Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-9-19 Casualty insurance including leakage and fire extinguishing equipment insurance
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"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…
SDCL § 58-9-2 Life insurance defined
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"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…
SDCL § 58-9-20 Casualty insurance including credit insurance
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"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).
SDCL § 58-9-21 Casualty insurance including malpractice insurance
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"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…
SDCL § 58-9-22 Casualty insurance including insurance against congenital defects
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"Casualty insurance" includes insurance against congenital defects in human beings. Source: SL 1966, ch 111 , ch 4, § 6 (1) (l).
SDCL § 58-9-23 Casualty insurance including livestock insurance
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"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).
SDCL § 58-9-24 Casualty insurance including elevator insurance
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"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).
SDCL § 58-9-25 Casualty insurance including entertainments insurance
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"Casualty insurance" includes entertainments insurance, insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancella…
SDCL § 58-9-26 Casualty insurance including loss from failure to file instrument relating to personal property
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"Casualty insurance" includes insurance against loss resulting from failure to file or record written instruments affecting the title of or creating a lien upon personal property. Source: SL 1966, ch 111 , ch 4, § 6 (1) (p).
SDCL § 58-9-27 Casualty insurance including other unclassified insurance
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"Casualty insurance" includes insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this chapter, if such insurance is not disapproved by the director of insurance as being contrary …
SDCL § 58-9-28 Medical, hospital, surgical, funeral, and accident insurance incidental to other insurance
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Provision of medical, hospital, surgical, and funeral benefits, and of coverage against accidental death or injury, as incidental to and part of other insurance as stated under §§ 58-9-11 , 58-9-13 , 58-9-15 , and 58-9-21 shall for all purposes be deemed to be the same kind of in…
SDCL § 58-9-29 Surety insurance including fidelity insurance
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"Surety insurance" includes fidelity insurance, insurance to guarantee the fidelity of persons holding positions of public or private trust. Source: SL 1966, ch 111 , ch 4, § 7 (1).
SDCL § 58-9-3 Health insurance defined
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"Health insurance" is insurance of human beings against bodily injury, disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, or childbirth, or against expenses incurred in prevention of sickness, …
SDCL § 58-9-30 Surety insurance including workers' compensation insurance
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"Surety insurance" includes insurance or guaranty of the obligations of employers under workers' compensation laws. Source: SL 1966, ch 111 , ch 4, § 7 (2).
SDCL § 58-9-31 Surety insurance including performance bonds
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"Surety insurance" includes insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings, and contracts of suretyship. Source: SL 1966, ch 111 , ch 4, § 7 (3).
SDCL § 58-9-32 Surety insurance including indemnification of banks, brokers, and financial institutions
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"Surety insurance" includes insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts, or other …
SDCL § 58-9-33 Title insurance defined
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"Title insurance" is the insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title. Source: SL 1966, ch 111 , ch 4, § 8. 58-9-34 to 58-9-45. Tra…
Burial insurance--Definition--Compliance with provisions concerning life insurers required
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Burial insurance as used in this section includes any kind of agreement, certificate, policy, contract, bond, assurance guarantee, or other arrangement, by bylaw, regulation or otherwise, in or by which the party issuing such certificate, policy, contract, bond, assurance guarant…
SDCL § 58-9-5 Property insurance defined
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"Property insurance" is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazards or causes, and against loss consequential upon such loss or damage, other than noncon…
SDCL § 58-9-6 Marine and transportation insurance defined--Vehicles--Goods transported
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"Marine and transportation insurance" includes insurance against any kind of loss or damage to vessels, craft, aircraft, cars, automobiles, and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious…
SDCL § 58-9-7 Marine and transportation insurance including personal injury or property damage
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"Marine and transportation insurance" includes insurance against any kind of loss or damage to person or to property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for loss of or damage to either, arising o…
SDCL § 58-9-8 Marine and transportation insurance including jewelry and precious metals
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"Marine and transportation insurance" includes insurance against any kind of loss or damage to precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwis…
SDCL § 58-9-9 Marine and transportation insurance including transportation structures
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"Marine and transportation insurance" includes insurance against any kind of loss or damage to bridges, tunnels, and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage, unl…
SDCL § 58-10-1 Application to all insurance and annuity contracts--Exceptions
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Chapters 58-10 to 58-12 , inclusive, apply as to all insurance contracts and annuity contracts, other than: (1) Reinsurance; (2) Policies or contracts not issued for delivery in this state or not delivered in this state, except as provided in §§ 58-11-12 to 58-11-20 , inclusive. …
SDCL § 58-10-10 Insurance against fire, tornado, or lightning--Measure of damages where property wholly destroyed
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Whenever any policy of insurance is written or renewed to insure any real property in this state, including structures on land owned by a person other than the insured, against loss by fire, tornado, or lightning and the property insured is wholly destroyed, without criminal faul…
SDCL § 58-10-11 Change of property interest on death of insured
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A change of interest, by will or succession, on the death of the insured, does not avoid an insurance of property and the insurance passes to the person taking his interest in the thing insured. Source: SL 1966, ch 111 , ch 22, § 7.
SDCL § 58-10-12 Transfer of property interest between joint insureds
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A transfer of interest by one of several partners, joint owners, or owners in common, who are jointly insured, to the others, does not avoid an insurance of property even though it has been agreed that the insurance shall cease upon an alienation of the thing insured. Source: SL …
SDCL § 58-10-13 Trust defined
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For purposes of subdivision 58-10-4(6), the term, trust, includes any trust, including a business trust, and the term, beneficiary, includes the interest of any beneficiary in a trust, including a beneficial owner of a business trust. Source: SL 2006, ch 251 , § 2.
SDCL § 58-10-14 Business trust defined
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For purposes of subdivision 58-10-4(6), the term, business trust, means a business trust subject to chapter 47-14A or chapter 47-14B . Source: SL 2006, ch 251 , § 3.
SDCL § 58-10-15 Trust to be governed by South Dakota law
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An insurance contract for which an insurable interest exists under subdivision 58-10-4(6), is a life insurance policy issued for delivery to a trust governed by South Dakota law. Source: SL 2006, ch 251 , § 4.
SDCL § 58-10-16 Retroactive effect of statutory provisions regarding trusts
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The provisions of subdivision 58-10-4(6) and §§ 58-10-13 to 58-10-15 , inclusive, are effective retroactively to November 2, 1889. Source: SL 2006, ch 251 , § 5.
SDCL § 58-10-17 Creation of entity to purchase, hold, or administer insurance contract on life of individual settlor
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A person who has an insurable interest in the life of an individual settlor pursuant to subdivisions 58-10-4(1) to (6), may create an entity solely for the purpose of purchasing, holding, or administering an insurance contract on the life of the individual settlor. Neither an ins…
SDCL § 58-10-2 Policy defined
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"Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a part thereof. Source: SL 1966, ch 111 , ch 22, § 2.
SDCL § 58-10-3 Procurement of insurance on own life or body for benefit of another--Interest required for insurance on life or body of another
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Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But no person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefi…
SDCL § 58-10-4 Insurable interest in personal insurance defined
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Insurable interest with reference to personal insurance includes only interests as follows: (1) Interests in individuals related closely by blood, marriage, or by law, a substantial interest engendered by love and affection; (2) For other persons, a lawful and substantial economi…
SDCL § 58-10-5 Insurance benefits recoverable from beneficiary without insurable interest
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If the beneficiary, assignee, or other payee under any contract made in violation of § 58-10-3 receives from the insurer any benefits thereunder accruing upon the death, disablement, or injury of the individual insured, the individual insured or his personal representative, as th…
SDCL § 58-10-6 Consent of insured required for life or health insurance on an individual
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No life or health insurance contract upon an individual, except a contract of group life insurance or of group or blanket health insurance, shall be made or become effective unless at the time of the making of the contract such individual applies therefor or has consented thereto…
SDCL § 58-10-6.1 Assignment of incidents of ownership under life insurance policy--Assignment before July 1, 1989, enforceable
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Subject to the policy terms on assignment, a person whose life is insured under a policy of life insurance may assign with his spouse's written consent any or all incidents of ownership granted him under the policy, including but not limited to any right to designate a beneficiar…
SDCL § 58-10-7 Insurance of property--Insurable interest required
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No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss. Source: SL 1966, ch 111 , ch 22, …
SDCL § 58-10-8 Insurable interest in property defined
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"Insurable interest" as used in §§ 58-10-7 and 58-10-9 means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment. Source: SL 1966, ch 111 , ch 22, § 6 (2…
SDCL § 58-10-9 Measure of insurable interest in property
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The measure of an insurable interest in property is the extent to which the insured might be directly damnified by loss, injury, or impairment thereof. Source: SL 1966, ch 111 , ch 22, § 6 (3).
SDCL 32-12-52.3
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Source: SL 1990, ch 249 , § 2.
SDCL 32-12-52.4
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Source: SL 1990, ch 250 , § 2.
SDCL § 58-11-1 Premium defined
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Premium is the consideration for insurance by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or other charge in consideration for an insurance contract is deemed part of the premium. However, the premium for title insu…
SDCL § 58-11-10 Additional policy provisions--Approval of director
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A policy may contain additional lawful provisions, including reasonable policy exclusions, not inconsistent with this title, subject to the director's approval. Source: SL 1966, ch 111 , ch 22, § 18; SL 2010, ch 235 , § 1.
SDCL § 58-11-11 Charter and bylaws, inclusion as part of contract of insurance--Subscriber's agreement or power of attorney of a reciprocal insurer as part of contract
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No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer, other than the subscriber's agreement or power of attorney of a reciprocal insurer, a part of the contract unless such portion is set forth in…
SDCL § 58-11-13 Policies exempt from form provisions
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Section 58-11-12 shall not apply to surety bonds, or to specially rated inland marine risks, nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insurance upon a particular subject, or which relate to the manner of distributi…
SDCL § 58-11-14 Continuation of use of prior filings until otherwise prescribed
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Every form of insurance document and every rate or other filing lawfully in use immediately prior to July 1, 1966, may continue to be so used until the director otherwise prescribes pursuant to this title. Source: SL 1966, ch 111 , ch 22, § 13 (5).
SDCL § 58-11-15 Order of director exempting insurance documents from requirements as to form
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The director may, by order, exempt from the requirements of § 58-11-12 for so long as he deems proper, any insurance document or form or type thereof as specified in such order, to which, in his opinion, said section may not practically be applied, or the filing and approval of w…
SDCL § 58-11-16 Property, marine and transportation, casualty and surety insurance coverages--Filing of forms by rating organizations
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As to forms for use in property, marine and transportation, casualty and surety insurance coverages, the filing required by § 58-11-12 may be made by rating organizations on behalf of its members and subscribers; but this provision shall not be deemed to prohibit any such member …