Title 58, INSURANCE
79 chapters · 3,426 sections in this title.
SDCL § 58-1-1 Citation of title
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This title shall be known as the Insurance Code. Source: SL 1966, ch 111 , § 1.
SDCL § 58-1-10 Existing licenses--Renewal, suspension, revocation or termination
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Every license of an insurance producer in force immediately prior to July 1, 1966, and existing under any law herein repealed by chapter 111 of the Session Laws of 1966, shall be subject to renewal, suspension, revocation, or termination as though originally issued under this tit…
SDCL § 58-1-11 General saving clause
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Enactment of this title shall not impair or affect any act done, offense committed or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to July 1, 1966, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, …
SDCL § 58-1-12 Applicability of title under unrepealed laws
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Any laws of South Dakota, other than this title, remaining in force after July 1, 1966, which refer to certain provisions of law repealed by chapter 111 of the Session Laws of 1966, shall be deemed to refer to those provisions of this title which are in substance the same or subs…
SDCL § 58-1-13 Severability of provisions
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If any provision of this title or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions of this title or any other application which can be given effect without the invalid provision or applicat…
SDCL § 58-1-14 Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions
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Notice of refusal to renew an insurance policy as defined in §§ 58-9-5 to 58-9-30 , inclusive, 58-9-32 and 58-9-33 is not effective unless mailed or delivered by the insurer to the named insured at least sixty days before the effective renewal date. The policy provisions control …
SDCL § 58-1-14.1 Notice of refusal to renew--Thirty - day delivery requirement--Exception
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Notice of refusal to renew an insurance policy as defined in § 58-9-31 is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. The policy provisions control if the policy provides for a notice of refu…
SDCL § 58-1-15 Homeowner's insurance policy defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception
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Notice of refusal to renew, as provided in § 58-1-14 , does not apply to a homeowner's insurance policy which shall for the purposes of § 58-1-14 mean a policy normally written by the insurer as a standard homeowner's package policy or as a standard residential renter's package p…
SDCL § 58-1-16 Exemption of charitable gift annuity from insurance regulation--Qualified organization
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No provision of Title 58 applies to any qualified organization which issues a charitable gift annuity within this state if the qualified organization has operated for a period of ten years and has a minimum of five hundred thousand dollars in unrestricted cash, cash equivalents, …
SDCL § 58-1-16.1 Applicability of § 58-1-16
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The provisions of § 58-1-16 do not apply to any qualified organization that met the requirements of § 58-1-16 and issued any charitable gift annuity prior to July 1, 2001. Source: SL 2001, ch 265 , § 2.
SDCL § 58-1-17 Disclosure statement for issuance of charitable gift annuity
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Any qualified organization which issues a charitable gift annuity shall include on its promotional literature and the charitable gift annuity the following disclosure statement in ten point bold type or larger: "Charitable gift annuities are not regulated by and are not under the…
SDCL § 58-1-19 Health benefit plans to issue uniform prescription drug information card--Exception--Director to prescribe format and contents
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Any health benefit plan that provides coverage for prescription drugs or devices on an outpatient basis, or administers such a plan, including third - party administrators for self - insured plans and state - administered plans, shall issue to its primary insured a card or other …
SDCL § 58-1-2 Definition of terms
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Terms used in this title mean: (1) "Alien insurer," one formed under the laws of any country or jurisdiction other than the United States of America, its states, districts, territories, and commonwealths; (2) "Authorized insurer," one authorized, by a subsisting certificate of au…
SDCL § 58-1-20 Prescription drug information card to be issued upon enrollment--Reissuance
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A health benefit plan shall issue a card or other technology required by § 58-1-19 upon enrollment. The card or technology shall be reissued upon any change in the insured's coverage that impacts data contained on the card or upon any change in the format adopted by the director …
SDCL § 58-1-21 Health benefit plan defined for purposes of §§ 58-1-19 to 58-1-23
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As used in §§ 58-1-19 to 58-1-23 , inclusive, the term, health benefit plan, means an accident and health insurance policy or certificate; a nonprofit hospital or medical service corporation contract; a health maintenance organization subscriber contract; a plan provided by a mul…
SDCL § 58-1-22 Applicability of §§ 58-1-19 to 58-1-23
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Sections 58-1-19 to 58-1-23 , inclusive, applies to health benefit plans that are delivered, issued for delivery, or renewed on and after July 1, 2002. For purposes of §§ 58-1-19 to 58-1-23 , inclusive, renewal of a health benefit policy, contract, or plan is presumed to occur on…
SDCL § 58-1-23 Director to enforce provisions--Promulgation of rules
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The director of insurance shall enforce the provisions of §§ 58-1-19 to 58-1-23 , inclusive. The director of insurance may promulgate rules pursuant to chapter 1-26 to establish the format and elements of information for the uniform information card or technology to be used in th…
SDCL § 58-1-24 Definitions related to genetic testing
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Terms used in §§ 58-1-25 , 58-1-25 .1, and 58-18-87 mean: (1) "Genetic information," hereditary information obtained from an individual's genetic test or a genetic test of a family member. The term includes hereditary information obtained from genetic services and participation i…
SDCL § 58-1-25 Use of genetic tests in offer, sale, or renewal of insurance prohibited
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No health carrier, life insurer, or long-term care insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, may, in connection with the offer, sale, or renewal of insurance: (1) Require or r…
SDCL § 58-1-25.1 Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer
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Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from …
SDCL § 58-1-26 Retention of records
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Any insurer, nonprofit, surgical, dental or hospital plan, a health maintenance organization, or any other person required to be licensed or registered under this title shall retain all books and records that are subject to examination pursuant to chapter 58-3 for a period of not…
SDCL § 58-1-27 Transmission of electronic documents--Definitions
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Terms used in §§ 58-1-27 to 58-1-39 , inclusive, mean: (1) "Covered employee," an individual participating in a group health plan who is entitled to notices and documents and who is an employee of the sponsor or policyholder of the group health plan; (2) "Covered person," an indi…
SDCL § 58-1-28 Transmission and storage of electronic documents permitted
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Subject to § 58-1-30 , any notice to a party or any other document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of chapter 5…
SDCL § 58-1-29 Delivery by electronic transmission equivalent to other delivery methods
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Delivery of a notice or document in accordance with the provisions of §§ 58-1-27 to 58-1-39 , inclusive, is equivalent to any delivery method required under applicable law. Source: SL 2014, ch 230 , § 3.
SDCL § 58-1-3 Exemption from title of certain entities and transactions
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No provision of this title applies with respect to: (1) Fraternal benefit societies, except as stated in chapter 58-37A ; (2) Bail bondsmen, other than corporate sureties and their agents, except as stated in chapter 58-22 ; (3) Motor vehicle service contracts or agreements to pe…
SDCL § 58-1-3.1 Application to business including medical, surgical, or hospital care benefits
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Notwithstanding any other provision of law, any person, trust, or other entity transacting the business of insurance within this state shall comply with the applicable provisions of the Insurance Code, unless specifically exempted by § 58-1-3 , when the business transacted includ…
SDCL § 58-1-3.2 Direct response and mass marketing as insurance transaction
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The Division of Insurance may regulate a person, trust, or other entity using direct response or mass market advertising within this state regardless of the source of the direct response or mass marketing advertisement if the advertisement is intended to place insurance within th…
SDCL § 58-1-3.3 Health care sharing ministries exempt from title
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A health care sharing ministry may not be considered to be engaging in the business of insurance under Title 58. For purposes of this section, a health care sharing ministry is a faith-based, nonprofit organization that is tax exempt under the Internal Revenue Code and: (1) Limit…
SDCL § 58-1-3.4 Health benefit plan--Agricultural organization--Exemption
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A health benefit plan is not insurance and is not subject to this title, if: (1) The plan provides health benefits under a self-funded arrangement, administered by an entity licensed as a third-party administrator in accordance with chapter 58-29D ; and (2) The plan is sponsored …
SDCL § 58-1-30 Conditions for transmission of electronic documents
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An insurer may only deliver a notice or document to a party by electronic means pursuant to §§ 58-1-27 to 58-1-39 , inclusive, if: (1) The party affirmatively consents to the electronic delivery and has not withdrawn the consent; (2) The insurer provides the party with a clear an…
SDCL § 58-1-30.1 Transmission of electronic documents--Consent by sponsor or policyholder
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Notwithstanding § 58-1-30 , a sponsor or policyholder of a group health plan may consent to notices and documents delivered by electronic means, unless there is a federal requirement for a specific mode of delivery, on behalf of the sponsor or policyholder's covered employees and…
SDCL § 58-1-30.2 Transmission of electronic documents--Requirements for effective consent
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For consent to be effective under § 58-1-30.1 , the sponsor or policyholder must: (1) Assign each covered employee for whom consent is being given an electronic mail address for employment-related purposes at which the employee may receive or access notifications regarding posted…
SDCL § 58-1-30.3 Transmission of electronic documents by consent--Paper notification
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The paper form notification, as described in § 58-1-30.2 , must: (1) Notify the covered employee or covered person that notices and documents for the group health plan will be posted to an internet site to which the covered employee or covered person will have reasonable access; …
SDCL § 58-1-30.4 Transmission of electronic documents by consent--Notice of document by electronic means
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The notice, as described in § 58-1-30.2 , may be delivered by electronic means to the covered employee's or covered person's designated electronic mail address or smart device number and must contain: (1) A prominent statement that important information regarding the group health…
SDCL § 58-1-31 Content and timing requirements unaffected
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Nothing in §§ 58-1-27 to 58-1-39 , inclusive, affects any requirement related to content or timing of any notice or document otherwise required pursuant to applicable law. Source: SL 2014, ch 230 , § 5.
SDCL § 58-1-32 Verification or acknowledgment of receipt
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If a provision of applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may only be delivered by electronic means if the method used provides for verif…
SDCL § 58-1-33 Effect of failure to obtain electronic consent or confirmation
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The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subsection 58-1-30(3)(b). Source…
SDCL § 58-1-34 Withdrawal of consent
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A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective. A withdrawal of consent by a party is effective within a reaso…
SDCL § 58-1-35 Documents delivered electronically before July 1, 2014
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The provisions of §§ 58-1-27 to 58-1-39 , inclusive, do not apply to a notice or document delivered by an insurer in an electronic form before July 1, 2014 to a party who, before that date, consented to receive notice or document in an electronic form otherwise allowed by law. So…
SDCL § 58-1-36 Notice to parties consenting to electronic transmission before July 1, 2014
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If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before July 1, 2014, and pursuant to §§ 58-1-27 to 58-1-39 , inclusive, an insurer intends to deliver additional notices or documents to such party in an electronic …
SDCL § 58-1-37 Oral communications and recordings--Electronic signatures
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Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party is reliably stored and reproduced by an insurer, the oral communication or recording qualifies as a notice or document delivered by electronic means for purposes of …
SDCL § 58-1-38 Conditions for posting property and casualty policy or endorsement on insurer's website
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Notwithstanding any other provision of §§ 58-1-27 to 58-1-39 , inclusive, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's web…
SDCL § 58-1-39 Products and documents to which §§ 58-1-27 to 58-1-39 apply
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The provisions of §§ 58-1-27 to 58-1-39 , inclusive, apply to the insurance products and documents, including insurance policies, insurance riders, insurance endorsements, and annuity contracts filed with and regulated by the director pursuant to this title. Source: SL 2014, ch 2…
SDCL § 58-1-4 Particular provisions prevail
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Provisions of this title relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general. Source: SL 1966, ch 111 , ch 1, § 5.
SDCL § 58-1-40 English version of policy controls--Transactions in another language permitted
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The controlling version of any insurance policy offered in South Dakota shall be the English version. An authorized insurer, as defined in subdivision 58-1-2(2), may conduct transactions in a language other than English through an employee or agent acting as interpreter or throug…
SDCL § 58-1-41 Policies and advertising in language other than English permitted
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An authorized insurer, as defined in subdivision 58-1-2(2), may provide insurance policies, endorsements, riders, and any explanatory or advertising materials in a language other than English. If there is a dispute or complaint regarding the insurance or advertising material, the…
SDCL § 58-1-42 Statement attesting that policy in language other than English is translation of policy approved by division
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An authorized insurer, as defined in subdivision 58-1-2(2), providing a policy as authorized in § 58-1-41 may only offer that policy after the insurer has first filed a statement with the Division of Insurance attesting that the policy in a language other than English is the tran…
SDCL § 58-1-43 Policy statement that dispute resolved by English version
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A policy offered in a language other than English must clearly state in the language of that policy being marketed, that if a dispute or complaint occurs regarding the meaning of the policy, the dispute shall be resolved by the English version interpretation. Source: SL 2018, ch …
SDCL § 58-1-44 Unfair trade provisions not abrogated
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Nothing contained in §§ 58-1-40 to 58-1-43 , inclusive, shall abrogate or supersede the provisions set forth in chapter 58-33 relating to unfair trade practices. Source: SL 2018, ch 277 , § 5.
SDCL § 58-1-45 Alternative delivery method for policies--Record
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An insurer may comply with the policy delivery requirements of §§ 58-15-8.2 , 58-15-59.2 , 58-17-11.1 , 58-17A-8.1 , and 58-28-24.2 by one of the following alternative delivery methods: (1) Via first-class mail using an intelligent mail barcode or another similar tracking method …