Title 58, INSURANCE

The director shall direct the depository or custodian to return to a foreign insurer any deposit made pursuant to this title by the insurer, if: (1) The insurer has ceased transacting business in this state, or in the United States, and the insurer is not subject to any liability…

Upon the merger or consolidation of an insurer that has made a deposit in this state, the director may, after preserving the interests of South Dakota policyholders, direct the depository or custodian to return the deposit to the resulting or surviving corporation, or to any pers…

If the insurer is subject to delinquency proceedings as defined in this title, upon the order of a court of competent jurisdiction, the director shall yield the assets and securities held on deposit to the receiver, conservator, rehabilitator, or liquidator of the insurer, or to …

No release of deposited assets and securities may be made except upon application to and the written order of the director and under the terms of the custodial or depository arrangement. The director is not personally liable for the release of any deposit made by him in good fait…

The provisions of the 1991 amendments to §§ 58-7-1 , 58-7-3 , 58-7-6 , 58-7-12 , 58-7-13 , 58-7-14 , 58-7-16 , 58-7-18 , 58-7-20 , 58-7-21 , 58-7-24 , 58-7-25 , 58-7-28 , 58-7-34 , 58-7-35 , 58-7-36 , 58-7-38 , and 58-7-39 shall supersede any and all depository or custodial requi…

Annually on or before April first, the insurer shall deposit any additional securities required under § 58-7-1 and related to the increase of such reserves during the calendar year next preceding as determined from the insurer's annual statement as of December thirty - first of s…

If default occurs in the payment of interest or principal of any deposited security and such default continues for a period of one hundred twenty days, the director may declare such security no longer eligible for deposit under § 58-7-1 . Source: SL 1966, ch 111 , ch 7, § 1 (5).

The following deposits of insurers shall be accepted and held, and are subject to the provisions of this chapter: (1) Deposits required under this title for authority to transact insurance business in this state; (2) Deposits of domestic insurers if made pursuant to the laws of o…

Such deposits shall be held for purposes set forth in §§ 58-7-8 to 58-7-12 , inclusive. Source: SL 1966, ch 111 , ch 7, § 3.

All such deposits required under §§ 58-6-33 to 58-6-35 , inclusive, for authority to transact insurance in this state shall consist of certificates of deposit, or any combination of securities of the kinds described in §§ 58-27-9 , 58-27-11 , 58-27-12 , 58-27-14 , and 58-27-15 . …

All other deposits of a domestic insurer held in this state pursuant to the laws of another state, province, or country shall be comprised of assets of the kinds described in § 58-7-8 , and of such additional securities required or permitted by the laws of such state, province, o…

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…

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…

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.

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…

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 …

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…

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…

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…

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).

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).

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 …

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…

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…

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…

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…

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…

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. …

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…

It is intended that certain insurance coverages may come within the definitions of two or more kinds of insurance as defined in this chapter, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of w…

"Marine and transportation insurance" includes "marine protection and indemnity insurance," meaning insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, r…

"Casualty insurance" includes vehicle insurance, insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and aga…

"Casualty insurance" includes automobile guaranty insurance, insurance of the mechanical condition, or freedom from defective or worn parts or equipment, of motor vehicles. Source: SL 1966, ch 111 , ch 4, § 6 (1) (b).

"Casualty insurance" includes liability insurance, insurance against legal liability for the death, injury, or disability of any human being, or for damage to property; and provision of medical, hospital, surgical, disability benefits to injured persons and funeral and death bene…

"Casualty insurance" includes workers' compensation insurance, insurance of the obligations accepted by, imposed upon, or assumed by employers under law for death, disablement, or injury of employees. Source: SL 1966, ch 111 , ch 4, § 6 (1) (d).

"Casualty insurance" includes burglary and theft insurance, insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation, or wrongful conversion, disposal, or concealment, or from any attempt at any of the fore…

"Casualty insurance" includes personal property floater insurance, insurance upon personal effects against loss or damage from any cause, under a personal property floater. Source: SL 1966, ch 111 , ch 4, § 6 (1) (f).

"Casualty insurance" includes insurance against loss or damage to glass, including its lettering, ornamentation, and fittings. Source: SL 1966, ch 111 , ch 4, § 6 (1) (g).

"Casualty insurance" includes boiler and machinery insurance, insurance against any liability and loss or damage to property or interest resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery, or apparatus, and to make inspection of and issue …

"Casualty insurance" includes leakage and fire extinguishing equipment insurance, insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus, water pipes or contai…

"Life insurance" is insurance on human lives. Life insurance includes also the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured's disability, and optional modes of s…

"Casualty insurance" includes credit insurance, insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured. Source: SL 1966, ch 111 , ch 4, § 6 (1) (j).

"Casualty insurance" includes malpractice insurance, insurance against legal liability of the insured, and against loss, damage, or expense incidental to a claim of such liability, and including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of…

"Casualty insurance" includes insurance against congenital defects in human beings. Source: SL 1966, ch 111 , ch 4, § 6 (1) (l).

"Casualty insurance" includes livestock insurance, insurance against loss of or damage to livestock, and services of a veterinary for such animals. Source: SL 1966, ch 111 , ch 4, § 6 (1) (m).

"Casualty insurance" includes elevator insurance, insurance against loss of or damage to any property of the insured, resulting from the ownership, maintenance or use of elevators, except loss or damage by fire. Source: SL 1966, ch 111 , ch 4, § 6 (1) (n).