity to defend
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The court in any action, suit or proceeding, in which service is made in the manner provided in §§ 58-8-8 to 58-8-10 , inclusive, may order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of § 58-8-13 and to defen…
SDCL § 58-8-16 Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff
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In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencem…
SDCL § 58-8-17 Exemptions from unauthorized insurers process provisions
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The provisions of §§ 58-8-6 to 58-8-19 , inclusive, shall not apply to any action, suit or proceeding against any unauthorized foreign or alien insurer arising out of a contract of: (1) Reinsurance of the liability of an admitted insurer; (2) Insurance against perils of navigatio…
SDCL § 58-8-18 Uniformity of interpretation of chapter
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This chapter shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. Source: SL 1966, ch 111 , ch 12, § 2 (2).
SDCL § 58-8-19 Citation of unauthorized insurers process provisions
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Sections 58-8-6 to 58-8-19 , inclusive, constitute and may be cited as the Unauthorized Insurers Process Act. Source: SL 1966, ch 111 , ch 12, § 2 (1).
SDCL § 58-8-2 Acts which do not constitute representing or aiding unauthorized insurer
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Section 58-8-1 shall not apply to: (1) Acceptance of service of process by the director under § 58-8-8 ; (2) Surplus lines insurance, and other transactions as to which a certificate of authority is not required of an insurer as stated in § 58-6-4 ; (3) Reinsurance as authorized …
SDCL § 58-8-3 Advertising relating to unauthorized insurers as misdemeanor
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It is a Class 2 misdemeanor for any person to publish or print in this state in any newspaper, magazine, periodical, circular, letter, pamphlet, or in any other manner, or to publish by radio or television broadcasting in this state, any advertisement or other notice, either dire…
SDCL § 58-8-4 Acceptance of advertising without proof of authority to do business in state as misdemeanor
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No person may accept for publication or printing any newspaper, magazine, or other periodical, or for radio or television broadcasting in this state, any advertisement or other notice, either directly or indirectly setting forth the advantages of or soliciting business for any in…
SDCL § 58-8-5 Distribution of advertising matter as to advantages of doing business with unauthorized insurer as misdemeanor
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It is a Class 2 misdemeanor for any manufacturer, jobber, wholesaler, or retailer to distribute or to cause to be distributed any match books or other advertising matter, directly or indirectly, setting forth the advantages of or soliciting business for any insurer, insurance pro…
SDCL § 58-8-6 Unauthorized insurers--Purposes of Process Act
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The purpose of §§ 58-8-6 to 58-8-19 , inclusive, is to subject certain insurers to the jurisdiction of the courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of concern that many resi…
SDCL § 58-8-7 Acts by unauthorized insurer constituting appointment of director of insurance as agent for service of process
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Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein; (2) The solicitation of app…
SDCL § 58-8-8 Manner of service of process--Duties of director
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Such service of process shall be made by delivering to and leaving with the director or some person in apparent charge of his office two copies thereof and the payment to him of a fee as set forth in subdivision 58-2-29(12)(c) which shall be taxed in the costs of the proceeding. …
SDCL § 58-8-9 Notice by mail to insurer--Proof of service
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Service of process pursuant to § 58-8-8 is sufficient, provided notice of such service and a copy of the process are sent within ten days thereafter by registered or certified mail by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business…