Title 58, INSURANCE

A filer may resubmit a policy form that corrects any deficiencies or resubmit a disapproved policy form, and a revised certification, within thirty days of its receipt of the director's notice of deficiencies or disapproval. Any policy form not resubmitted within thirty days of t…

The director shall review the resubmitted filing and certification, and shall approve or disapprove it within thirty days. Notice of deficiencies or disapproval shall be in writing and shall provide a detailed description of the reasons for the disapproval and sufficient detail f…

Except as provided in this section, the director may not disapprove a resubmitted policy form for reasons other than those initially set forth in the original notice of deficiencies or disapproval. The director may disapprove a resubmitted policy form for reasons other than those…

The director may return a grossly inadequate filing to the filer without triggering any of the time deadlines set forth in §§ 58-11-64 to 58-11-76 , inclusive. For purposes of this section, a grossly inadequate filing means a filing that fails to provide key information, includin…

Except in cases of a material error or omission in a policy form that has been approved or deemed approved pursuant to the provisions of §§ 58-11-64 to 58-11-76 , inclusive, the director may not: (1) Retroactively disapprove a filing; or (2) With respect to those policy forms, ex…

The provisions of §§ 58-11-64 to 58-11-76 , inclusive, do not apply to existing approved or deemed-approved policy forms except upon policy renewal or anniversary date. Source: SL 2008, ch 261 , § 12.

If a rate filing or marketing material is required to be filed or approved for a specific policy form, the time frames for review, approval or disapproval, resubmission, and re-review of those rates or materials shall be the same as those provided in §§ 58-11-64 to 58-11-76 , inc…

Any insurer may make a written request to the director to appeal a disapproval of a rate or policy form filing pursuant to this chapter, by requesting a hearing within thirty days of the date of the disapproval. A notice of hearing shall be issued within thirty days of receipt of…

Every assessable policy delivered or issued for delivery in this state by an insurer, together with any application therefor shall have conspicuously printed near the top of the face of such policy and application thereof in bold - face type of a size not less than the largest ty…

No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle r…

For the purpose of uninsured motorist coverage the term "uninsured motor vehicle" shall be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified there…

No automobile insurer may increase the premium rate as a result of a conviction, adjudication of delinquency or revocation under § 32-12-52.3 . Source: SL 1990, ch 249 , § 2.

No automobile insurer may increase the premium rate as a result of a conviction, adjudication of delinquency or revocation under § 32-12-52.4 . Source: SL 1990, ch 250 , § 2.

Any automobile policy and certificate of insurance which is issued on any automobile registered or principally garaged in this state and which does not provide bodily injury and property damage liability insurance, shall contain the following notice in ten point, or larger, bold …

An insurance policy covering a private passenger automobile or other motor vehicle registered or principally garaged in this state may by written agreement with the named insured exclude a named individual from coverage. The policy may also contain a restrictive endorsement reduc…

No motor vehicle liability policy of insurance may be issued or delivered in this state with respect to any motor vehicle registered or principally garaged in this state, except for snowmobiles, unless underinsured motorist coverage is provided therein at a face amount equal to t…

Subject to the terms and conditions of such underinsured motorist coverage, the insurance company agrees to pay its own insured for uncompensated damages as its insured may recover on account of bodily injury or death arising out of an automobile accident because the judgment rec…

The issuer of the underinsured motorist coverage is subrogated to any amounts the insurer so pays and, upon payment, has an assignment of the judgment against the other party to the extent of the money paid. Refusal of the issuer of the underinsured motorist coverage to waive its…

In no case may an insured's uninsured motorist coverage limits and underinsured motorist coverage limits be added together to determine the limit of insurance coverage available to an injured person for any one accident. However, this provision does not preclude recovery under bo…

Regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the insured's policy, or premiums paid, in no event may the limit of liability for uninsured motorist coverage for two or more of the insured's motor vehi…

Regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the insured's policy, or premiums paid, in no event may the limit of liability for underinsured motorist coverage for two or more of the insured's motor v…

Terms used in this chapter, unless the context otherwise clearly requires: (1) "Company" or "insurer," any life or health insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofit medical service corporat…

This chapter applies to any policy delivered or issued for delivery in this state by any company on or after the date such forms must be approved under this chapter, but nothing in this chapter applies to: (1) Any policy which is a security subject to federal jurisdiction; (2) An…

In addition to any other requirements of law, no policy forms, except as stated in § 58-11A-4 , may be delivered or issued for delivery in this state on or after the dates such forms must be approved under this chapter, unless: (1) The text achieves a minimum score of forty on th…

Other reading tests may be approved by the director of the Division of Insurance for use as an alternative to the Flesch Reading Ease Tests if it is comparable in result to the Flesch Reading Ease Test. Source: SL 1981, ch 360 , § 4.

Filings subject to this chapter shall be accompanied by a certificate signed by an officer of the insurer stating that it meets the minimum reading ease score on the test used or stating that the score is lower than the minimum required by § 58-11A-3 but should be approved in acc…

The director of the Division of Insurance may authorize a lower score than the Flesch Reading Ease Score required in § 58-11A-3 whenever, in his sole discretion, he finds that a lower score will provide a more accurate reflection of the readability of a policy form, is warranted …

A policy form meeting the requirements of § 58-11A-3 shall be approved notwithstanding the provisions of any other laws which specify the content of policies if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to u…

Except as provided in § 58-11A-2 , this chapter applies to all policy forms filed on or after July 1, 1983. No policy form may be delivered or issued for delivery in this state on or after July 1, 1986, unless approved by the director of the Division of Insurance or permitted to …

Nothing in this chapter may be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified. Source: SL 1981, ch 360 , § 9.

An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of the requirement so to furnish forms, have any re…

If an annuity contract so provides, the benefits, rights, privileges, or options accruing under such contract to a beneficiary or assignee shall not be transferable nor subject to commutation, and if the benefits are payable periodically or at stated times, the same exemptions an…

Whenever the proceeds of or payments under a life or health insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract, or the exercise of any right or privilege thereunder, payment thereof by the ins…

The director shall prescribe the use of nationally recognized uniform health insurance claim forms for hospitals and other medical or dental providers and for governmental agencies which shall be used and accepted by all insurers transacting health insurance, providing medical co…

An insurer, governmental agency, hospital, or other medical or dental provider does not violate § 58-12-12 by using a claim form or explanation of benefit form which the insurer, governmental agency, hospital, or other medical or dental provider has been required to use by federa…

The director of insurance may, pursuant to chapter 1-26 , promulgate rules for the creation, design, implementation, and use of uniform health insurance claim forms and explanation of benefit forms. Source: SL 1994, ch 381 , § 7.

For the purposes of §§ 58-12-15 to 58-12-18 , inclusive, paintless dent repair is any auto body repair that removes minor dents by using specifically designed tools to manipulate and flex the metal from the backside of the dent without the necessity of sanding, priming, or painti…

Any insurer providing commercial or personal motor vehicle insurance in this state responsible for repairing a damaged vehicle for which it is liable shall provide sufficient compensation to the insured to restore the vehicle to substantially the same physical condition as prior …

If, for any portion of the vehicle's damage that the insurer has a duty to repair, the paintless dent repair method is inappropriate, the insurer shall compensate the insured for the amount necessary to complete the repairs in the local market area of the insured. The insurer may…

An insurer may comply with § 58-12-16 by entering into an agreement with a repairer that guarantees repairs and by notifying the insured of such an agreement. Source: SL 2000, ch 239 , § 4.

As used in §§ 58-12-19 to 58-12-21 , inclusive, the term, clean claim, means a claim for which there is no need for additional information to determine eligibility or adjudicate the claim. The term, clean claim, does not include a claim for payment of expenses incurred during a p…

Without limitation of any right or defense of an insurer, none of the following acts by an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder: (1) Acknowledgment of the receipt of notice of loss or claim under t…

Each clean claim shall be paid to the person entitled thereto, denied, or settled within thirty calendar days after receipt by the carrier if submitted electronically and within forty - five calendar days after receipt by the carrier and if the claim is payable under the plan. If…

Sections 58-12-19 to 58-12-21 , inclusive, apply to any health insurer or health maintenance organization that issues health insurance coverage pursuant to chapters 58-17 , 58-18 , 58-18B , 58-37A , 58-38 , 58-39 , 58-40 , and 58-41 . Nothing in §§ 58-12-19 to 58-12-21 , inclusiv…

Within sixty days of a request from the department, the department and an insurer shall negotiate an acceptable format for the transmission of information from the insurer's database of policy holders, sponsors, subscribers, covered individuals in South Dakota, and coverage dates…

Notwithstanding any provision of a policy, plan, contract, or certificate, an insurer shall recognize that an application for medical assistance or acceptance of medical assistance, paid by the Department of Social Services operates as a release of any information kept by the ins…