Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-22-36 Advising employment of particular attorney as misdemeanor
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No bail bondsperson or runner may suggest or advise the employment of or name for employment any particular attorney to represent the bondsperson's or runner's principal. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 31, §§ 15 (1), 27; SDCL, § 5…
SDCL § 58-22-37 Signing or countersigning of bond in blank by bail bondsman prohibited, exception
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A bail bondsman shall not sign nor countersign in blank any bond, nor shall he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman and the power of attorney is filed and approved by th…
SDCL § 58-22-38 Annual list of forfeitures of bonds--Contents
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A professional bondsman shall on or before March first of each year file a sworn statement listing every forfeiture of bonds executed by him during the preceding calendar year giving date of forfeiture, amount of forfeiture and name of court where forfeiture is recorded, and date…
SDCL § 58-22-39 Affidavit of property bondsman as to consideration for undertaking--Willful misstatement as perjury
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Every property bondsman shall file with the undertaking an affidavit stating whether or not he or anyone for his use has been promised or has received any security or consideration for his undertaking, and if so, the nature and amount thereof, and the name of the person by whom s…
SDCL § 58-22-4 License required to act as bail bondsperson or runner--Exception--Violation as felony or misdemeanor
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No person may act in the capacity of a bail bondsperson or runner or perform any of the functions, duties, or powers prescribed for bail bondsperson or runners under the provisions of this chapter unless that person is qualified and licensed as provided in this chapter. However, …
SDCL § 58-22-40 Surety's right to enforce indemnity agreement limited by affidavit
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An action to enforce any indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in the affidavit required by §
SDCL § 58-22-41 Deposit by defendant admitted to bail
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When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the state, or of any county, municipality within the state, equal in market value t…
SDCL § 58-22-42 Bail by surety substituted for deposit--Refunding of deposit--Cancellation of original undertaking
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If money or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the undertaking, and the official taking the new bail shall make an order that the money or bonds be refunded to the person depositing the same and they shall be ref…
SDCL § 58-22-43 Bail other than deposit--Cancellation by deposit
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When bail other than a deposit of money or bonds has been given, the defendant or the surety may, at any time before a breach of the undertaking, deposit the sum mentioned in the undertaking, and upon such deposit being made, accompanied by a new undertaking, the original underta…
SDCL § 58-22-44 Undertaking for appearance before a magistrate or court--Time of appearance
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If no day is fixed for the appearance of the defendant, or an impossible day, or a day in vacation, the undertaking, if for his appearance before a magistrate for a hearing, shall bind the defendant to appear in ten days from the receipt of notice so to do by the defendant, his c…
SDCL § 58-22-45 Liability on undertaking unaffected by defects
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The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency, or competency provided in the criminal procedure law, or by reason of any other agreement that is expressed in the undertaking, or because the defendant has…
SDCL § 58-22-46 Validity of undertaking entered into on Sunday or holiday
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No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside, or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, om…
SDCL § 58-22-47 Administration and enforcement of chapter by director--Employment of personnel
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The director may administer and enforce the provisions of this chapter. The Department of Labor and Regulation may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and it shall prescribe their duties, and their compe…
SDCL § 58-22-48 Repealed by SL 1978, ch 359 , § 3 58-22-49 Written appointment required with application for runner's license
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58-22-50 Licensee to notify Division of certain convictions. 58-22-51 Out-of-state bail bondsperson--Notification of activities--Limitations on activities--License required. 58-22-52 List of runners to be furnished to director--Fee. 58-22-53 Posting of bond under bondsperson's ow…
SDCL § 58-22-49 Written appointment required with application for runner's license
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The application for a runner's license shall be accompanied by a written appointment of the applicant as a runner by each licensed bail bondsperson employing the applicant. Source: SL 1998, ch 296 , § 8.
SDCL § 58-22-5 Licenses to individuals only--Examination waived for persons previously acting--Exemptions
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No license may be issued except in compliance with this chapter and none may be issued except to an individual. However, any person performing the functions of a bail bondsperson or runner, within the definition of this chapter, on July 1, 1966, is not required to take an examina…
SDCL § 58-22-50 Licensee to notify Division of certain convictions
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Any person holding a license under this chapter shall notify the Division of Insurance of a conviction or plea of guilty or nolo contendere to a felony or a crime of moral turpitude within twenty days of the conviction or plea. Violation of this section is a Class 1 misdemeanor. …
SDCL § 58-22-51 Out - of - state bail bondsperson--Notification of activities--Limitations on activities--License required
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Any out - of - state bail bondsperson or runner entering this state shall notify all local law enforcement agencies in the area where the bail bondsperson or runner intends to conduct runner activities as defined in subdivision 58-22-1(5), including, at a minimum, the office of t…
SDCL § 58-22-52 List of runners to be furnished to director--Fee
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Each bail bondsperson shall, on or before May first of each year, furnish to the director a list of all runners appointed, accompanied by a ten dollar reappointment fee for each runner. Each bail bondsperson who, subsequent to the filing of this list, appoints additional persons …
SDCL § 58-22-53 Posting of bond under bondsperson's own license for licensee's release prohibited
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No bail bondsperson may post a corporate surety bond under the bondsperson's own license for the licensee's release from incarceration. Source: SL 2016, ch 233 , § 1.
SDCL § 58-22-54 Enforcement of title permitted although license surrendered or lapsed
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The director retains the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title 58 against any person who is under investigation for or charged with any violation of this chapter or title 58 even if the person's license has be…
SDCL § 58-22-55 Report of felony criminal prosecution
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A person licensed under this chapter shall report any felony criminal prosecution of the person taken in any jurisdiction to the director within thirty days of the initial pretrial hearing date. The report shall include a copy of the initial complaint filed, the order resulting f…
SDCL § 58-22-6 Application for license--Affirmative showing of qualifications
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The application for license, in addition to the other matters set out in this chapter to serve as a bail bondsperson shall affirmatively show that the applicant is a natural person who has reached the age of twenty - one years, is a citizen of the United States, has been a bona f…
SDCL § 58-22-7 License fee submitted to director--Fingerprints and photograph of applicant
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A license fee of thirty dollars shall be submitted to the director with each application for license as bail bondsperson. The applicant shall also furnish with the application, a complete set of the applicant's fingerprints and a recent credential - size full face photograph of t…
SDCL § 58-22-8 Surety bondspersons--Annual list--Subsequent appointments--Fees
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Every insurer shall annually, prior to May first, furnish the director a list of all surety bondsperson appointed by it to write bail bonds on its behalf accompanied by a renewal fee of ten dollars for each bondsperson being reappointed. Every such insurer who subsequently appoin…
SDCL § 58-22-9 Termination of appointment of surety bondsman by insurer--Notice to director--Information privileged
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An insurer terminating the appointment of a surety bondsman shall file written notice thereof with the director, together with a statement that it has given or mailed notice to the surety bondsman. Such notice filed with the director shall state the reasons, if any, for such term…
SDCL 32-3-1
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However, a vehicle not designed for travel on the public highway that is licensed is a motor vehicle for purposes of §
SDCL § 58-23-1 Action against insurer by injured party where execution returned unsatisfied
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All liability insurance policies issued in this state shall provide in substance that if an execution upon any final judgment in an action brought by the injured or by another person claiming, by, through, or under the injured, is returned unsatisfied, then an action may be maint…
SDCL § 58-23-2 Bankruptcy or insolvency of assured--Insurer not released from liability
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No liability insurance policy issued in this state shall contain any requirement for the payment of liability or loss under the policy, by the assured, but all such policies shall provide in substance that the bankruptcy or insolvency of the assured shall not release the insurer …
SDCL § 58-23-3 Tort liability of charitable institution--Insurer estopped from asserting charitable immunity defense
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Each policy issued to cover the liability of any charitable institution for negligence or any other tort shall contain a provision to the effect that the insurer shall be estopped from asserting, as a defense to any claim covered by said policy, that such institution is immune fr…
SDCL § 58-23-4 Primary and excess coverage on vehicle loaned by automobile service agency
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When an automobile insurance policy is in force for anyone engaged in the business of selling, repairing, servicing, storing, or parking motor vehicles and the person or organization allows the use of a vehicle with or without consideration to any other person or organization and…
SDCL § 58-23-5 Effective date of vehicle coverage provisions
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The provisions of § 58-23-4 shall apply only to policies and renewals having effective commencement dates subsequent to July 1, 1970. Any policy provisions used by automobile insurance companies in this state, subsequent to July 1, 1970, at variance with § 58-23-4 , shall be inte…
SDCL § 58-23-6 Supplemental automobile coverage--Definition of terms
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Terms used in §§ 58-23-6 to 58-23-8 , inclusive, mean: (1) "Automobile," a four - wheel passenger motor vehicle designed for use upon public roads, not operated for commercial use, and owned by a natural person. This definition includes trailers designed for use with such motor v…
SDCL § 58-23-7 Supplemental coverage to be offered with automobile liability policy
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No application for an automobile liability policy may be taken with respect to any automobile registered or principally garaged in this state unless the supplemental coverages set forth in § 58-23-8 are made available to the named insured. Source: SL 1971, ch 270 , § 2; SL 1972, …
SDCL § 58-23-8 Accident, disability, and medical benefits included in supplemental coverage
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Supplemental insurance coverages shall as a minimum include: (1) Accidental death benefits of at least ten thousand dollars payable upon the loss of life of the named insured which shall result directly from and independently of all other causes from bodily injury, other than sic…
SDCL § 58-23-9 Motor vehicle defined
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For the purposes of § 58-23-8 , the term, motor vehicle, means automobiles, motor trucks, motorcycles, and all vehicles propelled by power other than muscular power and designed primarily for travel on the public highway except traction engines, road rollers, farm wagons, freight…
SDCL § 58-23A-1 Exclusion of coverage on basis of execution of arbitration agreement prohibited
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No medical or hospital professional liability insurance policy shall contain a provision or be construed to exclude coverage on the basis of the insured's execution of an agreement contemplated by chapter 21-25B . Source: SDCL, § 21-25A-3 as added by SL 1976, ch 155 , § 2.
SDCL § 58-23A-2 Reports of malpractice claims required of insurers--Frequency
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Each insurance company engaged in issuing professional medical malpractice insurance in this state shall file with the State Division of Insurance a report of all claims for medical malpractice made against any of its insureds and received by it since its last report. Such report…
SDCL § 58-23A-3 Form and contents of report on claims
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Such reports shall be in writing on a form prescribed by the division and shall contain the following information: (1) Name and address of physician, nurse, hospital, or other person or institution against which claim is made; (2) Name, address, and age of the claimant or plainti…
SDCL § 58-23A-4 Data required on disposition of claims
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The following data and information shall be furnished by the insurance company to the division within thirty days from any judgment, settlement, or other dismissal involving the insured: (1) Date of any judgment, settlement, or other dismissal; (2) Whether any appeal has been tak…
SDCL § 58-23A-5 Forwarding of information to professional licensing board
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The Division of Insurance shall, within thirty days of receipt, submit in writing to the appropriate state professional and occupational licensing board, the data and information furnished to the division pursuant to this chapter, but only that which is relevant to the board. Sou…
SDCL § 58-23A-6 Information and files kept by division--Confidentiality--Release at director's discretion
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The Division of Insurance shall retain the information and maintain the files in the form and for a period as it shall determine necessary. The division shall maintain the data and information filed in accordance with this chapter as confidential records and shall release the sam…
SDCL § 58-23A-7 Insurers and division not liable for official actions under chapter
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There is no liability on the part of, and no cause of action of any nature may arise against, an insurer reporting pursuant to this chapter or its insurance producers or employees, or the division or its representatives, for any action taken by them pursuant to this chapter. Sour…
SDCL 58-11-12
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Source: SL 2004, ch 307 , § 3.
SDCL § 58-24-1 Purpose of chapter
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The purpose of this chapter is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory, and to authorize and regulate cooperative action among insurers in rate - making and in other matters wit…
SDCL § 58-24-10 Filing of rates with director--Effective date--Character and extent of coverage--Exceptions
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Every insurer shall file with the director of the Division of Insurance every manual, minimum, class rate, rating schedule, or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use. Every such filing shall state the propo…
SDCL § 58-24-10.1 Rating rules required to be filed with director--Filing date--Supporting information required
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Every insurer writing automobile insurance as defined by subdivisions 58-11-45(1) to (3), inclusive, and subdivision 58-23-6(2), and every insurer writing liability insurance, physical damage insurance, and collision insurance on all motor vehicles ordinarily used on the public h…
SDCL § 58-24-10.2 Rate information required to be filed prior to effective date on finding that closer supervision is required--Extension of waiting period--Approval or disapproval
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The director of the Division of Insurance may by order require that a particular insurer otherwise entitled to file its rates in accordance with § 58-24-10.1 , file any or all of its rates and supplementary rate information thirty days prior to their effective date, if and to the…
SDCL § 58-24-11 Repealed by SL 2004, ch 307 , § 9 58-24-12 Satisfaction of insurer's obligations by becoming member of or subscriber to licensed rating organization
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58-24-13 Information furnished in support of filing. 58-24-14 Filing open to public inspection--Specially rated inland marine risks. 58-24-15 Review of filings by director. 58-24-16
SDCL § 58-24-12 Satisfaction of insurer's obligations by becoming member of or subscriber to licensed rating organization
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An insurer may satisfy its obligation to make filings pursuant to this chapter by: (1) Becoming a member of, or a subscriber to, a licensed rating organization that makes filings; and (2) Authorizing the director to accept filings on its behalf. Nothing contained in this chapter …