Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-11-57 Assigned risk plan for automobile liability insurance
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After consultation with insurance companies authorized to issue automobile liability policies in this state, the director of the Division of Insurance shall approve reasonable plans for the equitable apportionment of motor vehicle liability policies of applicants who are in good …
SDCL § 58-11-6 Policy not to contain provisions inconsistent with standard or uniform provisions--Substitute provision, approval by director
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No policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used, but the director may approve any substitute provision which is, in his opinion, not less favorable in any particular to the insured or benefi…
SDCL § 58-11-62 Notice of intent to cease marketing block of business--What constitutes cessation of marketing block of business
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No insurer may cease marketing a block of business in this state unless, at least ninety days prior to the cessation of marketing, the insurer submits to the director written notice of the intent to cease marketing, including a statement of the facts and causes for cessation. Ces…
SDCL § 58-11-63 Regulation of form and content of policies, policy forms, standards, and procedures for filings, cancellation, and nonrenewal of policies
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The division may promulgate rules pursuant to chapter 1-26 to establish specific requirements for the regulation of the form and content of policies and policy forms, standards, and procedures for filings, and the cancellation and nonrenewal of policies as found in this chapter. …
SDCL § 58-11-64 Definition of terms
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Terms used in §§ 58-11-64 to 58-11-76 , inclusive, mean: (1) "Accident and health carrier," an entity licensed to offer accident and health insurance in this state, or subject to the insurance laws of this state, or subject to the jurisdiction of the director, that contracts or o…
SDCL § 58-11-65 Carriers subject to filing requirements
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Sections 58-11-64 to 58-11-76 , inclusive, apply to any individual or group health policy form issued by a carrier as defined in subdivision 58-18B-1(3) required to be filed with the director for review or approval. Source: SL 2008, ch 261 , § 2.
SDCL § 58-11-66 Filing and director approval required
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No policy form subject to the provisions of §§ 58-11-64 to 58-11-76 , inclusive, may be delivered or issued for delivery in this state, unless it has been filed with and approved by the director. Source: SL 2008, ch 261 , § 3.
SDCL § 58-11-67 Filing requirements--Availability on internet
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The director shall create a document containing filing requirements for each type of insurance. The document shall contain a list of all product filing requirements contained in the statutes and rules and published bulletins in this state with appropriate citations to each, inclu…
SDCL § 58-11-68 Filer to indicate location of each requirement on policy form filing
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A filer shall submit a copy of the document with a policy form filing, indicating the location within the policy form or supplemental documents for each requirement contained in the document, and certifying that the policy form meets all requirements of state law. Source: SL 2008…
SDCL § 58-11-69 Approval or disapproval of filing--Review period
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The director shall review and approve, provide notice of deficiencies, or disapprove the initial filing within sixty days of receipt. At the end of the review period, the form is deemed approved if the director has taken no action. Any notice of deficiencies or disapproval shall …
SDCL § 58-11-7 Substitute provisions required by law of domicile of foreign or alien insurer, approval by director
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In lieu of the provisions required by this title for contracts for particular kinds of insurance, substantially similar provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the director. Source: SL 1966, ch 111 , ch 22, § 15 (3…
SDCL § 58-11-70 Correction of deficiencies
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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…
SDCL § 58-11-71 Review of resubmitted filing--Review period
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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…
SDCL § 58-11-72 Resubmitted form not to be disapproved for reasons other than in initial disapproval--Exceptions
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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…
SDCL § 58-11-73 Grossly inadequate filings
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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…
SDCL § 58-11-74 Limitations on director's authority
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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…
SDCL § 58-11-75 Application to existing approved policy forms
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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.
SDCL § 58-11-76 Construction with other time periods
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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…
SDCL § 58-11-77 Appeal of disapproval of rate or policy form filing
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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…
SDCL § 58-11-8 Assessable policies--Special contents
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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…
SDCL § 58-11-9 Motor vehicle insurance--Uninsured motorist and hit - and - run coverage--Amount of coverage--Uninsured motorist coverage not required for government owned vehicles
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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…
SDCL § 58-11-9.1 Motor vehicle insured by insolvent liability insurer defined as uninsured--Rights of insurer making payment under uninsured motorist coverage
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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…
SDCL § 58-11-9.10 Increase in automobile insurance premiums due to drug - related offenses prohibited
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No automobile insurer may increase the premium rate as a result of a conviction, adjudication of delinquency or revocation under §
SDCL § 58-11-9.11 Increase in automobile insurance premiums due to certain alcohol - related offenses by a minor prohibited
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No automobile insurer may increase the premium rate as a result of a conviction, adjudication of delinquency or revocation under §
SDCL § 58-11-9.2 Notice required when automobile policy does not include liability insurance
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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 …
SDCL § 58-11-9.3 Exclusion of named person or reduction of coverage in motor vehicle policy--Minimum liability coverage
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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…
SDCL § 58-11-9.4 Underinsured motorist coverage to be available with liability policies--Limitation of coverage--Exception
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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…
SDCL § 58-11-9.5 Payment to insured for portion of judgment not collected from underinsured motorist--Coverage limits
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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…
SDCL § 58-11-9.6 Subrogation of insurer--Assignment of judgment--Liability issuer allowed to pay limits under policy
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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…
SDCL § 58-11-9.7 Adding of insured's uninsured and underinsured motorist coverage limits prohibited--Exception
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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…
SDCL § 58-11-9.8 Adding of uninsured motorist coverage limits for multiple vehicles prohibited
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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…
SDCL § 58-11-9.9 Adding of underinsured motorist coverage limits for multiple vehicles prohibited
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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…
SDCL § 58-11A-1 Definitions
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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…
SDCL § 58-11A-2 Policies subject to chapter
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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…
SDCL § 58-11A-3 Reading ease--Printing--Style--Index or table of contents
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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…
SDCL § 58-11A-4 Alternate reading ease tests
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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.
SDCL § 58-11A-5 Certificate concerning reading ease--Additional information--Evaluation of attachments to policy
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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…
SDCL § 58-11A-6 Variation of reading ease requirement--Grounds
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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 …
SDCL § 58-11A-7 Other laws governing policy contents
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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…
SDCL § 58-11A-8 Dates after which policies must comply with this chapter--Extension
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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 …
SDCL § 58-11A-9 Law permitting issuance of policies after form on file for specified period
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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.
SDCL § 58-12-1 Forms for proof of loss--Furnishing by insurer on request
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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…
SDCL § 58-12-10 Benefits, rights, privileges, or options nontransferable under annuity contract--Not subject to commutation--Exemption from execution
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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…
SDCL § 58-12-11 Payments under life or health insurance policy or annuity contract discharge insurer
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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…
SDCL § 58-12-12 Use of uniform health insurance claim forms
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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…
SDCL § 58-12-13 Use of claim forms required by federal law excepted
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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…
SDCL § 58-12-14 Promulgation of rules for uniform health insurance claim forms
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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.
SDCL § 58-12-15 Paintless dent repair defined
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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…
SDCL § 58-12-16 Motor vehicle insurer must provide sufficient compensation to restore vehicle to prior condition--Adjustment for paintless dent repair permitted--Conditions
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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 …
SDCL § 58-12-17 Compensation when paintless dent repair method inappropriate--Requiring unreasonable travel prohibited--Repair shop as payee only if insured agrees
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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…