S.D. Codified Laws § 58-14-16.2 — SD Code / Title 58 / Chapter 14 / Section 58-14-16.2
Eligibility for certification as reinsurer
Status: in_force

In order to be eligible for certification as a reinsurer, the assuming insurer shall:

(1) Be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the director pursuant to §§ 58-14-16.4 to 58-14-16.6 , inclusive;

(2) Maintain minimum capital and surplus, or its equivalent, in an amount promulgated in rule by the director;

(3) Maintain financial strength ratings from two or more rating agencies deemed acceptable by the director pursuant to regulation;

(4) Agree to submit to the jurisdiction of this state, appoint the director as the assuming insurer's agent for service of process in this state, and agree to provide security for one hundred percent of the assuming insurer's liabilities attributable to reinsurance ceded by the United States ceding insurers if the assuming insurer resists enforcement of a final United States judgment;

(5) Agree to meet applicable information filing requirements as determined by the director, both with respect to an initial application for certification and on an ongoing basis; and

(6) Satisfy any other requirements for certification deemed relevant by the director.

Source: SL 2017, ch 211, § 13.
S.D. Codified Laws § 58-23A-7 — SD Code / Title 58 / Chapter 23A / Section 58-23A-7
Insurers and division not liable for official actions under chapter
Status: in_force

There is no liability on the part of, and no cause of action of any nature may arise against, an insurer reporting pursuant to this chapter or its insurance producers or employees, or the division or its representatives, for any action taken by them pursuant to this chapter.

Source: SL 1976, ch 316, § 6; SL 2001, ch 286, § 132.
S.D. Codified Laws § 58-33A-26 — SD Code / Title 58 / Chapter 33A / Section 58-33A-26
Corrective action for violations
Status: in_force

An insurer is responsible for compliance with §§ 58-33A-13 to 58-33A-27 , inclusive. If a violation occurs because of the action or inaction of the insurer or its producer, the director may order:

(1) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply by the insurer, an entity contracted to perform the insurer’s supervisory duties, or by its producer in violation of §§ 58-33A-13 to 58-33A-27 , inclusive;

(2) A producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of §§ 58-33A-13 to 58-33A-27 , inclusive; and

(3) A general agency or independent agency that employs or contracts with a producer to sell, or solicit the sale, of annuities to consumers, to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of §§ 58-33A-13 to 58-33A-27 , inclusive.

Any violation of §§ 58-33A-13 to 58-33A-27 , inclusive subjects the insurer, producer, or general agency or independent agency to suspension, revocation, refusal to renew a license, or to a monetary penalty as provided for under this title. However, the penalty may be reduced or eliminated, if corrective action for the consumer is taken promptly after a violation is discovered or the violation was not part of a pattern or practice.

Source: SL 2008, ch 273, § 14; SL 2012, ch 250, § 14; SL 2022, ch 186, § 28, eff. Jan. 1, 2023.
S.D. Codified Laws § 58-1-42 — SD Code / Title 58 / Chapter 1 / Section 58-1-42
Statement attesting that policy in language other than English is translation of policy approved by division
Status: in_force

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 translation of a policy form already filed and approved by the division.

Source: SL 2018, ch 277, § 3.
S.D. Codified Laws § 58-40-24 — SD Code / Title 58 / Chapter 40 / Section 58-40-24
Purchasing organization's responsibility for negotiating terms and conditions
Status: in_force

The organization shall be responsible for negotiating the terms and conditions of insurance contracts, collection of premiums, and providing notice to members.

Source: SL 1994, ch 382, § 3.
S.D. Codified Laws § 58-17H-50 — SD Code / Title 58 / Chapter 17H / Section 58-17H-50
Coverage for cancer treatment medication
Status: in_force

Any health benefit plan as defined in § 58-17H-2 that provides benefits for injected or intravenously administered cancer treatment medication used to kill or slow the growth of cancerous cells shall provide no less favorable benefits for prescribed, orally administered anticancer medication covered by the plan, regardless of the formulation or benefit category determination by the health plan.

Source: SL 2015, ch 252, § 1, eff. Jan. 1, 2016.
S.D. Codified Laws § 58-27-102 — SD Code / Title 58 / Chapter 27 / Section 58-27-102
Investment in company owned life insurance contracts
Status: in_force

An insurer may invest in company owned life insurance contracts if:

(1) The life insurance is whole life;

(2) The life insurance contract does not vest in any employee of the insurer; and

(3) The company is the beneficiary and has an insurable interest.

All cash values of life insurance contracts owned by the insurers under this section may not at any one time exceed five percent of the insurers' admitted assets.

Source: SL 1992, ch 350, § 25.
S.D. Codified Laws § 58-24-6.1 — SD Code / Title 58 / Chapter 24 / Section 58-24-6.1
Failure of rate to reflect difference in expected losses and expenses as unfair discrimination--Averaged group rates not unfairly discriminatory
Status: in_force

One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the difference in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors, or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise, or blanket policy.

Source: SL 1979, ch 341, § 11.
S.D. Codified Laws § 58-18-28 — SD Code / Title 58 / Chapter 18 / Section 58-18-28
Individual application and certificate not required under blanket policy
Status: in_force

An individual application shall not be required from a person covered under a blanket health policy or contract, nor shall it be necessary for the insurer to furnish each person a certificate.

Source: SL 1966, ch 111, ch 26, § 6.
S.D. Codified Laws § 58-7-39 — SD Code / Title 58 / Chapter 7 / Section 58-7-39
Certain depository or custodial requirements superseded
Status: reserved

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 requirements found in any other sections of this title.

Source: SL 1991, ch 398, § 20.
S.D. Codified Laws § 58-17-18 — SD Code / Title 58 / Chapter 17 / Section 58-17-18
Renewal of policy--Restriction on company's right to refuse
Status: in_force

A policy in which the insurer reserves the right to refuse renewal shall have the following clause at the beginning of the provision in § 58-17-17 ,

"Unless not less than thirty days prior to the premium due date the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted."

Source: SL 1966, ch 111, ch 25, § 6; SL 1977, ch 407, § 2.
S.D. Codified Laws § 58-30-163 — SD Code / Title 58 / Chapter 30 / Section 58-30-163
Nonresident license applicant--Reciprocity--Exception
Status: in_force

The director shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except for the requirements imposed by § 58-30-159 , if the applicant's home state awards nonresident licenses to residents of this state on the same basis. The director may issue a resident license for a type of license not specified in this title to a person for insurance activities which do not require licensure in this state provided that another state which that person does insurance business in requires such license.

Source: SL 2001, ch 286, § 23; SL 2010, ch 233, § 13.
S.D. Codified Laws § 58-6-59 — SD Code / Title 58 / Chapter 6 / Section 58-6-59
Liability of officers and directors of impaired insurers
Status: in_force

The liability of the officers and directors of impaired insurers shall be determined in accordance with the provisions of § 58-5-118 .

Source: SL 1966, ch 111, ch 3, § 23.
S.D. Codified Laws § 58-5-98 — SD Code / Title 58 / Chapter 5 / Section 58-5-98
Prior maintenance by domestic insurer of branch or regional place of business or home office outside state not invalidated
Status: in_force

Nothing in §§ 58-5-93 to 58-5-96 , inclusive, shall invalidate continued maintenance by any domestic insurer of branch or regional places of business or home offices established outside this state prior to July 1, 1959, or business practices in connection therewith established prior to July 1, 1959.

Source: SL 1966, ch 111, ch 16, § 24 (5); SL 1967, ch 134; SL 1982, ch 110, § 5.
S.D. Codified Laws § 58-6-33 — SD Code / Title 58 / Chapter 6 / Section 58-6-33
Deposit by all insurers--Exceptions
Status: in_force

Sections 58-6-34 and 58-6-35 shall apply as to all insurers other than title insurers, existing mutual casualty insurers writing a single line of insurance, and mutual assessment life insurance.

Source: SL 1966, ch 111, ch 3, § 13 (1).
S.D. Codified Laws § 58-29D-2 — SD Code / Title 58 / Chapter 29D / Section 58-29D-2
Administrator defined--Exceptions
Status: in_force

For the purposes of this chapter, an administrator or third - party administrator or TPA is a person who directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, or residents of another state from offices in this state, in connection with workers' compensation, life or health insurance coverage or annuities, except any of the following:

(1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer;

(2) A union on behalf of its members;

(3) An insurer which is authorized to transact insurance in this state with respect to a policy lawfully issued and delivered in and pursuant to the laws of this state or another state;

(4) An insurance producer licensed to sell workers' compensation, life or health insurance in this state, whose activities are limited exclusively to the sale of insurance;

(5) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;

(6) A trust and its trustees, agents and employees acting pursuant to such trust established in conformity with 29 U.S.C. § 186;

(7) A trust exempt from taxation under § 501(a) of the Internal Revenue Code, its trustees and employees acting pursuant to such trust, or a custodian and the custodian's agents or employees acting pursuant to a custodian account which meets the requirements of § 401(f) of the Internal Revenue Code;

(8) A financial institution which is subject to supervision or examination by federal or state banking authorities, or a mortgage lender, to the extent they collect and remit premiums to licensed insurance producers or authorized insurers in connection with loan payments;

(9) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized collection if the company does not adjust or settle claims;

(10) A person who adjusts or settles claims in the normal course of that person's practice or employment as an attorney at law and who does not collect charges or premiums in connection with workers' compensation, life or health insurance coverage or annuities;

(11) An adjuster whose activities are limited to adjustment of claims;

(12) A person who acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974. Such person shall comply with the requirements of § 58-29D-27 ;

(13) A licensed managing general agency;

(14) A licensed reinsurance intermediary; or

(15) A person regulated under the Broker Controlled Act.

This chapter applies to any third party administrator who performs administration functions on behalf of any workers' compensation insurer or employer with a self - funded workers' compensation program.

Source: SL 1992, ch 352, § 2; SL 2001, ch 285, § 1; SL 2001, ch 286, § 152.
S.D. Codified Laws § 58-18-45.1 — SD Code / Title 58 / Chapter 18 / Section 58-18-45.1
(Text of section effective until the first plan year, policy year, or renewal date on or after January 1, 2019) Anesthesia and hospitalization for dental care to be provided certain covered persons
Status: in_force

Any health benefit plan as defined by § 58-18-42 shall cover anesthesia and hospital charges for dental care provided to a covered person who:

(1) Is a child under age five; or

(2) Is severely disabled or otherwise suffers from a developmental disability as determined by a licensed physician which places such person at serious risk.

Such coverage applies regardless of whether the services are provided in a hospital or a dental office. A health carrier may require prior authorization of hospitalization for dental care procedures in the same manner that prior authorization is required for hospitalization for other covered diseases or conditions.

(Text of section effective the first plan year, policy year, or renewal date on or after January 1, 2019) Anesthesia and hospital or ambulatory surgery center charges for dental care to be covered for certain persons. Any health benefit plan as defined by § 58-18-42 shall cover anesthesia and hospital or ambulatory surgery center charges for dental care provided to a covered person who:

(1) Is a child under age five; or

(2) If determined by a licensed physician, is severely disabled, has a developmental disability, or otherwise has a medical condition that places the person at serious medical risk.

The coverage applies regardless of whether the services are provided in a hospital, ambulatory surgery center, or a dental office. A health carrier may require prior authorization in the same manner that prior authorization is required for other covered diseases or conditions.

Source: SL 1999, ch 248, § 3; SL 2018, ch 279, § 2, eff. Jan. 1, 2019.
S.D. Codified Laws § 58-35-48 — SD Code / Title 58 / Chapter 35 / Section 58-35-48
Funds expended for educational purposes--Maximum amount--Statement in annual report
Status: in_force

An insurer may spend earnings of the preceding year for educational purposes. A complete and itemized report of such expenditures shall be filed by the insurer as part of its annual report required under § 58-35-54 .

Source: SL 1966, ch 111, ch 17, § 24; SL 1993, ch 373.
S.D. Codified Laws § 58-5A-85 — SD Code / Title 58 / Chapter 5A / Section 58-5A-85
Exemption from requirements
Status: in_force

An insurer shall be exempt from the requirements of §§ 58-5A-81 to 58-5A-93 , inclusive, if:

(1) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program, less than five hundred million dollars; and

(2) The insurance group of which the insurer is a member has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program, less than one billion dollars.

Source: SL 2017, ch 210, § 6.
S.D. Codified Laws § 58-3-25 — SD Code / Title 58 / Chapter 3 / Section 58-3-25
Implementation of examination report's recommendations
Status: in_force

When the examination is adopted and all rights to appeal have passed, the company shall implement the recommendations set forth in the final examination report within a time set by the director. The recommendations are those which are made pursuant to § 58-3-11 . The director may extend the time for implementation of the recommendation upon the written request of the company and if the company shows good cause for the extension. If the company does not implement the recommendations within the set time frame, the director may fine the company for each recommendation not implemented not more than twenty - five thousand dollars or revoke or suspend the certificate of authority or both.

Source: SL 1992, ch 338, § 19.
S.D. Codified Laws § 58-11-71 — SD Code / Title 58 / Chapter 11 / Section 58-11-71
Review of resubmitted filing--Review period
Status: in_force

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 for the filer to bring the policy form into compliance and shall cite any specific statute, rule, or bulletin upon which the disapproval is based. No further extensions of time may be taken unless the filer has introduced new provisions in the resubmission or the filer has materially modified any substantive provisions of the policy form, in which case the director may extend the time for review by an additional thirty days. At the end of the review period, the policy form is deemed approved if the director has taken no action.

Source: SL 2008, ch 261, § 8.
S.D. Codified Laws § 58-24-7 — SD Code / Title 58 / Chapter 24 / Section 58-24-7
Risks grouped by classification for rate-making--Modification of classification rates
Status: in_force

Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.

Source: SL 1966, ch 111, ch 15, § 3 (1) (d).
S.D. Codified Laws § 58-26-44.1 — SD Code / Title 58 / Chapter 26 / Section 58-26-44.1
Definition of terms in §§58-26-45to58-26-105
Status: in_force

Terms used in §§ 58-26-45 to 58-26-105 , inclusive, apply on or after the operative date of the valuation manual and mean:

(1) "Accident and health insurance," a contract that incorporates morbidity risk and provides protection against economic loss resulting from accident, sickness, or medical conditions and as may be specified in the valuation manual;

(2) "Appointed actuary," a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required pursuant to § 58-26-55.1 ;

(3) "Company," an entity, which:

(a) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at least one policy in force or on claim; or

(b) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance, or deposit-type contracts in this state;

(4) "Deposit-type contract," a contract that does not incorporate mortality or morbidity risks and as may be specified in the valuation manual;

(5) "Life insurance," a contract that incorporates mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual;

(6) "NAIC," the National Association of Insurance Commissioners;

(7) "Policyholder behavior," any action a policyholder, contract holder, or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this chapter including, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract;

(8) "Principle-based valuation," a reserve valuation that uses one or more methods or one or more assumptions determined by the insurer and is required to comply with §§ 58-26-98 to 58-26-100 , inclusive, as specified in the valuation manual;

(9) "Qualified actuary," an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets the requirements specified in the valuation manual;

(10) "Tail risk," a risk that occurs either where the frequency of low probability events is higher than expected under a normal probability distribution or where there are observed events of very significant size or magnitude;

(11) "Valuation manual," the manual of valuation instructions adopted by the NAIC as specified in this chapter and as approved by the director pursuant to rules promulgated pursuant to chapter 1-26 .

Source: SL 2015, ch 254, § 1.
S.D. Codified Laws § 58-41-113 — SD Code / Title 58 / Chapter 41 / Section 58-41-113
Shorter hospital stay permitted--Follow-up visit within forty-eight hours required
Status: in_force

If the treating physician determines that the mother and the newborn meet medical criteria contained in Guidelines for Perinatal Care, Third Edition, of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists as in effect on January 1, 1996, a health maintenance contract may provide coverage for a shorter length of hospital inpatient stay for services related to maternity and newborn care than is required in § 58-41-112 if the coverage includes one follow - up visit in the first forty - eight hours after discharge to verify the condition of the mother and newborn.

Source: SL 1996, ch 292, § 17.
S.D. Codified Laws § 58-46-24 — SD Code / Title 58 / Chapter 46 / Section 58-46-24
Annual supervision fee
Status: in_force

Each captive insurance company shall pay to the Division of Insurance an annual supervision fee of the greater of five thousand dollars or eight one-hundredths of one percent on gross premiums, less return premiums, for insurance written on all risks or property resident, situated, or located within this state, and on risks and property situated elsewhere upon which no premium tax or fee is otherwise paid during the year ending on the preceding December thirty-first. A sponsored captive company shall pay for each protected cell an additional annual supervision fee of the greater of five hundred dollars or eight hundredths of one percent on gross premiums, less return premiums, for insurance written on all risks or property resident, situated, or located within this state, and on risks and property situated elsewhere upon which no premium tax or fee is otherwise paid during the year ending on the preceding December thirty-first. The annual supervision fee shall be due and payable on or before March first of each year. If the aggregate annual supervision fees to be paid by a captive insurance company calculated under this section amount to less than five thousand dollars in any year, such captive insurance company shall pay an annual supervision fee of five thousand dollars for the year. The aggregate annual supervision fees calculated under this section may not equal more than fifty thousand dollars.

Source: SL 1996, ch 287, § 24; SL 2013, ch 257, § 22.
S.D. Codified Laws § 58-5A-92 — SD Code / Title 58 / Chapter 5A / Section 58-5A-92
Sharing of information and documents by director--Confidentiality
Status: in_force

The sharing of information and documents by the director pursuant to §§ 58-5A-81 to 58-5A-93 , inclusive, does not constitute a delegation of regulatory authority or rule making. The director is solely responsible for the administration, execution, and enforcement of the provisions of §§ 58-5A-81 to 58-5A-93 , inclusive. No waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade-secret materials, or other ORSA-related information may occur as a result of disclosure of such ORSA-related information or documents to the director under this section or as a result of sharing as authorized in §§ 58-5A-81 to 58-5A-93 , inclusive. Documents, materials, or other information in the possession or control of the NAIC or a third-party consultant pursuant to §§ 58-5A-81 to 58-5A-93 , inclusive, are confidential by law and privileged, are not subject to chapter 1-27 , are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action.

Source: SL 2017, ch 210, § 13.
S.D. Codified Laws § 58-32-46 — SD Code / Title 58 / Chapter 32 / Section 58-32-46
Fine for failure to remit tax or to file annual statement or uniform report--Collection
Status: in_force

A broker is liable for a fine of twenty-five dollars for each day of delinquency commencing with the first day of April if any of the following apply:

(1) The broker fails to remit the tax provided by § 58-32-44 prior to the first day of April;

(2) The broker fails to file the annual statement, unless a uniform report has been prescribed pursuant to § 58-32-42.1 ; or

(3) The broker fails to file the uniform report pursuant to § 58-32-42.1 .

The tax may be collected by distraint, or the tax and fine may be recovered by an action instituted by the director in any court of competent jurisdiction. Any fine collected by the director shall be paid to the state treasurer and credited to the general fund.

Source: SL 1966, ch 111, ch 11, § 19; SL 2010, ch 242, § 2.
S.D. Codified Laws § 58-30-164 — SD Code / Title 58 / Chapter 30 / Section 58-30-164
Notification of use of assumed name by insurance producer
Status: in_force

An insurance producer doing business under any name other than the insurance producer's legal name is required to notify the director prior to using the assumed name.

Source: SL 2001, ch 286, § 24.
S.D. Codified Laws § 58-26-95 — SD Code / Title 58 / Chapter 26 / Section 58-26-95
Exceptions to valuation manual requirements
Status: in_force

In the absence of a specific valuation requirement or if a specific valuation requirement in the valuation manual is not, in the opinion of the director, in compliance with this chapter, then the company shall, with respect to the requirements, comply with minimum valuation standards prescribed by the director by rules promulgated pursuant to chapter 1-26 .

Source: SL 2015, ch 254, § 29.
S.D. Codified Laws § 58-41-86 — SD Code / Title 58 / Chapter 41 / Section 58-41-86
Requirements for suspension or revocation
Status: in_force

A certificate of authority shall be suspended or revoked only after compliance with the requirements of §§ 58-41-87 to 58-41-91 , inclusive.

Source: SL 1974, ch 321, § 37.
S.D. Codified Laws § 58-17I-9 — SD Code / Title 58 / Chapter 17I / Section 58-17I-9
Time for decision and notice--Calculation of time periods
Status: in_force

A health carrier shall notify and issue a decision in writing or electronically to the covered person or, if applicable, the covered person's authorized representative, within the following time frames:

(1) With respect to a grievance requesting a first level review of an adverse determination involving a prospective review request, the health carrier shall notify and issue a decision within a reasonable period of time that is appropriate given the covered person's medical condition, but no later than thirty days after the date of the health carrier's receipt of the grievance requesting the first level review made pursuant to § 58-17I-7 ; or

(2) With respect to a grievance requesting a first level review of an adverse determination involving a retrospective review request, the health carrier shall notify and issue a decision within a reasonable period of time, but no later than sixty days after the date of the health carrier's receipt of the grievance requesting the first level review made pursuant to § 58-17I-7 .

For purposes of calculating the time periods within which a determination is required to be made and notice provided under this section, the time period shall begin on the date the grievance requesting the review is filed with the health carrier in accordance with the health carrier's procedures established pursuant to § 58-17I-6 for filing a request, without regard to whether all of the information necessary to make the determination accompanies the filing.

Source: SL 2011, ch 219, § 81.
S.D. Codified Laws § 58-12-3.1 — SD Code / Title 58 / Chapter 12 / Section 58-12-3.1
Separate hearing on attorney fees--Adding to judgment--Time allowed to request hearing
Status: in_force

The determination of entitlement to an allowance of attorney fees as costs and the amount thereof under § 58-12-3 shall be made by the court or the Department of Labor and Regulation at a separate hearing of record subsequent to the entry of a judgment or award in favor of the person making claim against the insurance company, and, if an allowance is made, the amount thereof shall be inserted in or added to the judgment or award. Such a hearing shall be afforded upon the request of the claimant made within ten days after entry of the judgment or award.

Source: SL 1973, ch 298; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 58-33-97 — SD Code / Title 58 / Chapter 33 / Section 58-33-97
Exclusions from unauthorized health insurance
Status: in_force

Unauthorized health insurance does not include:

(1) Health care benefits or coverage under an employee welfare benefit plan of the employees of two or more employers (including one or more self-employed individuals), that is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;

(2) Health care benefits or coverage under an employee welfare benefit plan established or maintained by a rural electric cooperative or a rural telephone cooperative as defined under 29 U.S.C. § 1002(40)(B) as of January 1, 2007;

(3) Health care benefits or coverage under an employee welfare benefit plan of the employees of two or more employers but only if the employers are within the same control group so the plan is deemed to be a single employer plan under 29 U.S.C. § 1002(40)(B) as of January 1, 2007; or

(4) Health care benefits or coverage under a church plan as defined under 29 U.S.C § 1002(33) as of January 1, 2007.

Source: SL 2007, ch 292, § 5.
S.D. Codified Laws § 58-29B-37 — SD Code / Title 58 / Chapter 29B / Section 58-29B-37
Petition for appointment of rehabilitator--Suspension of statute of limitations, laches--Time period for commencement of actions ripe when petition is filed
Status: in_force

No statute of limitations or defense of laches may run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action by or against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty days after the order of rehabilitation is entered or the petition is denied.

Source: SL 1989, ch 436, § 37.
S.D. Codified Laws § 58-1-16.1 — SD Code / Title 58 / Chapter 1 / Section 58-1-16.1
Applicability of §58-1-16
Status: in_force

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.
S.D. Codified Laws § 58-29B-87 — SD Code / Title 58 / Chapter 29B / Section 58-29B-87
Setoff or counterclaim not allowed
Status: in_force

No setoff or counterclaim may be allowed in favor of any person if:

(1) The obligation of the insurer to the person would not at the date of the filing of a petition for liquidation entitle the person to share as a claimant in the assets of the insurer; or

(2) The obligation of the insurer to the person was purchased by or transferred to the person with a view to its being used as a setoff; or

(3) The obligation of the person is to pay an assessment levied against the members or subscribers of the insurer, or is to pay a balance upon a subscription to the capital stock of the insurer, or is in any other way in the nature of a capital contribution.

Source: SL 1989, ch 436, § 87; SL 1995, ch 288, § 1.
S.D. Codified Laws § 58-30-114 — SD Code / Title 58 / Chapter 30 / Section 58-30-114
Continuing education requirements--Definitions
Status: in_force

Terms, as used in §§ 58-30-114 to 58-30-123 , inclusive, mean:

(1) "Director," the director of the Division of Insurance;

(2) "Instructor," any individual who teaches, lectures, or otherwise instructs an insurance education offering;

(3) "Licensee," any individual who is licensed by the Division of Insurance as a resident insurance producer; and

(4) "Provider," any person offering or providing insurance education or related activity.

Source: SL 1984, ch 331, § 1; SL 1989, ch 438, § 1; SL 1990, ch 406, § 1; SL 1994, ch 411, (Ex. Ord. 94-3), § 17; SL 1999, ch 258, § 1; SL 2001, ch 286, § 185; SL 2010, ch 233, § 7; SL 2025, ch 197, § 4.
S.D. Codified Laws § 58-4-52 — SD Code / Title 58 / Chapter 4 / Section 58-4-52
Confidentiality of premium tax return and return information--Violation as misdemeanor
Status: in_force

A premium tax return and premium tax return information is confidential. It is a Class 1 misdemeanor to disclose this information except pursuant to §§ 58-4-50 to 58-4-54 , inclusive.

Source: SL 2012, ch 242, § 4.
S.D. Codified Laws § 58-19-19 — SD Code / Title 58 / Chapter 19 / Section 58-19-19
Contents of individual policy or group certificate
Status: in_force

Each individual policy or group certificate of credit life insurance, or credit health insurance shall, in addition to other requirements of law, set forth the name and home office address of the insurer, the name or names of the debtor or in the case of a certificate under a group policy, the identity by name or otherwise of the debtor, the premium or amount of payment, if any, by the debtor separately for credit life insurance and credit health insurance, a description of the coverage including the amount and term thereof, and any exceptions, limitations and restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate.

Source: SL 1966, ch 111, ch 27, § 6 (2).
S.D. Codified Laws § 58-17H-8 — SD Code / Title 58 / Chapter 17H / Section 58-17H-8
Cost-sharing requirements for covered persons--Payments to out-of-network providers
Status: in_force

Notwithstanding § 58-17H-7 , a covered person may be required to pay, in addition to the in-network cost-sharing, the excess of the amount the out-of-network provider charges over the amount the health carrier is required to pay pursuant to this section.

A health carrier complies with the requirements of this section if it provides payment of emergency services provided by an out-of-network provider in an amount not less than the greatest of the following:

(1) The amount negotiated with in-network providers for emergency services, excluding any in-network copayment or coinsurance imposed with respect to the covered person;

(2) The amount of the emergency service calculated using the same method the plan uses to determine payments for out-of-network services, but using the in-network cost-sharing provisions instead of the out-of-network cost-sharing provisions; or

(3) The amount that would be paid under Medicare for the emergency services, excluding any in-network copayment or coinsurance requirements.

Source: SL 2011, ch 219, § 33.
S.D. Codified Laws § 58-15-51 — SD Code / Title 58 / Chapter 15 / Section 58-15-51
Limitation of action on policy--Minimum time
Status: in_force

No policy of life insurance shall be delivered or issued for delivery in this state if it contains any provision limiting the time within which an action at law or in equity may be commenced on such a policy to less than six years after the cause of action shall accrue.

Source: SL 1966, ch 111, ch 23, § 26 (1) (a).
S.D. Codified Laws § 58-18B-49 — SD Code / Title 58 / Chapter 18B / Section 58-18B-49
Establishing risk adjusters
Status: in_force

The director may establish a payment mechanism to adjust for the amount of risk covered by each small employer carrier. The director may appoint an advisory committee composed of individuals that have risk adjustment and actuarial expertise to help establish the risk adjusters.

Source: SL 1995, ch 281, § 44.
S.D. Codified Laws § 58-5A-38.1 — SD Code / Title 58 / Chapter 5A / Section 58-5A-38.1
Production of records, books, and other information
Status: in_force

The director may order any registered insurer to produce records, books, or other information papers in the possession of the insurer or the insurer's affiliates as are reasonably necessary to determine compliance with the provisions of this chapter. The director may order any registered insurer to produce information not in the possession of the insurer if the insurer is able to obtain access to the information pursuant to contractual relationships, statutory obligations, or other method. If the insurer is unable to obtain the information requested by the director, the insurer shall provide the director a detailed explanation of the reason the insurer is unable to obtain the information and the identity of the holder of the information. If an insurer's detailed explanation is found to be without merit, it is grounds for the revocation of the insurer's license at a hearing held pursuant to chapter 1-26 .

Source: SL 2015, ch 246, § 13.
S.D. Codified Laws § 58-11A-2 — SD Code / Title 58 / Chapter 11A / Section 58-11A-2
Policies subject to chapter
Status: in_force

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) Any group policy covering a group of one thousand or more lives at date of issue, other than a group credit life insurance policy or a group credit health insurance policy. However, this may not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;

(3) Any group annuity contract which serves as a funding vehicle for pension, profit - sharing, or deferred compensation plans;

(4) Any form used in connection with, as a conversion from, as an addition to or in exchange pursuant to a contractual provision for a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates such forms must be approved under this chapter; or

(5) The renewal of a policy delivered or issued for delivery prior to the dates such forms must be approved under this chapter.

Source: SL 1981, ch 360, § 2.
S.D. Codified Laws § 58-29B-130 — SD Code / Title 58 / Chapter 29B / Section 58-29B-130
Application for discharge
Status: in_force

If all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer to the state treasurer any remaining funds that are uneconomic to distribute, as may be deemed appropriate. Any other person may apply to the court at any time for an order under this section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee.

Source: SL 1989, ch 436, § 130.
S.D. Codified Laws § 58-29B-40 — SD Code / Title 58 / Chapter 29B / Section 58-29B-40
Termination of rehabilitation--Procedure--Payment of costs
Status: in_force

The rehabilitator or directors may at any time petition the circuit court of Hughes County for an order terminating rehabilitation of an insurer. The court may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the court finds that rehabilitation has been accomplished and that grounds for rehabilitation under § 58-29B-31 no longer exist, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also on its own motion make that finding and issue an order terminating rehabilitation.

Source: SL 1989, ch 436, § 40.
S.D. Codified Laws § 58-29B-132 — SD Code / Title 58 / Chapter 29B / Section 58-29B-132
Recommendation and direction for retention or disposal of insurer's records
Status: in_force

If it appears to the director that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed.

Source: SL 1989, ch 436, § 132.
S.D. Codified Laws § 58-27-54 — SD Code / Title 58 / Chapter 27 / Section 58-27-54
Maximum amount of investment in voting stock of corporation--Exceptions
Status: in_force

An insurer may not invest in or hold at any one time more than ten percent of the outstanding voting stock of any corporation, except with respect to voting rights of preference stock during default and of dividends; this section does not apply to stock of a majority owned subsidiary of the insurer or to controlling stock of an insurer acquired under §§ 58-27-24 to 58-27-26 , inclusive.

Source: SL 1966, ch 111, ch 6, § 5 (2); SL 1983, ch 376, § 7.
S.D. Codified Laws § 58-40-7 — SD Code / Title 58 / Chapter 40 / Section 58-40-7
Issuance of license--Matters considered by director
Status: in_force

The director shall issue a certificate of authority or license upon being satisfied on the following points:

(1) That the applicant is established as a bona fide nonprofit hospital service corporation;

(2) That the contracts between the applicant and the participating hospitals obligate each hospital to render service to which each subscriber may be entitled under the contract issued to the subscribers;

(3) That the rates to be charged and benefits to be provided are fair and reasonable;

(4) That amounts provided as working capital of the corporation are repayable only out of earned income over and above operating expenses, hospital expenses, and such reserve as the director may deem adequate;

(5) That the amount of money actually available for working capital be sufficient to carry all acquisition costs and operating expenses for a reasonable period of time from the date of the issuance of the certificate.

Source: SL 1966, ch 111, ch 21, § 18.
S.D. Codified Laws § 58-20-23 — SD Code / Title 58 / Chapter 20 / Section 58-20-23
Liability for indemnity compensation or medical loss defined
Status: in_force

For purposes of § 58-20-22 , liability for indemnity compensation or medical losses means payment made to or on behalf of the injured worker for medical costs, loss of wages, or injuries resulting in permanent total, permanent partial, or temporary disabilities, as defined in §§ 62-1-1 , 62-4-1 , and 62-4-6 .

Source: SL 1992, ch 364, § 10; SL 1993, ch 362, § 3.
S.D. Codified Laws § 58-27-72 — SD Code / Title 58 / Chapter 27 / Section 58-27-72
Extension of time for disposal of real estate--Election to hold as investment for income purposes, acquisition cost
Status: in_force

Upon proof satisfactory to him that the interests of the insurer will suffer materially by the forced sale thereof, the director may by order grant a reasonable extension of the period, as specified in such order, within which the insurer shall dispose of any particular parcel of such real estate; unless the insurer elects to hold such real estate as an investment for income purposes under subdivision 58-27-50(6), in which event thereafter such real estate shall be deemed to have been acquired at a cost equal to its book value at the time of such election and to be held under, and subject to, the provisions of subdivision 58-27-50(6).

Source: SL 1966, ch 111, ch 6, § 31 (3).
S.D. Codified Laws § 58-17-70 — SD Code / Title 58 / Chapter 17 / Section 58-17-70
Application of58-17-66to58-17-87, inclusive
Status: in_force

Sections 58-17-66 to 58-17-87 , inclusive, apply to any individual health benefit plan or certificate delivered or issued for delivery in the state. Sections 58-17-66 to 58-17-87 , inclusive, apply to any certificate issued to an eligible person that evidences coverage under a policy or contract issued to a trust or association or other similar grouping of persons, regardless of the situs of delivery of the policy or contract, if the eligible person pays the premium and is not being covered under the policy or contract pursuant to continuation of benefit provisions applicable under federal or state law. The following are not subject to the provisions of §§ 58-17-66 to 58-17-87 , inclusive:

(1) Any medicare supplement policy;

(2) Any long - term care policy;

(3) Any contract or certificate marketed on a group basis that is subject to regulation under chapter 58-18B or §§ 58-18-42 to 58-18-51.1 , inclusive;

(4) Any certificate issued to an eligible person that evidences coverage under a professional association plan;

(5) Any policy or certificate of specified disease, short - term hospital - surgical care of six months or less duration, hospital confinement indemnity, limited benefit health insurance, or other policy or certificate that provide benefits less than as provided for under subdivision 58-17-69(2) if the carrier offering the policy or certificate at the time of filing for policy form approval, submits a statement certifying that policies or certificates described in this section are being offered and marketed as supplemental health insurance or as individual health benefit plans of six - month duration or less and not renewable, and not as a substitute for hospital or medical expense insurance or major medical insurance. For policy forms approved prior to July 1, 1996, the carrier shall submit such a statement with the director. If such a statement certifying that the policies or certificates are being offered as supplemental health insurance and not as a substitute for major medical insurance is either not filed or is withdrawn, the carrier offering such coverage shall, in addition to the policy or certificate providing coverage that is less than major medical, offer and actively market an individual major medical policy to any person who is solicited for coverage for the nonmajor medical products it offers.

Source: SL 1996, ch 286, § 5; SL 1998, ch 289, § 2; SL 2003 (SS), ch 1, § 29.
S.D. Codified Laws § 58-6-17 — SD Code / Title 58 / Chapter 6 / Section 58-6-17
Name tending to deceive or mislead as to type of organization of insurer prohibited
Status: in_force

No insurer shall be authorized to transact insurance in this state which has or uses a name which tends to deceive or mislead as to the type of organization of the insurer.

Source: SL 1966, ch 111, ch 3, § 8 (4).
S.D. Codified Laws § 58-29B-44 — SD Code / Title 58 / Chapter 29B / Section 58-29B-44
Order to liquidate alien insurer domiciled in state--Effect
Status: in_force

An order to liquidate the business of an alien insurer domiciled in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included therein.

Source: SL 1989, ch 436, § 44.
S.D. Codified Laws § 58-9-8 — SD Code / Title 58 / Chapter 9 / Section 58-9-8
Marine and transportation insurance including jewelry and precious metals
Status: in_force

"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 otherwise.

Source: SL 1966, ch 111, ch 4, § 5 (1) (c).
S.D. Codified Laws § 58-18A-54 — SD Code / Title 58 / Chapter 18A / Section 58-18A-54
Allowable expenses defined
Status: in_force

For the purposes of this chapter, the term, allowable expense, means any health care expense, including coinsurance or copayments and without reduction for any applicable deductible, that is covered in full or in part by any of the plans covering the person.

If a plan is advised by a covered person that all plans covering the person are high-deductible health plans and the person intends to contribute to a health savings account established in accordance with section 223 of the Internal Revenue Code of 1986, the primary high-deductible health plan's deductible is not an allowable expense, except for any health care expense incurred that may not be subject to the deductible as described in section 223(c)(2)(C) of the Internal Revenue Code of 1986.

An expense or a portion of an expense that is not covered by any of the plans is not an allowable expense.

Any expense that a provider by law or in accordance with a contractual agreement is prohibited from charging a covered person is not an allowable expense.

Source: SL 2006, ch 259, § 2.
S.D. Codified Laws § 58-33-33 — SD Code / Title 58 / Chapter 33 / Section 58-33-33
Interlocking ownership or management permitted
Status: in_force

Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition, or common management is inconsistent with any other provision of this title, or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly therein.

Source: SL 1966, ch 111, ch 13, § 19 (1).
S.D. Codified Laws § 58-7-21 — SD Code / Title 58 / Chapter 7 / Section 58-7-21
Forms and terms of depository or custodial arrangement
Status: in_force

The form and terms of all depository or custodial arrangements shall be prescribed or approved by the director consistent with the applicable provisions of this title.

Source: SL 1966, ch 111, ch 7, § 5 (6); SL 1991, ch 398, § 12.
S.D. Codified Laws § 58-5-33 — SD Code / Title 58 / Chapter 5 / Section 58-5-33
Amount of assessment by mutual insurer
Status: in_force

The assessment under § 58-5-32 shall be in an amount to cure such deficiency and to provide a reasonable amount of working funds which shall not exceed five percent of the insurer's liabilities as of the date such deficiency was determined.

Source: SL 1966, ch 111, ch 16, § 30 (2).
S.D. Codified Laws § 58-27-48 — SD Code / Title 58 / Chapter 27 / Section 58-27-48
Liens on personal property as additional security permitted
Status: in_force

Sections 58-27-45 to 58-27-47 , inclusive, shall not prohibit an insurer from taking liens on personal property as additional security for any investment otherwise eligible under this chapter.

Source: SL 1966, ch 111, ch 6, § 29 (4).
S.D. Codified Laws § 58-18-88.1 — SD Code / Title 58 / Chapter 18 / Section 58-18-88.1
Request for waiver by association formed in another state
Status: in_force

An association not formed in this state may request a waiver of subdivisions 58-18-88(3) and (5) regarding organization in South Dakota to sponsor a multiple employer trust in this state if the association provides sufficient evidence a waiver is in the best interests of the insurance-buying public. An association not formed in this state shall be in full compliance with the laws of all states where the association does business.

Source: SL 2019, ch 212, § 7.
S.D. Codified Laws § 58-33-134 — SD Code / Title 58 / Chapter 33 / Section 58-33-134
Promulgation of rules for employer insurance assistance programs
Status: in_force

The director may promulgate rules pursuant to chapter 1-26 to establish standards for employer insurance assistance programs consistent with the provisions of §§ 58-33-131 to 58-33-133 , inclusive. The rules shall be limited to:

(1) Definition of terms;

(2) Employer insurance assistance program content and marketing; and

(3) Exceptions.

Source: SL 2009, ch 270, § 4.
S.D. Codified Laws § 58-11-67 — SD Code / Title 58 / Chapter 11 / Section 58-11-67
Filing requirements--Availability on internet
Status: in_force

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, including the citation for the type of insurance that is required to be filed. The document shall be available on the internet site of the Division of Insurance.

The director shall update the document no less frequently than annually, and within thirty days of any change in any law, rule, or bulletin requiring its amendment.

Source: SL 2008, ch 261, § 4.
S.D. Codified Laws § 58-34-24 — SD Code / Title 58 / Chapter 34 / Section 58-34-24
Liability of subscribers for judgment against insurer--Service of legal process
Status: in_force

Any judgment based upon legal process so served shall be binding upon each of the insurer's subscribers as their respective interests may appear, but in an amount not exceeding their respective contingent liabilities, if any, the same as though personal service of process was had upon each such subscriber.

Source: SL 1966, ch 111, ch 19, § 15 (2).
S.D. Codified Laws § 58-17H-41 — SD Code / Title 58 / Chapter 17H / Section 58-17H-41
Insufficient information for determination--Notice and statement of necessary information
Status: in_force

If the covered person or, if applicable, the covered person's authorized representative has failed to provide sufficient information for the health carrier to make a determination, the health carrier shall notify the covered person or, if applicable, the covered person's authorized representative, either orally or, if requested by the covered person or the covered person's authorized representative, in writing of this failure and state what specific information is needed as soon as possible, but in no event later than twenty-four hours after receipt of the request.

Source: SL 2011, ch 219, § 66.
S.D. Codified Laws § 58-33-93 — SD Code / Title 58 / Chapter 33 / Section 58-33-93
Definitions relating to multiple employer welfare arrangements
Status: in_force

Terms used in §§ 58-33-93 to 58-33-116 , inclusive, mean:

(1) "Admitted insurer," an insurer licensed to do an insurance business in this state including an entity authorized pursuant to § 58-18-88 , a health maintenance organization or nonprofit hospital, or medical service corporation under the laws of this state;

(2) "Arrangement," a fund, trust, plan, program, or other mechanism by which a person provides, or attempts to provide, health care benefits;

(3) "Employee leasing arrangement," a labor leasing, staff leasing, employee leasing, professional employer organization, contract labor, extended employee staffing or supply, or other arrangement, under contract or otherwise, whereby one business or entity represents that it leases or provides its workers to another business or entity;

(4) "Employee welfare benefit plan" or "health benefit plan," a plan, fund, or program which is or was established or maintained by an employer or by an employee organization, or by both, to the extent that the plan, fund, or program is or was established or maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, medical, surgical or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment;

(5) "Fully insured," for the health care benefits or coverage provided or offered by or through a health benefit plan or arrangement:

(a) An admitted insurer is directly obligated by contract to each participant to provide all of the coverage under the plan or arrangement; and

(b) The liability and responsibility of the admitted insurer to provide covered services or for payment of benefits is not contingent, and is directly to the individual employee, member, or dependent;

(6) "Licensee," a person that is, or that is required to be, licensed or registered under the laws of this state as a producer, third party administrator, insurer, or preferred provider organization;

(7) "MEWA," multiple employer welfare arrangement;

(8) "MEWA contact," the individual or position designated by the division to be the MEWA contact as identified on the division web site;

(9) "Nonadmitted insurer," an insurer not licensed to do insurance business in this state;

(10) "Preferred provider organization," an entity that engages in the business of offering a network of health care providers, whether or not on a risk basis, to employers, insurers, or any other person who provides a health benefit plan including a managed care contractor registered or required to be registered pursuant to § 58-17F-16 ;

(11) "Producer," a person required to be licensed pursuant to chapter 58-30 of this state to sell, solicit, or negotiate insurance;

(12) "Professional employer organization," an arrangement, under contract or otherwise, whereby one business or entity represents that it co-employs or leases workers to another business or entity for an ongoing and extended, rather than a temporary or project-specific, relationship;

(13) "Third party administrator" or "administrator," has the meaning provided in chapter 58-29D . (SL 2012, ch 239, § 1 provides: "The provisions of chapter 219 of the 2011 Session Laws shall be deemed repealed if the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) is found to be unconstitutional in its entirety by a final decision of a federal court of competent jurisdiction and all appeals exhausted or time for appeals elapsed.")

Source: SL 2007, ch 292, § 1; SL 2011, ch 219, § 99.
S.D. Codified Laws § 58-40-13 — SD Code / Title 58 / Chapter 40 / Section 58-40-13
Expenses of acquisition and administration--Control by director
Status: in_force

All acquisition and administrative expenses in connection with such hospital service corporation shall at all times be subject to control by the director.

Source: SL 1966, ch 111, ch 21, § 21.
S.D. Codified Laws § 58-24-17 — SD Code / Title 58 / Chapter 24 / Section 58-24-17
Filing with respect to specially rated risks--Effective date
Status: in_force

Specific inland marine rates on risks specially rated by a rating organization, or any specific filing with respect to a surety or guaranty bond required by law or by court or executive order, or by order, rule, or regulation of a public body and not covered by a previous filing, shall become effective when filed and deemed to meet the requirements of this chapter until such time as the director reviews the filing and so long thereafter as the filing remains in effect.

Source: SL 1966, ch 111, ch 15, § 4 (5).
S.D. Codified Laws § 58-27-83 — SD Code / Title 58 / Chapter 27 / Section 58-27-83
Interest in pool of obligations--Fractional interest in an obligation--Requirements
Status: in_force

An investment may consist of an individual interest in a pool of obligations or a fractional interest in a single obligation if the certificate of participation or interest or the confirmation of participation or interest in the investment is issued in the name of the company or the name of the custodian bank or the nominee of either and if the certificate or confirmation must, if held by a custodian bank, be kept separate and apart from the investments of others so that at all times the participation may be identified as belonging solely to the company making the investment.

Source: SL 1983, ch 377, § 6.
S.D. Codified Laws § 58-7-4 — SD Code / Title 58 / Chapter 7 / Section 58-7-4
Annual deposit of additional securities to cover increase of reserves
Status: in_force

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 such preceding year.

Source: SL 1966, ch 111, ch 7, § 1 (2).
S.D. Codified Laws § 58-26-101 — SD Code / Title 58 / Chapter 26 / Section 58-26-101
Data to be submitted as prescribed in valuation manual
Status: in_force

A company shall submit mortality, morbidity, policyholder behavior, or expense experience and other data as prescribed in the valuation manual.

Source: SL 2015, ch 254, § 35.
S.D. Codified Laws § 58-43-16.8 — SD Code / Title 58 / Chapter 43 / Section 58-43-16.8
Report of accountant where insurer is member of holding company system
Status: in_force

If an insurer is a member of an insurance holding company system, any report required by § 58-43-16.7 may be provided to the audit committee on an aggregate basis for insurers in the holding company system only if any substantial differences among insurers in the system are identified to the audit committee.

Source: SL 2009, ch 271, § 23, eff. Jan. 1, 2010.
S.D. Codified Laws § 58-11-9.5 — SD Code / Title 58 / Chapter 11 / Section 58-11-9.5
Payment to insured for portion of judgment not collected from underinsured motorist--Coverage limits
Status: in_force

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 recovered against the owner of the other vehicle exceeds the policy limits thereon. Coverage shall be limited to the underinsured motorist coverage limits on the vehicle of the party recovering less the amount paid by the liability insurer of the party recovered against.

Source: SL 1975, ch 315, § 2; SL 1981, ch 359, § 2; SL 1986, ch 418, § 2; SL 1988, ch 394, § 2.
S.D. Codified Laws § 58-5-122 — SD Code / Title 58 / Chapter 5 / Section 58-5-122
Compensation for promoting bulk reinsurance prohibited
Status: in_force

No director, officer, insurance producer, or employee of any insurer party to such reinsurance, nor any other person, may receive any fee, commission, or other valuable consideration whatsoever for in any manner aiding, promoting, or assisting therein except as set forth in the reinsurance agreement.

Source: SL 1966, ch 111, ch 16, § 40 (3); SL 2001, ch 286, § 71.
S.D. Codified Laws § 58-40-14 — SD Code / Title 58 / Chapter 40 / Section 58-40-14
Permitted investments
Status: in_force

The funds of any corporation subject to the provisions of this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurers.

Source: SL 1966, ch 111, ch 21, § 22.
S.D. Codified Laws § 58-17-152 — SD Code / Title 58 / Chapter 17 / Section 58-17-152
Application of §§58-17-149to58-17-151
Status: in_force

Nothing in §§ 58-17-149 to 58-17-151 , inclusive, applies to services provided by a health care professional that are covered by Medicaid, Medicare, TRICARE, or other health care benefit program subject to federal regulations regarding eligibility and provider payments. Nothing in §§ 58-17-149 to 58-17-151 , inclusive, requires a health insurer or other entity responsible for credentialing health care professionals on behalf of the health insurer to take any action in violation of the requirements of the National Committee for Quality Assurance (NCQA) or Utilization Review Accreditation Commission (URAC).

Nothing in §§ 58-17-149 to 58-17-151 , inclusive, requires a health insurer or other entity responsible for credentialing health care professionals on behalf of the health insurer to credential a health care professional or to permit a non-credentialed health care professional to participate in the health insurer's provider network.

Source: SL 2014, ch 236, § 4.
S.D. Codified Laws § 58-33-99 — SD Code / Title 58 / Chapter 33 / Section 58-33-99
Circumstances in which licensee should know product is unauthorized health insurance
Status: in_force

Circumstances where a licensee reasonably should know that a product is unauthorized health insurance include the following:

(1) The licensee knows that the product is represented to be a self-funded plan and that it is offered widely to the multiple employers or generally to individuals;

(2) The licensee knows that the product is a professional employer organization self-funded plan and that it is offered widely to multiple client employers; or

(3) The licensee knows that the plan is represented to be a self-funded plan established or maintained pursuant to a collective bargaining agreement and that the plan is offered widely to multiple employers, or generally to individuals, or both, through agents who are compensated on a commission or similar basis.

A licensee may provide other evidence to the division to indicate that the licensee did not reasonably know that a product is unauthorized. In making its determination regarding whether a licensee should have known the product is unauthorized and the appropriateness of any penalty for failing to notify the division of such a product, the division shall consider the prior experience and the existence or lack of training of that licensee.

Source: SL 2007, ch 292, § 7.
S.D. Codified Laws § 58-2-29 — SD Code / Title 58 / Chapter 2 / Section 58-2-29
Fees, licenses, and charges--Collection by director in advance
Status: in_force

The director of the Division of Insurance shall collect in advance, and persons so served shall pay to the director in advance, fees, licenses, and miscellaneous charges as follows:

(1) Certificate of authority of insurer:

(a) Application for original certificate of authority:

For filing application for certificate of authority, articles of incorporation, and other charter documents, bylaws, financial statements, examination reports, power of attorney to the director, and all other documents and filings required in connection with such application: ..... $500.00

(b) Issuance of original certificate of authority ..... 25.00

(c) Annual renewal of certificate of authority ..... 25.00

(d) Reinstatement of certificate of authority ..... 25.00

(e) Amendment or reissuance of certificate of authority ..... 25.00

(f) Annual audit ..... 500.00

This fee to be reduced by the total dollar amount of premium taxes remitted in each calendar year. The fee is waived for all licensed insurers remitting five hundred dollars or more in premium taxes in a calendar year.

(2) Filing amendment of articles of incorporation, domestic and foreign insurers, exclusive of fees required to be paid to the secretary of state by a domestic corporation ..... 10.00

(3) Filing bylaws or amendments thereto ..... 5.00

(4) Filing annual statement of insurer, other than as part of application for original certificate of authority ..... 25.00

(5) Insurance producers and solicitors:

(a) Insurance producer's license, including also disability insurance when written by property, casualty, or surety insurer otherwise represented by the insurance producer:

(i) Filing application for original license, and including issuance of license, if issued ..... 25.00

(ii) Original appointment of insurance producer, each insurer ..... 10.00

(iii) Annual renewal of appointment, each insurer:

Domestic insurer ..... 10.00

Foreign insurer ..... 10.00

(iv) Temporary license ..... 10.00

(b) Insurance producer's license, life or health insurance, including both life and disability insurance when so licensed as to the same insurer:

(i) Application for original license, including issuance of license, if issued, each insurer ..... 25.00

(ii) Original appointment of insurance producer, each insurer ..... 10.00

(iii) Annual renewal of appointment, each insurer:

Domestic insurer ..... 10.00

Foreign insurer ..... 10.00

(iv) Temporary license ..... 10.00

(c) Limited license as insurance producer:

(i) Motor vehicle physical damage ... Same as for insurance producer's license

(ii) Accident ticket policies, each insurer each year ..... 10.00

(iii) Baggage ticket policies, each insurer each year ..... 10.00

(iv) Credit insurance ..... Same as for insurance producer license

(d) Examination for license, each examination and each time taken ..... 10.00

(e) Nonresident insurance producer license:

(i) Original license ..... 30.00

(ii) Biennial renewal of license ..... 50.00

(iii) Appointments, each insurer ..... 20.00

(iv) Annual renewal of appointments, each insurer ..... 20.00

(f) Resident insurance producer, original license ..... 25.00

(i) Biennial continuing education fee, license renewal ..... 20.00

(g) Corporation or partnership license:

(i) Original license ..... 25.00

(ii) Appointment, each insurer ..... 10.00

(iii) Annual renewal of appointment, each insurer ..... 10.00

(h) Nonresident corporation or partnership license:

(i) Original license ..... 30.00

(ii) Appointment, each insurer ..... 20.00

(iii) Annual renewal of appointment, each insurer ..... 20.00

(i) Portable electronics license ..... Same as for insurance producer license

(6) Insurance vending machine license, each machine, each year ..... 20.00

(7) Surplus line broker's license, application for original license including issuance of license, if issued ..... 50.00

(a) Biennial renewal of license ..... 100.00

(8) Rating bureau, original license ..... 25.00

(a) Annual renewal of license ..... 35.00

(9) Examination of rating bureau... Same fees as provided in this chapter for examination of foreign insurance companies.

(10) Farm mutuals:

(a) Application for original certificate of authority: For filing application for certificate of authority, articles of incorporation, and all other documents and filings required in connection with such application, and for issuance of an original certificate of authority, if issued ..... 25.00

(b) Annual renewal of certificate of authority ..... 10.00

(c) Filing annual statement ..... 5.00

(11) Broker's license as attorney in fact of a reciprocal or interinsurance exchange ..... 20.00

(12) Miscellaneous services:

(a) For a copy of any paper filed in the insurance division, for which another price is not set by statute, each page ..... 75

(b) Director's sworn certificate, except when on certificates of authority or licenses ..... 10.00

(c) For receiving and forwarding copy of summons or other process served upon the director, as process agent of an insurer or nonresident insurance producer ..... 10.00

(13) Application for continuing education course approval ..... 25.00

(14) Annual renewal of certificate of authority for domestic insurer issuing court appearance bonds .... 6,000

Source: SL 1966, ch 111, ch 2, § 27; SL 1975, ch 305, §§ 1, 2; SL 1978, ch 359, § 12; SL 1978, ch 365, § 1; SL 1980, ch 349; SL 1983, ch 27, § 7; SL 1984, ch 29, § 9; SL 1986, ch 415, § 1; SL 1987, ch 370, §§ 1 to 3; SL 2001, ch 286, § 60; SL 2002, ch 229, § 1; SL 2010, ch 233, § 1; SL 2011, ch 55, § 2; SL 2012, ch 251, § 15.
S.D. Codified Laws § 58-29B-126 — SD Code / Title 58 / Chapter 29B / Section 58-29B-126
Court approval, disapproval, or modification of report
Status: in_force

The court may approve, disapprove, or modify, the report on claims by the liquidator. Such reports as are not modified by the court within a period of sixty days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to §§ 58-29B-119 and 58-29B-120 . No claim under a policy of insurance may be allowed for an amount in excess of the applicable policy limits.

Source: SL 1989, ch 436, § 126.
S.D. Codified Laws § 58-15-52 — SD Code / Title 58 / Chapter 15 / Section 58-15-52
Prohibited policy provisions inapplicable to group life insurance, health insurance, reinsurance, annuities, and accident benefits under life insurance policy
Status: in_force

The provisions of §§ 58-15-45 to 58-15-51 , inclusive, do not apply to health insurance, reinsurance, or annuities. The provisions of §§ 58-15-46 to 58-15-51 , inclusive, do not apply to group life or to any provision in a life insurance policy or contract supplemental thereto relating to health benefits or to additional benefits in the event of death by accidental means. However, the provisions of § 58-15-45 apply to group life insurance and to any provision in a life insurance policy or contract supplemental thereto relating to health benefits or to additional benefits in the event of death by accidental means.

Source: SL 1966, ch 111, ch 23, § 26 (3); SL 2006, ch 253, § 1.
S.D. Codified Laws § 58-5A-87 — SD Code / Title 58 / Chapter 5A / Section 58-5A-87
Insurer's application for waiver
Status: in_force

An insurer that does not qualify for exemption may apply to the director for a waiver from the requirements of §§ 58-5A-81 to 58-5A-93 , inclusive, based upon unique circumstances. In deciding whether to grant the insurer's request for waiver, the director may consider the type and volume of business written, ownership and organizational structure, and any other factor the director considers relevant to the insurer or insurance group of which the insurer is a member. If the insurer is part of an insurance group with insurers domiciled in more than one state, the director shall coordinate with the lead state commissioner and with the other domiciliary commissioners in considering whether to grant the insurer's request for a waiver.

Source: SL 2017, ch 210, § 8.
S.D. Codified Laws § 58-29A-72 — SD Code / Title 58 / Chapter 29A / Section 58-29A-72
Means of handling claims--Designation of servicing facility
Status: in_force

The association shall handle claims through its employees or through one or more insurers or other persons designated as servicing facilities. Designation of a servicing facility is subject to the approval of the director, but such designation may be declined by a member insurer.

Source: SL 2000, ch 247, § 19.
S.D. Codified Laws § 58-17H-20 — SD Code / Title 58 / Chapter 17H / Section 58-17H-20
Effectiveness and efficiency of program to be routinely reviewed
Status: in_force

Any health carrier shall routinely assess the effectiveness and efficiency of its utilization review program.

Source: SL 2011, ch 219, § 45.
S.D. Codified Laws § 58-22-17 — SD Code / Title 58 / Chapter 22 / Section 58-22-17
Examination fee
Status: in_force

The fee for such examination shall be ten dollars and shall be submitted with the application.

Source: SL 1966, ch 111, ch 31, § 11.
S.D. Codified Laws § 58-17-30.6 — SD Code / Title 58 / Chapter 17 / Section 58-17-30.6
Alcoholism benefits provided--Days of care
Status: in_force

The alcoholism coverage to be offered shall provide benefits on the same basis as benefits provided for the treatment of other sicknesses covered under the policy; however, the coverage by the insurance carrier need not exceed thirty days' care in any six - month period, and the total days care per recipient need not exceed ninety days during the life of the contract.

Source: SL 1977, ch 410, § 3.
S.D. Codified Laws § 58-18A-72 — SD Code / Title 58 / Chapter 18A / Section 58-18A-72
Coverage under COBRA or right of continuation
Status: in_force

If a person whose coverage is provided pursuant to COBRA or under a right of continuation pursuant to state or other federal law is covered under another plan, the plan covering the person as an employee, member, subscriber, or retiree or covering the person as a dependent of an employee, member, subscriber, or retiree is the primary plan and the plan covering that same person pursuant to COBRA or under a right of continuation pursuant to state or other federal law is the secondary plan.

If the other plan does not have these provisions, and if, as a result, the plans do not agree on the order of benefits, these provisions do not apply.

This section does not apply if the provisions in § 58-18A-69 determine the order of benefits.

Source: SL 2006, ch 259, § 20.
S.D. Codified Laws § 58-18-44 — SD Code / Title 58 / Chapter 18 / Section 58-18-44
Creditable coverage determined
Status: in_force

For the purposes of this chapter, creditable coverage are benefits or coverage provided under:

(1) Medicare or medicaid;

(2) An employer - based health insurance plan or health benefit arrangement that provides benefits similar to or exceeding benefits provided under a health benefit plan;

(3) An individual health insurance policy including coverage issued by a health maintenance organization, a fraternal benefit society, a nonprofit medical and surgical plan, a nonprofit hospital service plan that provides benefits similar to or exceeding the benefits provided under the basic plan pursuant to chapter 58-18B, or an employee welfare benefit plan as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 as adopted by the director pursuant to chapter 1-26, to the extent that the plan provides directly or through insurance, reimbursement or otherwise to employees or their dependents medical care for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body and amounts paid for the transportation primarily for and essential to medical care;

(4) Chapter 55 of Title 10, United States Code;

(5) A medical care program of the Indian Health Service or of a tribal organization;

(6) A state health benefits risk pool;

(7) A health plan offered under Chapter 89 of Title 5, United States Code;

(8) A public health plan;

(9) A health benefit plan under section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e));

(10) A short - term limited - duration policy; or

(11) A college plan.

Source: SL 1994, ch 383, § 3; SL 1997, ch 289, § 8; SL 1998, ch 289, § 5.
S.D. Codified Laws § 58-33A-20.2 — SD Code / Title 58 / Chapter 33A / Section 58-33A-20.2
Prohibited conduct by insurance producer
Status: in_force

No producer or insurer may dissuade, or attempt to dissuade, a consumer from:

(1) Truthfully responding to an insurer's request for confirmation of consumer profile information;

(2) Filing a complaint; or

(3) Cooperating with the investigation of a complaint.

Source: SL 2012, ch 250, § 9; SL 2022, ch 186, § 22, eff. Jan. 1, 2023.
S.D. Codified Laws § 58-30-108 — SD Code / Title 58 / Chapter 30 / Section 58-30-108
Suspension, revocation, or refusal to renew one license affects all other licenses of licensee
Status: in_force

Suspension, revocation, or refusal to renew of any one license held by the licensee under this title shall automatically likewise, suspend, revoke, or refuse renewal of all other licenses held by the licensee under this title.

Source: SL 1966, ch 111, ch 9, § 34 (2).
S.D. Codified Laws § 58-43-5 — SD Code / Title 58 / Chapter 43 / Section 58-43-5
Financial statements
Status: in_force

The financial statements included in the audited financial report shall be prepared in a form and using language and groupings substantially the same as the relevant sections of the annual statement filed pursuant to § 58-6-75 and the financial statement shall be comparative, presenting the amounts as of December thirty - first of the current year and the amounts as of the immediately preceding December thirty - first. In the first year in which an insurer is required to file an audited financial report, the comparative data may be omitted.

Source: SL 1992, ch 357, § 5.
S.D. Codified Laws § 58-4-28.1 — SD Code / Title 58 / Chapter 4 / Section 58-4-28.1
Money penalty in lieu of license suspension or other action--Hearing
Status: in_force

In any case in which the director has the power to deny an application or registration, or to revoke, refuse to renew, or suspend the license of any insurance producer, administrator, licensee, or entity required to be registered under this title, or the certificate of authority of any insurance company or health maintenance organization, the director may impose a specified money penalty to be paid within a specified time in lieu of a license suspension or other permitted action. No penalty may be imposed under this section prior to a hearing conducted pursuant to chapter 1-26 unless the applicant, licensee, or registrant agrees to the penalty in writing.

The money penalty may not exceed five thousand dollars for an insurance producer or twenty-five thousand dollars for an insurer, administrator, health maintenance organization, licensee, or registrant for each offense.

Source: SL 1971, ch 273; SL 1974, ch 308; SL 2000, ch 235, § 1; SL 2001, ch 286, § 66; SL 2014, ch 233, § 1.
S.D. Codified Laws § 58-17E-6 — SD Code / Title 58 / Chapter 17E / Section 58-17E-6
Application of chapter
Status: in_force

This chapter applies to all discount medical plan organizations doing business in South Dakota.

Source: SL 2006, ch 257, § 6.
S.D. Codified Laws § 58-30-189 — SD Code / Title 58 / Chapter 30 / Section 58-30-189
Director's duties in regard to confidential and privileged documents
Status: in_force

In order to assist in the performance of the director's duties under §§ 58-30-141 to 58-30-195 , inclusive, the director may:

(1) Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to § 58-30-187 , with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners, its affiliates, or subsidiaries, and with state, federal, and international law enforcement authorities, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;

(2) Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information from the National Association of Insurance Commissioners, its affiliates, or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and

(3) Enter into agreements governing sharing and use of information consistent with this section.

Source: SL 2001, ch 286, § 49.
S.D. Codified Laws § 58-17H-59 — SD Code / Title 58 / Chapter 17H / Section 58-17H-59
Utilization review organization or health carrier--Health care service review--Annual report--Contents--Publication
Status: in_force

A utilization review organization or health carrier shall submit an annual report to the Division of Insurance, at the time and in the manner requested by the division, regarding the review required in accordance with § 58-17H-58 . The report must set forth:

(1) The number of prior authorizations evaluated in accordance with the review;

(2) The number of prior authorizations eliminated as a result of the review, and the reason for the elimination;

(3) The list of prior authorizations that had at least eighty percent of all requests approved, during the preceding calendar year, for a specific health care service covered by the health benefit plan, but for which the prior authorization requirement was retained due to medical or scientific evidence that justified continuation of the requirement; and

(4) The number of prior authorization requests that were submitted in the preceding calendar year for each eliminated prior authorization and the number of health care providers that had submitted a request for each eliminated prior authorization requirement.

With respect to each health care service for which prior authorization was eliminated under § 58-17H-58 , the report must provide data regarding any increase or decrease of ten percent or more, in the average number of claims submitted per health care provider, for that service, compared to the calendar year preceding the elimination.

The division shall publish the report required by this section on the division's website within sixty days after receiving the report.

Source: SL 2026, ch 201, § 3.
S.D. Codified Laws § 58-5A-41 — SD Code / Title 58 / Chapter 5A / Section 58-5A-41
Confidentiality of information in possession or control of Division--Use in regulatory or legal action--Grounds for publication by director
Status: in_force

Documents, materials, or other information including filings in the possession or control of the Division of Insurance that are obtained by or disclosed to the director or any other person in the course of an examination or investigation made pursuant to this chapter and all information reported pursuant to this chapter are recognized as being proprietary and to contain trade secrets, and are confidential by law and privileged, are not subject to open records, freedom of information, sunshine, or other related laws, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action. However, the director is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the director's official duties. The director may not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which it pertains unless the director, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the director may publish all or any part.

For purposes of the information reported and provided to the director pursuant to § 58-5A-94 , the director shall maintain the confidentiality of the group capital calculation and group capital ratio produced within the calculation and any group capital information received from an insurance holding company supervised by the Federal Reserve Board or any U.S. group-wide supervisor.

For purposes of the information reported and provided to the director pursuant to § 58-5A-97 , the director shall maintain the confidentiality of the liquidity stress test results and supporting disclosures and any liquidity stress test information received from an insurance holding company supervised by the Federal Reserve Board and non-U.S. group-wide supervisors.

Source: SL 1972, ch 267, § 35; SL 2015, ch 246, § 27; SL 2024, ch 201, § 3.
S.D. Codified Laws § 58-29D-4 — SD Code / Title 58 / Chapter 29D / Section 58-29D-4
Written agreement between administrator and insurer
Status: in_force

No administrator may act as such without a written agreement between the administrator and the insurer, and such written agreement shall be retained as part of the official records of both the insurer and the administrator for the duration of the agreement and for five years thereafter. The agreement shall contain all provisions required by this chapter, except insofar as those requirements do not apply to the functions performed by the administrator.

Source: SL 1992, ch 352, § 4.
S.D. Codified Laws § 58-30-89 — SD Code / Title 58 / Chapter 30 / Section 58-30-89
Misappropriation of funds by agent as theft
Status: in_force

Any agent or soliciting agent who, not being lawfully entitled thereto, diverts or appropriates trust funds referred to in § 58-30-88 or any portion thereof to his own use shall upon conviction be guilty of theft and shall be punished as provided by law.

Source: SL 1966, ch 111, ch 9, § 28 (2).
S.D. Codified Laws § 58-17B-6 — SD Code / Title 58 / Chapter 17B / Section 58-17B-6
Defining "preexisting conditions"--Requirements--Exclusions for loss or confinement--Extending limitation periods
Status: in_force

No long - term care insurance policy or certificate other than a policy or certificate thereunder issued to a group as defined in subdivision 58-17B-2(4)(a):

(1) Shall use a definition of "preexisting condition" which is more restrictive than the following: Preexisting condition means a condition for which medical advice or treatment was recommended by, or received from a provider of health care services, within six months preceding the effective date of coverage of an insured person;

(2) May exclude coverage for a loss or confinement which is the result of a preexisting condition unless such loss or confinement begins within six months following the effective date of coverage of an insured person.

The director may extend the limitation periods set forth herein as to specific age group categories in specific policy forms upon findings that the extension is in the best interest of the public. The definition of "preexisting condition" does not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant, and, on the basis of the answers on that application, from underwriting in accordance with that insurer's established underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period described in subdivision (2) of this section expires. No long - term care insurance policy or certificates may exclude or use waivers or riders of any kind to exclude, limit or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in subdivision (2) of this section.

Source: SL 1989, ch 440, § 6.
S.D. Codified Laws § 58-30-171 — SD Code / Title 58 / Chapter 30 / Section 58-30-171
Payment to unlicensed insurance producer prohibited
Status: in_force

No insurer or insurance producer may pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under §§ 58-30-141 to 58-30-195 , inclusive, and is not so licensed. Nothing in this section allows an insurer to pay commissions to a nonappointed insurance producer if an appointment is otherwise required.

Source: SL 2001, ch 286, § 31.
S.D. Codified Laws § 58-27-88 — SD Code / Title 58 / Chapter 27 / Section 58-27-88
Limitation on application of Secondary Mortgage Market Enhancement Act to certain investments
Status: in_force

Any investments set forth in section 106 of the Secondary Mortgage Market Enhancement Act of 1984 (PL 98-440) shall be approved by the director. The director may limit the amount in each investment or disapprove the investment.

Source: SL 1991, ch 403.
S.D. Codified Laws § 58-5-65 — SD Code / Title 58 / Chapter 5 / Section 58-5-65
Other permitted pecuniary interest of director, officer, or employee of insurer
Status: in_force

The director of the Division of Insurance may, by regulations, define and permit additional exceptions to the prohibition contained in § 58-5-61 solely to enable payment of reasonable compensation to a director, officer, or employee of the insurer, or to a corporation or firm in which a director, officer, or employee is interested, for necessary services performed or sales or purchases made to or for the insurer in the ordinary course of the insurer's business and in the usual private professional or business capacity of such director, officer, employee, or such corporation or firm.

Source: SL 1966, ch 111, ch 16, § 22 (5); SL 1974, ch 309.
S.D. Codified Laws § 58-15-46 — SD Code / Title 58 / Chapter 15 / Section 58-15-46
Excluding or restricting coverage in case of death--Return of premiums, adjustment for indebtedness and dividend credits
Status: in_force

A policy which contains any exclusion or restriction pursuant to § 58-15-45 shall also provide that in the event of death under the circumstances to which any such exclusion or restriction is applicable, the insurer will return all premiums received under the policy with adjustment for indebtedness and dividend credits. If the policy is a variable policy, the insurer may, if the policy so provides, return all premiums received under the policy with adjustment for indebtedness and adjustment to reflect the investment experience of the separate account.

Source: SL 1966, ch 111, ch 23, § 26 (2); SL 2001, ch 54, § 7.
S.D. Codified Laws § 58-38-41 — SD Code / Title 58 / Chapter 38 / Section 58-38-41
Application--Exemptions
Status: in_force

The provisions of § 58-38-40 do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident - only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long - term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance; or

(15) Individual health benefit plans of six - months duration or less that are not renewable.

Source: SL 1998, ch 291, § 7.
S.D. Codified Laws § 58-11-52 — SD Code / Title 58 / Chapter 11 / Section 58-11-52
Proof of notice of cancellation or nonrenewal of automobile policy or coverage
Status: in_force

Proof of mailing of notice of cancellation, or of intention not to renew or of reasons for cancellation, to the named insured at the address shown in the policy, shall be sufficient proof of notice.

Source: SL 1968, ch 138, § 5.
S.D. Codified Laws § 58-5-57 — SD Code / Title 58 / Chapter 5 / Section 58-5-57
Reduction of capital of stock insurer--Disapproval by director, grounds
Status: in_force

If an amendment of articles of incorporation would reduce the authorized capital stock of a stock insurer below the amount thereof then outstanding, the director shall not approve the amendment if he has reason to believe that the interests of policyholders or creditors of the insurer would be materially prejudiced by such reduction.

Source: SL 1966, ch 111, ch 16, § 8 (2).
S.D. Codified Laws § 58-17B-16 — SD Code / Title 58 / Chapter 17B / Section 58-17B-16
Temporary absence from nursing home or assisted living facility--Effect on benefits for long-term care charges and other requirements--Application
Status: in_force

If an insured is receiving benefits for long-term care services in a nursing home or assisted living facility under a long-term care policy or certificate subject to this chapter, and temporarily leaves the nursing home or assisted living facility for a period not to exceed fourteen days annually, the insurer may not reduce or limit benefits for long-term care charges incurred by the insured during that temporary absence unless otherwise provided in the policy or certificate. The insurer may not consider that absence in determining whether the insured qualifies or continues to qualify for a waiver of premium or other policy or certificate benefits or eligibility requirements. This section applies to all policies or certificates that are issued after June 30, 2005.

Source: SL 2005, ch 268, § 1.
S.D. Codified Laws § 58-14-16.30 — SD Code / Title 58 / Chapter 14 / Section 58-14-16.30
Assuming insurers that no longer meet one or more requirements
Status: in_force

If the director determines that an assuming insurer no longer meets a requirement under §§ 58-14-16.23 to 58-14-16.34, inclusive, the director may revoke or suspend the eligibility of the assuming insurer.

While an assuming insurer's eligibility is suspended, no reinsurance agreement issued, amended, or renewed after the effective date of the suspension qualifies for credit except to the extent that the assuming insurer's obligations under the contract are secured in accordance with § 58-14-16 .

If an assuming insurer's eligibility is revoked, no credit for reinsurance may be granted after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer's obligations under the contract are secured in a form acceptable to the director and consistent with the provisions of § 58-14-16 .

Source: SL 2021, ch 211, § 8.
S.D. Codified Laws § 58-33-24 — SD Code / Title 58 / Chapter 33 / Section 58-33-24
Rebate, discount, or special advantage as misdemeanor--Exception
Status: in_force

No insurer or any employee or representative thereof, and no insurance producer may pay, allow, or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in the policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy, except to the extent provided for in an applicable filing with the director as provided by law. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1966, ch 111, ch 13, § 16 (1); SL 1978, ch 359, § 2; SL 2001, ch 286, § 202.
S.D. Codified Laws § 58-5-26 — SD Code / Title 58 / Chapter 5 / Section 58-5-26
Authorization of domestic mutual insurer to transact additional kinds of insurance
Status: in_force

A domestic mutual insurer, after being authorized to transact one or more kinds of insurance, may be authorized to transact such additional kinds of insurance as are permitted under § 58-5-21 , while in compliance with this title and while maintaining unimpaired surplus funds in conformity with the requirements of §§ 58-5-21 and 58-5-22 .

Source: SL 1966, ch 111, ch 16, § 14.
S.D. Codified Laws § 58-5-154 — SD Code / Title 58 / Chapter 5 / Section 58-5-154
Qualified education loan insurer defined
Status: in_force

The term, qualified education loan insurer, means a domestic stock insurer formed under chapter 58-5 for the principal purposes of transacting surety insurance, in this state only, in the education loan market and principally or beneficially owning or through a wholly - owned subsidiary investing in education loans, including loans originated in accordance with the terms of the Higher Education Act of 1965, as amended.

Source: SL 1998, ch 287, § 1.
S.D. Codified Laws § 58-9-1 — SD Code / Title 58 / Chapter 9 / Section 58-9-1
Definitions not mutually exclusive
Status: in_force

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 which such coverage is likewise reasonably includable.

Source: SL 1966, ch 111, ch 4, § 1.
S.D. Codified Laws § 58-7-28 — SD Code / Title 58 / Chapter 7 / Section 58-7-28
Appraisal or valuation of deposited assets or securities--Cost borne by insurer
Status: in_force

The director may, prior to acceptance for deposit of any particular asset or security, or at any time thereafter while so deposited, have the same appraised or valued by appraisers approved by the director. The costs of any appraisal or valuation shall be borne by the insurer.

Source: SL 1966, ch 111, ch 7, § 9; SL 1991, ch 398, § 15.
S.D. Codified Laws § 58-29B-1 — SD Code / Title 58 / Chapter 29B / Section 58-29B-1
Citation of chapter
Status: in_force

This chapter may be cited as the Insurers Supervision, Rehabilitation, and Liquidation Act.

Source: SL 1989, ch 436, § 1.
S.D. Codified Laws § 58-30-212 — SD Code / Title 58 / Chapter 30 / Section 58-30-212
Statements required in travel retailer's written materials
Status: in_force

Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that clearly display the following:

(1) Provide the identity and contact information of the insurer and the limited lines travel insurance producer;

(2) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and

(3) Explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage.

Source: SL 2014, ch 241, § 8.
S.D. Codified Laws § 58-38-12 — SD Code / Title 58 / Chapter 38 / Section 58-38-12
Care provided by noncontracting physicians--Contracting physician unavailable
Status: in_force

If at any time that the subscriber or certificate holder is entitled to medical and surgical service no contracting physician and surgeon is available, the medical and surgical plan corporation shall provide such care by physicians and surgeons who have not contracted with such corporation, to such extent as the subscriber or certificate holder is entitled to under his certificate, and at the same rate and for the same fees as is provided for care by noncontracting physicians and surgeons, but not to exceed the limitation provided for in the certificate.

Source: SL 1966, ch 111, ch 21, § 5.
S.D. Codified Laws § 58-30-193 — SD Code / Title 58 / Chapter 30 / Section 58-30-193
Report by insurance producer of any administrative action taken against insurance producer
Status: in_force

An insurance producer shall report to the director any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent order, or other relevant legal documents.

Source: SL 2001, ch 286, § 53.
S.D. Codified Laws § 58-17-72 — SD Code / Title 58 / Chapter 17 / Section 58-17-72
Transitional period when additional class of business acquired
Status: in_force

The director may provide for a period of transition in order for a carrier to come into compliance with § 58-17-71 in the instance of acquisition of an additional class of business from another carrier.

Source: SL 1996, ch 286, § 7.
S.D. Codified Laws § 58-48-3 — SD Code / Title 58 / Chapter 48 / Section 58-48-3
Waiver not to restrict policyholder recovery or restrict director's authority
Status: in_force

The authority granted to the director under this chapter may not be construed to allow the director to grant a waiver that would abridge the recovery rights of policyholders and may not be interpreted to limit or otherwise affect the authority of the director to exercise discretion to waive or enforce requirements as permitted under any other requirement of this title, any regulation, or any bulletin. The waiver may not be construed to waive any requirements except those which inhibit the introduction of the innovative insurance product or service as addressed in the innovation waiver document.

Source: SL 2021, ch 214, § 3.
S.D. Codified Laws § 58-37A-26 — SD Code / Title 58 / Chapter 37A / Section 58-37A-26
Annual statement of affairs--Valuation of certificates--Filing requirements
Status: in_force

Every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown the time has been extended by the director, file with the director a true statement of its financial condition, transactions and affairs for the preceding calendar year. A fraternal benefit society receiving premiums, as defined in subdivision 10-44-1(5), in an amount of two hundred thousand dollars or more shall pay a five hundred dollar annual statement filing fee to the state. A fraternal benefit society receiving premiums, as defined in subdivision 10-44-1(5), in an amount less than two hundred thousand dollars, shall pay a one hundred dollar annual statement filing fee to the state. The statement shall be in general form and content as approved by the national association of insurance commissioners for fraternal benefit societies and as supplemented by additional information required by the director.

As a part of the annual statement, each society shall, on or before the first day of March, file with the director a valuation of its certificates in force on December thirty - first last preceding. However, the director may for cause shown, extend the time for filing the valuation for not more than two calendar months. The valuation shall be done in accordance with the standards specified in § 58-37A-25 . The valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the insurance regulatory agency of the state of domicile of the society.

A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit one hundred dollars for each day during which the neglect continues, and, upon notice by the director to that effect, its authority to do business in this state shall cease while the default continues.

Source: SL 1990, ch 410, § 26.
S.D. Codified Laws § 58-25-13 — SD Code / Title 58 / Chapter 25 / Section 58-25-13
Deviations, rebates, and discounts prohibited
Status: in_force

Every insurer shall hold to the rates or premiums as approved by the director and may not deviate therefrom nor allow to or for the account of any insured a rebate or discount on the rates or premiums payable. As compensation for procuring business, an insurer may pay or allow a commission to any licensed insurance producer of the insurer.

Source: SL 1966, ch 111, ch 14, § 3 (7); SL 2001, ch 286, § 133.
S.D. Codified Laws § 58-5-157 — SD Code / Title 58 / Chapter 5 / Section 58-5-157
Investment of funds in securities
Status: in_force

In addition to any investment permitted pursuant to § 58-5-156 , a qualified education loan insurer may also invest any amount in common stock, preferred stock, debt obligations, and other securities, including without limitation, membership in a limited liability company, of any subsidiary engaged or organized to engage in any of the following:

(1) The principal or beneficial ownership and management of assets authorized as investments for the qualified education loan insurer under § 58-5-156 ; or

(2) The origination, administration, and servicing of education loans, the provision of services to any school, lender, student, and borrower and otherwise providing services for any educational purposes.

Source: SL 1998, ch 287, § 4.
S.D. Codified Laws § 58-9-14 — SD Code / Title 58 / Chapter 9 / Section 58-9-14
Casualty insurance including workers' compensation insurance
Status: in_force

"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).
S.D. Codified Laws § 58-27-7 — SD Code / Title 58 / Chapter 27 / Section 58-27-7
Investments required to produce income--Exemptions--Rules
Status: in_force

No security or investment, other than real and personal property acquired under § 58-27-50 ; common shares of solvent institutions acquired under § 58-27-23 , 58-27-25 , 58-27-26 , or 58-27-51 ; investments acquired under § 58-27-103 , 58-27-104 , or 58-27-111 ; and mutual funds acquired under subdivision 58-27-17(4) that invest less than ninety percent in bonds, is eligible for acquisition unless it is interest - bearing or interest - accruing or dividend - or income - paying, and the insurer is entitled to receive for its exclusive account and benefit the interest or income accruing thereon. The director of the Division of Insurance may promulgate rules regarding the acquisition of over - the - counter and exchange listed options and financial futures, including the exemption of these securities from the operation of this section.

Source: SL 1966, ch 111, ch 6, § 3 (1); SL 1972, ch 264; SL 1983, ch 376, § 2; SL 1997, ch 294, § 4.
S.D. Codified Laws § 58-26-45.1 — SD Code / Title 58 / Chapter 26 / Section 58-26-45.1
Adoption of NAIC valuation manual of instruction--Valuation of reserve liabilities for contracts issued after operative date of valuation manual
Status: in_force

The director may, by rules promulgated pursuant to chapter 1-26 , adopt the manual of valuation instruction adopted by the NAIC after the NAIC notifies the director that the valuation manual is operative. After the director adopts the NAIC valuation manual of instruction, the director shall annually value, or cause to be valued, the reserve liabilities, hereinafter called reserves, for all outstanding life insurance contracts, annuity and pure endowment contracts, accident and health contracts, and deposit-type contracts of every company issued on or after the operative date of the valuation manual. In lieu of the valuation of the reserves required of a foreign or alien company, the director may accept a valuation made, or caused to be made, by the insurance supervisory official of any state or other jurisdiction when the valuation complies with the minimum standard provided pursuant to this chapter.

The provisions in §§ 58-26-91 to 58-26-100 , inclusive, shall apply to all policies and contracts issued on or after the operative date of the valuation manual.

Source: SL 2015, ch 254, § 3.
S.D. Codified Laws § 58-33-52 — SD Code / Title 58 / Chapter 33 / Section 58-33-52
Service of process on director, copies delivered--Mailing of copy to defendant
Status: in_force

Service of a statement of charges and notices under said Unfair Trade Practice Act shall be made by delivering to and leaving with the director or some person in apparent charge of his office, two copies thereof. Service of process issued by any court in any action, suit, or proceeding to collect any penalty under said Unfair Trade Practice Act shall be made by delivering and leaving with the director, or some person in apparent charge of his office, two copies thereof. The director shall forthwith cause to be mailed by registered or certified mail one of the copies of such statement of charges, notices, or process to the defendant at its last known principal place of business, and shall keep a record of all statements of charges, notices, and process so served. Such service of statement of charges, notices, and process shall be sufficient provided they shall have been so mailed and the defendant's receipt or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the person mailing such letter showing a compliance herewith are filed with the director in the case of any statement of charges or notices, or with the clerk of the court in which such action is pending in the case of any process, on or before the date the defendant is required to appear or within such further time as the court may allow.

Source: SL 1966, ch 111, ch 13, § 30 (2); SL 1982, ch 28, § 18.
S.D. Codified Laws § 58-17F-21 — SD Code / Title 58 / Chapter 17F / Section 58-17F-21
Promulgation of rules
Status: in_force

The director may, after consultation with the secretary, promulgate, pursuant to chapter 1-26 , reasonable rules to protect the public in its purchase of network health insurance products and to achieve the goals of this chapter, by ensuring adequate networks and by assuring quality of health care to the public that purchases network products. The rules may include:

(1) Definition of terms;

(2) Provider/covered person ratios;

(3) Geographic access requirements;

(4) Accessibility of care;

(5) Contents of reports and filings;

(6) Notification requirements;

(7) Selection criteria; and

(8) Record keeping.

Source: SL 2011, ch 219, § 21.
S.D. Codified Laws § 58-15-64 — SD Code / Title 58 / Chapter 15 / Section 58-15-64
Reinstatement provision required in annuity or endowment contract
Status: in_force

In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that the contract may be reinstated at any time within one year from the default in making stipulated payments to the insurer, unless the cash surrender value has been paid, but all overdue stipulated payments and any indebtedness to the insurer on the contract shall be paid or reinstated with interest thereon at a rate to be specified in the contract but not exceeding six percent per annum payable annually, and in cases where applicable, the insurer may also include a requirement of evidence of insurability satisfactory to the insurer.

Source: SL 1966, ch 111, ch 23, § 24.
S.D. Codified Laws § 58-27-14 — SD Code / Title 58 / Chapter 27 / Section 58-27-14
Certificates of deposit in federally insured banks
Status: in_force

An insurer may invest in certificates of deposit in any bank that is a member of the federal deposit insurance corporation.

Source: SL 1966, ch 111, ch 6, § 18; SL 1971, ch 265, § 1; SL 1974, ch 316.
S.D. Codified Laws § 58-5-110 — SD Code / Title 58 / Chapter 5 / Section 58-5-110
Legal liabilities of insurer on borrowed funds--Disclosure in financial statement
Status: in_force

Money borrowed pursuant to § 58-5-108 , together with the interest thereon if so stipulated in the agreement, shall not form a part of the insurer's legal liabilities except as to its surplus in excess of the amount thereof stipulated in the agreement, or be the basis of any setoff; but until repaid, financial statements filed or published by the insurer shall show as a footnote thereto the amount thereof then unpaid together with any interest thereon accrued but unpaid.

Source: SL 1966, ch 111, ch 16, § 34 (2).
S.D. Codified Laws § 58-30-184 — SD Code / Title 58 / Chapter 30 / Section 58-30-184
Liability for information relating to termination
Status: in_force

In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer, the director, or an organization of which the director is a member that compiles the information and makes it available to other insurance directors, commissioners, or superintendents, or regulatory or law enforcement agencies, is not subject to civil liability, and no civil cause of action of any nature may arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to §§ 58-30-180 to 58-30-193 , inclusive, or any information relating to any statement that may be requested in writing by the director, from an insurer or insurance producer; or any statement by a terminating insurer or insurance producer to an insurer or insurance producer limited solely and exclusively to whether a termination for cause under § 58-30-180 was reported to the director, if the propriety of any termination for cause under § 58-30-180 is certified in writing by an officer or authorized representative of the insurer or insurance producer terminating the relationship.

Source: SL 2001, ch 286, § 44.
S.D. Codified Laws § 58-34-37 — SD Code / Title 58 / Chapter 34 / Section 58-34-37
Contingent liability stated in assessable policy
Status: in_force

Each assessable policy issued by the insurer shall contain a statement of the contingent liability, set in type of the same prominence as the insuring clause.

Source: SL 1966, ch 111, ch 19, § 21 (3).
S.D. Codified Laws § 58-5-136 — SD Code / Title 58 / Chapter 5 / Section 58-5-136
Provisions applicable to mutual mergers and consolidations
Status: in_force

Sections 58-5-130 to 58-5-133 , inclusive, shall also apply to mergers and consolidations of mutuals.

Source: SL 1966, ch 111, ch 16, § 39 (4).
S.D. Codified Laws § 58-27-93 — SD Code / Title 58 / Chapter 27 / Section 58-27-93
Written plans for making medium or lower grade obligations--Contents of plan--Deadline
Status: in_force

The board of directors of any domestic insurance company which acquires or invests in, directly or indirectly, medium or lower grade obligations of any institution, shall adopt a written plan for the making of those investments. The plan, in addition to guidelines with respect to the quality of the issues invested in, shall contain diversification standards including standards for issuer, industry, duration, liquidity, and geographic location. Within one year from July 1, 1992, the board shall have adopted a plan.

Source: SL 1992, ch 350, § 5.
S.D. Codified Laws § 58-29G-4 — SD Code / Title 58 / Chapter 29G / Section 58-29G-4
Civil action--Damages--Attorney’s fees
Status: in_force

In addition to any other remedy provided by law, a 340B entity or a pharmacy may file a civil action against a pharmaceutical manufacturer for a violation of this chapter, and may request injunctive relief, actual and consequential damages, and reasonable attorneys' fees and costs.

Source: SL 2025, ch 198, § 5.
S.D. Codified Laws § 58-30-172 — SD Code / Title 58 / Chapter 30 / Section 58-30-172
Acceptance of payment by unlicensed insurance producer prohibited
Status: in_force

No person may accept a commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed or appointed under §§ 58-30-141 to 58-30-195 , inclusive, and is not so licensed or appointed.

Source: SL 2001, ch 286, § 32.
S.D. Codified Laws § 58-20-22 — SD Code / Title 58 / Chapter 20 / Section 58-20-22
Premium reductions and premium increases for certain insurers
Status: in_force

Any insurer writing workers' compensation in this state shall provide an appropriate reduction in premium, as determined by the insurer, to its insureds that due to size do not qualify for experience rating and who have not incurred liability for indemnity compensation or for medical losses exceeding an amount to be determined by the insurer subject to approval by the director for the past three years. Further, any insured that due to size does not qualify for experience rating and who has incurred liability for indemnity compensation or for medical losses exceeding an amount to be determined by the insurer subject to approval by the director during the past three years is subject to an appropriate increase in premium as determined by the insurer.

Source: SL 1992, ch 364, § 9; SL 1993, ch 362, § 2.
S.D. Codified Laws § 58-43-9.2 — SD Code / Title 58 / Chapter 43 / Section 58-43-9.2
Disqualification of accountant for services provided contemporaneously with audit
Status: in_force

The director may not recognize as a qualified independent certified public accountant, nor accept an annual audited financial report, prepared in whole or in part by an accountant who provides to an insurer, contemporaneously with the audit, the following nonaudit services:

(1) Bookkeeping or other services related to the accounting records or financial statements of the insurer;

(2) Financial information systems design and implementation;

(3) Appraisal or valuation services, fairness opinions, or contribution-in-kind reports;

(4) Actuarially-oriented advisory services involving the determination of amounts recorded in the financial statements. The accountant may assist an insurer in understanding the methods, assumptions, and inputs used in the determination of amounts recorded in the financial statement only if it is reasonable to conclude that the services provided will not be subject to audit procedures during an audit of the insurer's financial statements. An accountant's actuary may also issue an actuarial opinion or certification on an insurer's reserves if the following conditions have been met:

(a) Neither the accountant nor the accountant's actuary has performed any management functions or made any management decisions;

(b) The insurer has competent personnel or engages a third party actuary to estimate the reserves for which management takes responsibility; and

(c) The accountant's actuary tests the reasonableness of the reserves after the insurer's management has determined the amount of the reserves;

(5) Internal audit outsourcing services;

(6) Management functions or human resources;

(7) Broker or dealer, investment adviser, or investment banking services;

(8) Legal services or expert services unrelated to the audit; or

(9) Any other services that the director determines, by rules promulgated pursuant to chapter 1-26 , are impermissible.

Source: SL 2009, ch 271, § 8.
S.D. Codified Laws § 58-41-97 — SD Code / Title 58 / Chapter 41 / Section 58-41-97
Citation of chapter
Status: in_force

This chapter may be cited as the "Health Maintenance Organization Act of 1974."

Source: SL 1974, ch 321, § 1.
S.D. Codified Laws § 58-5-130 — SD Code / Title 58 / Chapter 5 / Section 58-5-130
Compensation for promoting merger or consolidation of stock insurers
Status: in_force

No director, officer, insurance producer, or employee of any insurer party to such merger or consolidation may receive any fee, commission, compensation, or other valuable consideration whatsoever for aiding, promoting, or assisting therein except as set forth in such plan and agreement.

Source: SL 1966, ch 111, ch 16, § 38 (3); SL 2001, ch 286, § 73.
S.D. Codified Laws § 58-29B-114 — SD Code / Title 58 / Chapter 29B / Section 58-29B-114
Treatment of claims due except for passage of time
Status: in_force

Claims that are due except for the passage of time shall be treated as settled claims are treated. However, such claims may be discounted at the rate specified in § 58-15-15.8 minus two percent.

Source: SL 1989, ch 436, § 114.
S.D. Codified Laws § 58-6A-17 — SD Code / Title 58 / Chapter 6A / Section 58-6A-17
Notice to director--Contents
Status: in_force

Any purchasing group which intends to do business in this state shall furnish notice to the director which shall:

(1) Identify the state in which the group is domiciled;

(2) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;

(3) Identify the insurance company from which the group intends to purchase its insurance and the domicile, together with the complete business address, of such company;

(4) Identify the principal place of business of the group, together with the complete business address;

(5) Provide such other information as may be required by the director to verify that the purchasing group is qualified under § 58-6A-1 ;

(6) Identify all other states in which the group intends to do business; and

(7) Specify the method by which, and the person through whom insurance shall be offered to its members whose risks are resident or located in this state.

Source: SL 1987, ch 372, § 17; SL 1988, ch 392, § 5.
S.D. Codified Laws § 58-1-10 — SD Code / Title 58 / Chapter 1 / Section 58-1-10
Existing licenses--Renewal, suspension, revocation or termination
Status: in_force

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 title.

Source: SL 1966, ch 111, ch 1, § 9; SL 2001, ch 286, § 59.
S.D. Codified Laws § 58-33-105 — SD Code / Title 58 / Chapter 33 / Section 58-33-105
Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan
Status: in_force

An insurer, prior to issuing a stop loss policy for a health benefit plan covering employees, employee dependents, or individuals located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including those measures reasonably appropriate to establish:

(1) For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;

(2) The health benefit plan is not offered by an employee leasing arrangement or professional employer organization to client employers; or

(3) For any health benefit plan that is represented as established by a single employer, the health benefit plan is covering solely employees, and dependents of employees, of the employer and the employer controls and directs the work of the employee.

Source: SL 2007, ch 292, § 13.
S.D. Codified Laws § 58-27-70 — SD Code / Title 58 / Chapter 27 / Section 58-27-70
Disposal of real estate unnecessary for transaction of insurance business--Time limit
Status: in_force

Except as stated in § 58-27-72 , the insurer shall dispose of real estate acquired under subdivision 58-27-50(1) within five years after it has ceased to be necessary for the convenient accommodation of the insurer in the transaction of its business.

Source: SL 1966, ch 111, ch 6, § 31 (1).
S.D. Codified Laws § 58-29A-55 — SD Code / Title 58 / Chapter 29A / Section 58-29A-55
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Account," any one of the three accounts created by this chapter;

(2) "Affiliate," any person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person on December thirty-first of the year immediately preceding the date the insurer becomes an insolvent insurer;

(3) "Association," the South Dakota Insurance Guaranty Association created under this chapter;

(4) "Claimant," any insured making a first party claim or any person instituting a liability claim. No person who is an affiliate of the insolvent insurer may be a claimant;

(5) "Director," the director of the Division of Insurance of the Department of Labor and Regulation;

(6) "Control," the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing ten percent or more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not exist in fact;

(7) "Covered claim,"

(a) An unpaid claim, including one for unearned premiums, submitted by a claimant, which arises out of and is within the coverage and is subject to the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if the insurer becomes an insolvent insurer after July 1, 1970, and:

(i) The claimant or insured is a resident of this state at the time of the insured event. However, for entities other than an individual, the residence of a claimant, insured, or policyholder is the state in which its principal place of business is located at the time of the insured event; or

(ii) The claim is a first party claim for damage to property with a permanent location in this state.

(b) The term, covered claim, does not include:

(i) Any amount awarded as punitive or exemplary damages;

(ii) Any amount sought as a return of premium under any retrospective rating plan;

(iii) Any amount due any reinsurer, insurer, insurance pool, or underwriting association as subrogation recoveries, reinsurance recoveries, contribution, indemnification, or otherwise. No claim for any amount due any reinsurer, insurer, insurance pool, or underwriting association may be asserted against a person insured under a policy issued by an insolvent insurer other than to the extent the claim exceeds the association obligation limitations set forth in this chapter;

(iv) Any first party claims by an insured whose net worth exceeds fifty million dollars. An insured's net worth shall be deemed to include the aggregate net worth of the insured and any of its subsidiaries and affiliates as calculated on a consolidated basis;

(v) Any first party claims by an insured which is an affiliate of the insolvent insurer;

(8) "Insolvent insurer," an insurer authorized to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, and against whom a final order of liquidation has been entered after July 1, 1970, with a finding of insolvency by a court of competent jurisdiction in the insurer's state of domicile;

(9) "Member insurer," any person who:

(a) Writes any kind of insurance to which this chapter applies, including the exchange of reciprocal or interinsurance contracts; and

(b) Is licensed to transact insurance in this state except companies defined in chapter 58-35 .

An insurer shall cease to be a member insurer effective on the day following the termination or expiration of its license to transact the kinds of insurance to which this chapter applies, however, the insurer shall remain liable as a member insurer for any obligations, including obligations for assessments levied prior to the termination or expiration of the insurer's license and assessments levied after the termination or expiration, with respect to any insurer that became an insolvent insurer prior to the termination or expiration of the insurer's license;

(10) "Net direct written premiums," direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. The term, net direct written premiums, does not include premiums on contracts between insurers or reinsurers;

(11) "Net worth," the total assets of a person less the total liabilities against those assets as determined in accordance with generally accepted accounting principles. If the person is one who prepares an annual report to shareholders, the annual report for the fiscal year immediately preceding the date the insurer becomes an insolvent insurer shall be used to determine net worth. If the person is one who does not prepare an annual report, but does prepare an annual financial report for management which reflects net worth, then the annual financial report for management for the fiscal year immediately preceding the date the insurer becomes an insolvent insurer shall be used to determine net worth;

(12) "Person," any individual, corporation, partnership, association, or voluntary organization;

(13) "Unearned premium," the premium for the unexpired period of a policy that has been terminated prior to the expiration of the period for which the premium has been paid. The term does not include any premium that is returnable to the insured for any other reason.

Source: SL 2000, ch 247, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 27; SL 2004, ch 310, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 58-15-49 — SD Code / Title 58 / Chapter 15 / Section 58-15-49
Prohibited policy provisions--Rights and obligations of insured under contract governed by law of other state
Status: in_force

No policy of life insurance shall be delivered or issued for delivery in this state if it contains any provision that the rights and obligations of the insured or any person claiming under such contract are to be governed by any other than the laws of this state.

Source: SL 1966, ch 111, ch 23, § 26 (1) (d).
S.D. Codified Laws § 58-12-15 — SD Code / Title 58 / Chapter 12 / Section 58-12-15
Paintless dent repair defined
Status: in_force

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 painting.

Source: SL 2000, ch 239, § 1.
S.D. Codified Laws § 58-33-102 — SD Code / Title 58 / Chapter 33 / Section 58-33-102
Due diligence investigation required of insurance producer before offering health benefit plan
Status: in_force

An insurance producer, prior to engaging in or assisting any person to engage in offering a health benefit plan to an employer or person located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including those measures reasonably appropriate to establish:

(1) For any insurance coverage that is represented as issued relating to the health benefit plan:

(a) The insurer issued the policy;

(b) The coverage is as represented;

(c) The insurer is an admitted insurer in this state; and

(d) The policy has been filed with, and approved by, the division or is exempt from filing requirements;

(2) For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;

(3) For any health benefit plan that is represented as established or maintained by an employee leasing arrangement or professional employer organization, the health benefit plan is fully insured; or

(4) For any health benefit plan that is represented as established by a single employer, the health benefit plan is covering solely employees and their dependents, and the employer controls and directs the work of the employee.

Source: SL 2007, ch 292, § 10.
S.D. Codified Laws § 58-10-5 — SD Code / Title 58 / Chapter 10 / Section 58-10-5
Insurance benefits recoverable from beneficiary without insurable interest
Status: in_force

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 the case may be, may maintain an action to recover such benefits from the person so receiving them.

Source: SL 1966, ch 111, ch 22, § 4 (2); SL 1995, ch 167, § 188.
S.D. Codified Laws § 58-19-39 — SD Code / Title 58 / Chapter 19 / Section 58-19-39
Credit unemployment insurance sold in connection with loans subject to chapter
Status: in_force

Any credit unemployment insurance sold in connection with loans or other credit transactions is subject to the provisions of this chapter to the extent such provisions are not inconsistent with the specific provisions of §§ 58-19-40 to 58-19-46 , inclusive.

Source: SL 1987, ch 380, § 1.
S.D. Codified Laws § 58-1-24 — SD Code / Title 58 / Chapter 1 / Section 58-1-24
Definitions related to genetic testing
Status: in_force

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 in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services. The term does not include information about an individual's sex or age;

(2) "Genetic test," an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;

(3) "Health carrier," any person who provides health insurance in this state. The term includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a fraternal benefit contract, or any person providing a plan of health insurance subject to state insurance regulation;

(4) "Health insurance," insurance provided pursuant to chapters 58-17 (except disability income insurance), 58-17 F, 58-17 G, 58-17 H, 58-17 I, 58-18 (except disability income insurance), 58-18 B, 58-38 , 58-40 , and 58-41 ;

(5) "Individual," an applicant for coverage or a person already covered by a health carrier;

(6) "Life insurer," an entity subject to regulation under chapter 58-15 or otherwise issuing contracts of life insurance and annuities under chapter 58-15 ;

(7) "Long-term care insurer," an insurer that issues long-term care insurance policies pursuant to chapter 58-17B .

Source: SL 2001, ch 267, § 1; SL 2011, ch 219, § 95; SL 2021, ch 209, § 1, eff. Jan. 1, 2022.
S.D. Codified Laws § 58-26-34 — SD Code / Title 58 / Chapter 26 / Section 58-26-34
Reserve for liability policies written during three years preceding
Status: in_force

For all liability policies written during the three years immediately preceding the date as of which the statement is made, the reserve required by § 58-26-31 shall be calculated in accordance with the Annual Statement Instructions Manual prescribed by the National Association of Insurance Commissioners as adopted by rule by the director pursuant to chapter 1-26 . But in any event, the reserve may not be less than the determined and estimated unpaid claims under policies written during the three - year period. For all liability policies written more than three years prior to the date as of which the statement is made, the reserves required by § 58-26-31 shall be determined and estimated unpaid claims.

Source: SL 1966, ch 111, ch 5, § 8 (2); SL 1995, ch 284, § 45.
S.D. Codified Laws § 58-30-8.1 — SD Code / Title 58 / Chapter 30 / Section 58-30-8.1
Notice required for termination of agency contract for fire and casualty lines--Extension of coverage on previous policies
Status: in_force

No insurance company may terminate the agency contract of an insurance producer writing fire and casualty lines of insurance except upon ninety days' notice in writing given by the company to the insurance producer. The company shall, upon a terminated insurance producer's request, extend the coverage of any policy which has been written by the insurance producer in the company and which expires or has its anniversary date during the ninety - day period to the end of the ninety - day period if the insured pays the premium therefor. The company may terminate an insurance policy on its anniversary date if the anniversary date occurs after the expiration of the ninety - day period.

Source: SL 1971, ch 271; SL 2001, ch 286, § 158.
S.D. Codified Laws § 58-27-57 — SD Code / Title 58 / Chapter 27 / Section 58-27-57
Maximum amount of investment in certain classes of securities
Status: in_force

Except with the director's consent, no insurer may have invested at any one time more than forty percent of its assets in the class of securities described in subdivisions 58-27-17(1), (2), (3), and (4) and in § 58-27-28 , exclusive of obligations of the Student Loan Marketing Association, public utilities and securities described in §§ 58-27-103 and 58-27-104 , and obligations guaranteed or insured by the United States government or any instrumentality or subdivision thereof or any state as defined in subdivision 58-1-2(17). For purposes of determining compliance with this section, the investments under subdivision 58-27-17(4) are limited to those mutual funds that are investing at least ninety percent in bonds defined in subdivisions 58-27-17(1), (2), and (3) and §§ 58-27-9 to 58-27-13 , inclusive.

Source: SL 1966, ch 111, ch 6, § 5 (5); SL 1992, ch 350, § 21; SL 1993, ch 364, § 5; SL 1997, ch 294, § 16; SL 2001, ch 284, § 1; SL 2017, ch 214, § 2.
S.D. Codified Laws § 58-3-7.1 — SD Code / Title 58 / Chapter 3 / Section 58-3-7.1
Observance of guidelines and procedures by examiner
Status: in_force

The examiner shall observe those guidelines and procedures set forth in the Examiners Handbook adopted by the National Association of Insurance Commissioners as adopted by rule by the director pursuant to chapter 1-26 . The director may also establish additional guidelines or procedures the director considers appropriate.

Source: SL 1992, ch 338, § 5; SL 1993, ch 357, § 1; SL 1995, ch 273, § 2.
S.D. Codified Laws § 58-41-35.6 — SD Code / Title 58 / Chapter 41 / Section 58-41-35.6
Exclusion of benefits for injury while under the influence of alcohol or drugs prohibited--Exception for sickness or injury caused in commission of felony
Status: in_force

A health maintenance contract that is delivered, issued for delivery, or renewed in this state may not exclude the payment of benefits for injuries sustained by an insured person because the insured was under the influence of alcohol or drugs, as defined by § 32-23-1 .

Nothing in this section precludes a health maintenance contract from excluding coverage for an insured for any sickness or injury caused in the commission of a felony.

Source: SL 1997, ch 290, §§ 6, 7.
S.D. Codified Laws § 58-4-9 — SD Code / Title 58 / Chapter 4 / Section 58-4-9
Hearings by director--Purpose
Status: in_force

The director may hold hearings for any purpose within the scope of this title deemed by him to be necessary.

Source: SL 1966, ch 111, ch 2, § 21 (1).
S.D. Codified Laws § 58-29B-102 — SD Code / Title 58 / Chapter 29B / Section 58-29B-102
Notice of application for approval of proposal
Status: in_force

Notice of the application under § 58-29B-98 shall be given to the association and to the directors of insurance of each of the states. Any such notice shall be deemed to have been given when deposited in the United States' mail, with first class postage prepaid thereon, at least thirty days prior to submission of such application to the court. Action on the application may be taken by the court provided the required notice has been given and the liquidator's proposal complies with subdivisions 58-29B-99(1) and (2).

Source: SL 1989, ch 436, § 102.
S.D. Codified Laws § 58-17-160 — SD Code / Title 58 / Chapter 17 / Section 58-17-160
Review of treatment
Status: in_force

A health carrier or plan provider subject to §§ 58-17-154 to 58-17-162 , inclusive, shall have the right to request a review of the treatment that a person is receiving not more than once every three months unless the insurer and the person's licensed physician or licensed psychologist execute an agreement that a more frequent review is necessary. Any agreement regarding the right to review a treatment plan more frequently applies only to a particular person receiving applied behavior analysis and may not apply to all persons receiving applied behavior analysis by a licensed physician, licensed psychologist, or licensed behavior analyst. The cost of obtaining a review under this section shall be paid by the health carrier or plan.

Source: SL 2015, ch 250, § 7; SL 2017, ch 212, § 3, eff. Jan. 1, 2018.
S.D. Codified Laws § 58-33-84 — SD Code / Title 58 / Chapter 33 / Section 58-33-84
Refund of unearned life and health insurance premiums on canceled policy due to death of insured--Exceptions
Status: in_force

If any life insurance policy or health insurance policy is canceled before its renewal date or expiration date because of the death of the insured and the premiums have been paid in advance on the policy, the insurer shall refund the unearned portion of the premiums paid beyond the end of the month in which the cancellation occurred to the named beneficiary or, if there is no named beneficiary, to the estate of the insured.

This section applies to all life insurance policies, except group life insurance policies, and to all health insurance policies in effect on July 1, 1994, or issued thereafter.

Source: SL 1994, ch 372, § 4; SL 2010, ch 244, § 2.
S.D. Codified Laws § 58-5A-5 — SD Code / Title 58 / Chapter 5A / Section 58-5A-5
Information statement required of partners or members of syndicate or group--Violation as misdemeanor
Status: in_force

If the person required to file the statement referred to in § 58-5A-3 is a partnership, limited partnership, syndicate or other group, the director may require that the information called for by subdivisions 58-5A-4(1) to (14), inclusive, shall be given with respect to each partner of the partnership or limited partnership, each member of the syndicate or group, and each person who controls a partner or member.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1972, ch 267, § 5; SL 1990, ch 158, § 22; SL 2015, ch 246, § 4.
S.D. Codified Laws § 58-2-24 — SD Code / Title 58 / Chapter 2 / Section 58-2-24
Delegation of powers by director
Status: in_force

The director may delegate to the actuary, attorney, examiners, or employees of the division, the exercise or discharge in the director's name of any power, duty, or function, whether ministerial, discretionary, or of whatever character, vested in or imposed upon the director under this title.

The official act of any such person so acting in the director's name and by his authority shall be deemed to be an official act of the director.

Source: SL 1966, ch 111, ch 2, § 5.
S.D. Codified Laws § 58-16-42 — SD Code / Title 58 / Chapter 16 / Section 58-16-42
Payment of death benefit--Designated beneficiary--Person incurring expenses incident to last illness or death
Status: in_force

Except as provided in § 58-16-31 , a policy of group life insurance shall contain a provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured, subject to the provisions of the policy in the event there is no designated beneficiary, as to all or any part of such sum, living at the death of the person insured, and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding five hundred dollars to any person appearing to the insurer to be equitably entitled thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured.

Source: SL 1966, ch 111, ch 24, § 3 (6).
S.D. Codified Laws § 58-17-75 — SD Code / Title 58 / Chapter 17 / Section 58-17-75
Promulgation of rules for rates charged for individual health benefit plans
Status: in_force

The director shall promulgate rules pursuant to chapter 1-26 to ensure that rating practices used by carriers are consistent with the purposes of §§ 58-17-66 to 58-17-87 , inclusive, including rules that ensure that differences in rates charged for individual health benefit plans by carriers are reasonable, and reflect objective differences in plan design, age, and gender of the insured.

Source: SL 1996, ch 286, § 10.
S.D. Codified Laws § 58-6A-11 — SD Code / Title 58 / Chapter 6A / Section 58-6A-11
Insurance company as member or owner
Status: in_force

No risk retention group shall be allowed to do business in this state if an insurance company is directly or indirectly a member or owner of such risk retention group, other than in the case of a risk retention group all of whose members are insurance companies.

Source: SL 1987, ch 372, § 11.
S.D. Codified Laws § 58-41-51.1 — SD Code / Title 58 / Chapter 41 / Section 58-41-51.1
Individual policy required for covered spouse of insured--Eligibility--Coverage--Waiting periods
Status: in_force

No accident or health insurance policy providing coverage of hospital or medical expense which in addition to covering the insured also provides coverage to the spouse of the insured shall be issued without a provision that provides that upon eligibility for medicare or social security disability benefits by one spouse the other spouse shall be entitled to have issued to him or her, without evidence of insurability, upon application to the company within sixty days following the eligibility, and upon payment of the appropriate premium, an individual policy of accident or health insurance. Such policy shall provide the coverage then being issued by the insurer which is most nearly similar to the existing coverages. This obligation can be met by continuation of coverage for spouse under existing policy at the appropriate premium. Any and all probationary or waiting periods set forth in such policy shall be considered as being met to the extent coverage was in force under the prior policy.

Source: SL 1979, ch 343.
S.D. Codified Laws § 58-30-145 — SD Code / Title 58 / Chapter 30 / Section 58-30-145
Written examination required for resident applicants
Status: in_force

A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to § 58-30-52 . The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and rules of this state.

Source: SL 2001, ch 286, § 5.
S.D. Codified Laws § 58-18B-37 — SD Code / Title 58 / Chapter 18B / Section 58-18B-37
Marketing health benefit plans--Denial of coverage to employer
Status: in_force

Each small employer carrier shall actively market health benefit plan coverage, to eligible small employers in the state. A small employer carrier may not deny coverage to a small employer on the basis of the health status or claims experience of the small employer or its employees or dependents. A network plan is not required to offer coverage to an employer whose employees do no work or reside within the carrier's established geographic service. A network plan may deny coverage to employers if it demonstrates it does not have the capacity to deliver services adequately to enrollees of any additional groups because of its obligations to existing group contract holders and enrollees, and if it is applying this denial of coverage uniformly to all employers without regard to the claims experience of those employers, and their employees and their dependents, or any health status - related factor relating to the employees and dependents.

Source: SL 1995, ch 281, § 32; SL 1997, ch 289, § 22; SL 1998, ch 289, § 20.
S.D. Codified Laws § 58-17E-25 — SD Code / Title 58 / Chapter 17E / Section 58-17E-25
Written materials on member benefits
Status: in_force

A discount medical plan organization shall prepare written materials for its members that specifies the benefits a member is to receive under the discount medical plan and that complies with §§ 58-17E-38 , 58-17E-40 , and 58-17E-42 to 58-17E-44 , inclusive.

Source: SL 2006, ch 257, § 25.
S.D. Codified Laws § 58-5A-53 — SD Code / Title 58 / Chapter 5A / Section 58-5A-53
Failure to comply with filing requirements--Fine
Status: in_force

Any insurer or other person that fails to make any filing required by §§ 58-5A-46 to 58-5A-52 , inclusive, and that fails to demonstrate a good faith effort to comply with any filing requirement is subject to an administrative fine of not less than two thousand five hundred dollars and not more than fifty thousand dollars.

Source: SL 1992, ch 341, § 15.
S.D. Codified Laws § 58-18-81 — SD Code / Title 58 / Chapter 18 / Section 58-18-81
Application--Exemptions
Status: in_force

The provisions of § 58-18-80 do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident - only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long - term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance; or

(15) Individual health benefit plans of six - months duration or less that are not renewable.

Source: SL 1998, ch 291, § 7.
S.D. Codified Laws § 58-48-15 — SD Code / Title 58 / Chapter 48 / Section 58-48-15
No guaranty association coverage for waivers
Status: in_force

A participant under this chapter is not a member insurer of any guaranty association created under title 58 unless the participant is or becomes a licensed insurer in this state pursuant to title 58 and otherwise qualifies as a member insurer under the applicable guaranty association statutes.

Source: SL 2021, ch 214, § 15.
S.D. Codified Laws § 58-24-10 — SD Code / Title 58 / Chapter 24 / Section 58-24-10
Filing of rates with director--Effective date--Character and extent of coverage--Exceptions
Status: in_force

Every insurer shall file with the director of the Division of Insurance every manual, minimum, class rate, rating schedule, or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. The filing date is the effective date thereof unless the insurer proposes an effective date subsequent to the filing date.

This section does not apply to:

(1) Inland marine risks which by general custom of the business are not written according to manual rates or rating plans; or

(2) Automobile and other motor vehicle insurance subject to § 58-24-10.1 .

Source: SL 1966, ch 111, ch 15, § 4 (1); SL 1979, ch 341, § 3; SL 2004, ch 307, § 8.
S.D. Codified Laws § 58-1-21 — SD Code / Title 58 / Chapter 1 / Section 58-1-21
Health benefit plan defined for purposes of §§ 58-1-19 to58-1-23
Status: in_force

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 multiple employer welfare arrangement; or a plan provided by another benefit arrangement, to the extent permitted by the Employee Retirement Income Security Act of 1974, as amended to January 1, 2001, or by any waiver of or other exception to that act provided under federal law or regulation. The term does not apply to any plan, policy, or contract that provides coverage only for:

(1) Accident;

(2) Credit;

(3) Disability income;

(4) Specified disease;

(5) Dental;

(6) Vision;

(7) Coverage issued as a supplement to liability insurance;

(8) Medical payments under automobile or homeowners;

(9) Insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability policy or equivalent self - insurance;

(10) Hospital income or indemnity;

(11) Long - term care; and

(12) Medicare supplement.

Source: SL 2001, ch 266, § 3.
S.D. Codified Laws § 58-22-25 — SD Code / Title 58 / Chapter 22 / Section 58-22-25
Annual registration required--Violation as misdemeanor
Status: in_force

No bail bondsperson may become a surety on an undertaking unless the bail bondsperson has registered in the office of the sheriff in the county in which the bondsperson resides. The bail bondsperson may then become a surety in any other county upon presenting to the official required to approve the sufficiency of bail, a certificate of such registration. A surety bondsperson shall also file a certified copy of appointment by power of attorney from each insurer which the bail bondsperson represents as agent with the sheriff. Registration and filing of certified copy of renewed power of attorney shall be performed annually on October first. No bail bondsperson may register with the sheriff unless such bail bondsperson is currently licensed with the director. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 26, 27; SDCL, § 58-22-48 ; SL 1974, ch 55, § 48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 15.
S.D. Codified Laws § 58-41-37 — SD Code / Title 58 / Chapter 41 / Section 58-41-37
Deceptive advertising or evidence of coverage as misdemeanor
Status: in_force

No health maintenance organization or representative thereof may cause or knowingly permit the use of advertising or solicitation which is untrue or misleading, or any form of evidence of coverage which is deceptive. Violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 321, §§ 32 (1), 50; SDCL, § 58-41-77 ; SL 1978, ch 359, § 2.
S.D. Codified Laws § 58-41-41 — SD Code / Title 58 / Chapter 41 / Section 58-41-41
Issuance to enrollees of change in evidence of coverage
Status: in_force

Any approved change in evidence of coverage shall be issued to each enrollee.

Source: SL 1974, ch 321, § 21.
S.D. Codified Laws § 58-43-22 — SD Code / Title 58 / Chapter 43 / Section 58-43-22
Application to Canadian and British insurers
Status: in_force

In the case of Canadian and British insurers, the annual audited financial report shall be defined as the annual statement of total business on the form filed by the companies with their supervision authority duly audited by an independent chartered accountant.

For these insurers, the letter required in §§ 58-43-6 and 58-43-7 shall state that the accountant is aware of the requirements relating to the annual audited financial report filed with the director pursuant to § 58-43-4 and shall affirm that the opinion expressed is in conformity with the requirements.

Source: SL 1992, ch 357, § 22; SL 2009, ch 271, § 40.
S.D. Codified Laws § 58-43-16.10 — SD Code / Title 58 / Chapter 43 / Section 58-43-16.10
Hardship waiver of requirements of §§58-43-16.2to58-43-16.9, inclusive
Status: in_force

An insurer with direct written and assumed premiums, excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, of less than five hundred million dollars may make application to the director for a waiver from the requirements of §§ 58-43-16.2 to 58-43-16.9 , inclusive, based upon hardship. The insurer shall file, with the insurer's annual statement filing, the approval for relief from §§ 58-43-16.2 to 58-43-16.9 , inclusive, with the states that the insurer is licensed in or doing business in and with the National Association of Insurance Commissioners. If the nondomestic state accepts electronic filing with the National Association of Insurance Commissioners, the insurer shall file the approval in an electronic format acceptable to the National Association of Insurance Commissioners.

Source: SL 2009, ch 271, § 25, eff. Jan. 1, 2010.
S.D. Codified Laws § 58-1-32 — SD Code / Title 58 / Chapter 1 / Section 58-1-32
Verification or acknowledgment of receipt
Status: in_force

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 verification or acknowledgment of receipt.

Source: SL 2014, ch 230, § 6.
S.D. Codified Laws § 58-33A-14 — SD Code / Title 58 / Chapter 33A / Section 58-33A-14
Recommendations to purchase or exchange annuities subject to requirements
Status: in_force

Sections 58-33A-13 to 58-33A-27 , inclusive, apply to any recommendation or sale of an annuity. The purpose of §§ 58-33A-13 to 58-33A-27 , inclusive, is to require producers, as defined in § 58-33A-13 , to act in the best interest of the consumer when making a recommendation of an annuity and to require insurers to establish and maintain a system to supervise recommendations so that the insurance needs and financial objectives of consumers at the time of the transaction are effectively addressed. Nothing in §§ 58-33A-13 to 58-33A-27 , inclusive, creates or implies a private cause of action for a violation of §§ 58-33A-13 to 58-33A-27 , inclusive, or subjects a producer to civil liability under the best interest standard of care outlined in § 58-33A-16 or under standards governing the conduct of a fiduciary or a fiduciary relationship.

Source: SL 2008, ch 273, § 2; SL 2022, ch 186, § 2, eff. Jan. 1, 2023.
S.D. Codified Laws § 58-22-47 — SD Code / Title 58 / Chapter 22 / Section 58-22-47
Administration and enforcement of chapter by director--Employment of personnel
Status: in_force

The director may administer and enforce the provisions of this chapter. The Department of Labor and Regulation may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and it shall prescribe their duties, and their compensation shall be the same as other state employees receive for similar services.

Source: SL 1966, ch 111, ch 31, § 2; SL 1986, ch 22, § 32; SL 2004, ch 17, § 307; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 58-33-85 — SD Code / Title 58 / Chapter 33 / Section 58-33-85
Health insurers prohibited from denying enrollment of dependent child on certain grounds
Status: in_force

Any insurer subject to this chapter, including any group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, as amended to January 1, 1994, who are engaged in the business of health insurance is prohibited from denying enrollment of a dependent child under the health insurance coverage of either the child's natural, adoptive, or stepparents for any of the following reasons:

(1) The child was born out of wedlock; or

(2) The child is not claimed as a dependent on the parent's federal income tax return; or

(3) The child does not reside with the parent or in the insurer's service area.

Source: SL 1994, ch 387, § 1; SL 2001, ch 274, § 3.
S.D. Codified Laws § 58-17-90 — SD Code / Title 58 / Chapter 17 / Section 58-17-90
Notice to policyholders--Disclosures
Status: in_force

The health insurer shall provide notice to policyholders regarding the coverage required by §§ 58-17-88 and 58-17-89 in accordance with rules adopted by the director of the Division of Insurance pursuant to chapter 1-26 . The notice shall be in writing and prominently positioned in any literature or correspondence. The notice shall be transmitted to policyholders in the next mailing to policyholders, in the yearly informational packet sent to policyholders, or by January 1, 1997, whichever is earliest.

Source: SL 1996, ch 292, § 3.
S.D. Codified Laws § 58-29C-60 — SD Code / Title 58 / Chapter 29C / Section 58-29C-60
No liability for performance of powers and duties of association or its members
Status: in_force

There is no liability on the part of and no cause of action of any nature may arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the director or the director's representatives, for any action or omission by them in the performance of their powers and duties under this chapter. This immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.

Source: SL 2003, ch 252, § 17; SL 2013, ch 252, § 9.
S.D. Codified Laws § 58-17-66 — SD Code / Title 58 / Chapter 17 / Section 58-17-66
Definitions for58-17-66through58-17-87
Status: in_force

Terms used in §§ 58-17-66 to 58-17-87, inclusive, mean:

(1) "Actuarial certification," any written statement by a member of the American Academy of Actuaries or other person approved by the director that a carrier is in compliance with the provisions of §§ 58-17-66 to 58-17-87 , inclusive, based upon the person's examination and a review of the appropriate records and the actuarial assumptions and methods used by the carrier in establishing premium rates for applicable individual health benefit plans;

(2) "Affiliate" or "affiliated," any person who, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, any other specified person;

(3) "Base premium rate," the lowest premium rate charged or which could have been charged for each class of business for a rating period under a rating system for that class of business, by the carrier to individuals with similar case characteristics for health benefit plans with the same or similar coverage;

(4) "Carrier," any person that provides individual health insurance in the state, includes an insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation;

(5) "Church plan," a church plan as defined in section 3(33) of the Employee Retirement Income Security Act of 1974 as adopted by the director pursuant to chapter 1-26 ;

(6) "Class of business," all or a separate grouping of persons established pursuant to §§ 58-17-66 to 58-17-87 , inclusive;

(7) "Dependent," any spouse, an unmarried child under the age of nineteen years, an unmarried child who is a full - time student under the age of twenty - three and who is financially dependent upon the parent, and any other person who qualifies as a dependent under this title;

(8) "Director," the director of the Division of Insurance;

(9) "Health benefit plan," any hospital or medical policy or certificate, hospital or medical service plan, or health maintenance organization subscriber contract of more than six-month duration. The term does not include, unless otherwise provided, specified disease, hospital indemnity, fixed indemnity, accident - only, credit, dental, vision, medicare supplement, long - term care, short term major medical plan, or disability income insurance; coverage issued as a supplement to liability insurance, worker's compensation or similar insurance; or automobile medical payment insurance;

(10) "Index rate," the arithmetic average of the applicable base premium rate and the corresponding highest premium rate for each class of business for persons with similar case characteristics;

(11) "New business premium rate," the premium rate charged or offered by an individual carrier to persons with similar case characteristics for newly issued health benefit plans with the same or similar coverage for each class of business for a rating period;

(12) "Rating characteristics," the demographic characteristics of individuals which are considered by the carrier in the determination of premium rates for the individuals;

(13) "Rating period," the calendar period for which premium rates established by a carrier are assumed to be in effect; and

(14) "Short term major medical plan," a major medical policy that is issued for a limited duration of less than twelve months and renewable at the option of the insurer.

Source: SL 1996, ch 286, § 1; SL 1997, ch 289, § 1; SL 2020, ch 208, § 1.
S.D. Codified Laws § 58-18-18 — SD Code / Title 58 / Chapter 18 / Section 58-18-18
Blanket health insurance for volunteer group or agency
Status: in_force

Blanket health insurance may be under a policy or contract issued in the name of any volunteer fire department, first aid, or other such volunteer group, or agency having jurisdiction thereof, which shall be deemed the policyholder, covering all of the members of such fire department or group.

Source: SL 1966, ch 111, ch 26, § 4 (6).
S.D. Codified Laws § 58-24-41 — SD Code / Title 58 / Chapter 24 / Section 58-24-41
Review by director of reasonableness of rule or refusal to admit insurer as subscriber
Status: in_force

Any subscriber, member, or insurer may request a hearing held by the director to determine the reasonableness of any rule or regulation of a rating organization in its application to each subscriber or the refusal of any rating organization to admit an insurer as a subscriber. The hearing shall be held upon at least ten days' written notice to such rating organization and to each subscriber or insurer pursuant to chapter 1-26 . If the director finds that the rule is unreasonable in its application to subscribers, or that an insurer is denied subscription without justification, the director shall order that the rule is not applicable to subscribers or that the insurer is to be admitted as a subscriber, as applicable.

Source: SL 1966, ch 111, ch 15, § 6 (2); SL 2014, ch 239, § 8.
S.D. Codified Laws § 58-43-16.15 — SD Code / Title 58 / Chapter 43 / Section 58-43-16.15
Certain insurers required to file Section 404 report and addendum
Status: in_force

An insurer or a group of insurers that is:

(1) Directly subject to Section 404;

(2) Part of a holding company system whose parent is directly subject to Section 404;

(3) Not directly subject to Section 404 but is a SOX compliant entity; or

(4) A member of a holding company system whose parent is not directly subject to Section 404 but is a SOX compliant entity;

If there are internal controls of the insurer or group of insurers that have a material impact on the preparation of the insurer's or group of insurers' audited statutory financial statements and those internal controls were not included in the scope of the Section 404 report, the insurer or group of insurers may either file a report in accordance with § 58-43-16.13 , or the Section 404 report and a § 58-43-16.13 report for those internal controls that have a material impact on the preparation of the insurer's or group of insurers' audited statutory financial statements not covered by the Section 404 report.

Source: SL 2009, ch 271, § 30.
S.D. Codified Laws § 58-41-93 — SD Code / Title 58 / Chapter 41 / Section 58-41-93
Winding up after revocation of certificate--Continued operation to protect enrollees
Status: in_force

When the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation whatsoever. The director may, by written order, permit further operation of the organization as he may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.

Source: SL 1974, ch 321, § 38.
S.D. Codified Laws § 58-12-23 — SD Code / Title 58 / Chapter 12 / Section 58-12-23
Application for or acceptance of medical assistance paid by department operates as release of information to facilitate coordination of benefits--Request
Status: in_force

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 insurer that would facilitate efficient coordination of benefits between the department and the insurer, which may include:

(1) The name, address, date of birth, social security number if available, and unique health care identification number of the covered individual;

(2) The name, address, date of birth, social security number if available, policy number, group identification number of the policyholder, sponsor, or subscriber;

(3) The name and address of the employer if it is an employer-employee benefit plan; types of services covered under the plan or policy; and the name and address of the claims administrator for the policy or plan;

(4) Previously paid benefits including the name and address of the payee; and

(5) The name and address of claims processing or administration centers, or both.

Upon written request by the department, the insurer shall provide the requested information in writing within thirty calendar days of receipt of the request.

Source: SL 2005, ch 263, § 2; SL 2007, ch 286, § 1.
S.D. Codified Laws § 58-27-75 — SD Code / Title 58 / Chapter 27 / Section 58-27-75
Ineligible personal property or securities not allowable as assets of insurer
Status: in_force

While any property or security described in § 58-27-74 remains so ineligible it shall not be allowed as an asset of the insurer.

Source: SL 1966, ch 111, ch 6, § 32 (2).
S.D. Codified Laws § 58-15-54 — SD Code / Title 58 / Chapter 15 / Section 58-15-54
Prohibited policy provisions in industrial life insurance--Denial of liability because of other insurance
Status: in_force

No policy of industrial life insurance shall contain any provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other insurance from the same insurer.

Source: SL 1966, ch 111, ch 23, § 27 (1).
S.D. Codified Laws § 58-27-49 — SD Code / Title 58 / Chapter 27 / Section 58-27-49
Sale of mortgage loans to federal national mortgage association
Status: in_force

Notwithstanding any other provision of law, any institution, including an insurance company or other insuring organization, organized under the laws of this state, which has as one of its principal purposes the making or purchasing of loans secured by real estate mortgages, is authorized to sell such mortgage loans to the federal National Mortgage Association, a corporation chartered by an act of Congress, or any successor thereof, and in connection therewith to make payments of any capital contributions, required pursuant to law, in the nature of subscriptions for stock of the federal National Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.

Source: SL 1955, ch 231; SDC Supp 1960, § 39.0309.
S.D. Codified Laws § 58-11-50 — SD Code / Title 58 / Chapter 11 / Section 58-11-50
Request of insured for reason for cancellation
Status: in_force

Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall upon written request of the named insured, mailed or delivered to the insurer not less than fifteen days prior to the effective date of cancellation, specify in writing the reason for such cancellation. Such reason shall be mailed or delivered to the named insured within five days after receipt of such request.

Source: SL 1968, ch 138, § 7.
S.D. Codified Laws § 58-2-26 — SD Code / Title 58 / Chapter 2 / Section 58-2-26
Records--Keeping by director--Public inspection
Status: in_force

The director shall keep permanent records of his official transactions, examinations, investigations, and proceedings. Such records and insurance filings in his office shall be open to public inspection, except as otherwise provided in this title with respect to particular records or filings.

Source: SL 1966, ch 111, ch 2, § 10.
S.D. Codified Laws § 58-14-24 — SD Code / Title 58 / Chapter 14 / Section 58-14-24
Definition of terms
Status: in_force

Terms used in §§ 58-14-24 to 58-14-42 , inclusive, mean:

(1) "Actuary," any person who is a member in good standing of the American Academy of Actuaries;

(2) "Controlling person," any person who, directly or indirectly, has the power to direct or cause to be directed the management, control, or activities of the agent or broker who sells, solicits, negotiates, or places reinsurance;

(3) "Reinsurance agent or agent," any person that has authority to bind or manage all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for the reinsurer whether known as a manager or other similar term;

(4) "Reinsurance broker or broker," any person, other than an officer or employee of the ceding insurer, who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of the insurer.

Source: SL 1992, ch 345, § 1.
S.D. Codified Laws § 58-5-94 — SD Code / Title 58 / Chapter 5 / Section 58-5-94
Assets of domestic insurer to be maintained in state--Exceptions
Status: in_force

Every domestic insurer shall have and maintain its assets in this state, except as to:

(1) Real property and personal property appurtenant thereto lawfully owned by the insurer and located outside this state; and

(2) Such property of the insurer as may be customary, necessary, and convenient to enable and facilitate the operation of its branch offices and "regional home offices" located outside this state as referred to in § 58-5-97 .

Source: SL 1966, ch 111, ch 16, § 24 (2).
S.D. Codified Laws § 58-20-4 — SD Code / Title 58 / Chapter 20 / Section 58-20-4
Separate coverage of workers' compensation liabilities
Status: in_force

Every policy of workers' compensation insurance, issued or delivered in this state by an authorized domestic or foreign insurer, shall cover separately and for a separate consideration, all the liabilities which are imposed upon an insurer by the provisions of the title, Workers' Compensation, and amendments thereof, whatever other contingencies may be insured by riders attached thereto or endorsements made thereon.

Source: SL 1966, ch 111, ch 29, § 5.
S.D. Codified Laws § 58-27-74 — SD Code / Title 58 / Chapter 27 / Section 58-27-74
Disposal of lawfully acquired ineligible property--Extension of time
Status: in_force

Any personal property or securities lawfully acquired by an insurer which it could not otherwise have invested in or loaned its funds upon at the time of such acquisition, shall be disposed of by the insurer within one year from date of acquisition, unless within such period the security has attained the standard for eligibility. The director, upon application and proof that forced sale of any such property or security would be against the best interests of the insurer, may extend the disposal period for an additional reasonable time.

Source: SL 1966, ch 111, ch 6, § 32 (1).
S.D. Codified Laws § 58-5-16 — SD Code / Title 58 / Chapter 5 / Section 58-5-16
Temporary insurance producer's licenses for solicitation of applications for mutual insurance--Issuance by director
Status: in_force

The director shall, upon the corporation's application therefor, issue temporary insurance producer's licenses for a period not exceeding six months for the solicitation of such applications to individuals qualifying for a resident insurance producer license except as to the taking or passing of an examination. The director may suspend or revoke any such license for any of the causes and pursuant to the same procedures as are applicable to suspension or revocation of licenses of insurance producers in general.

Source: SL 1966, ch 111, ch 16, § 11 (4); SL 2001, ch 286, § 69.
S.D. Codified Laws § 58-40-1 — SD Code / Title 58 / Chapter 40 / Section 58-40-1
Incorporators, number required--Purpose of incorporation
Status: in_force

Five or more natural persons of full age and of either sex, all of whom are residents of this state and citizens of the United States, may form, under the provisions of the laws of this state relating to benevolent corporations, so far as those provisions are applicable and are not inconsistent with the provisions of this chapter, a nonprofit hospital service plan corporation for the purpose of establishing and operating a nonprofit hospital service plan, whereby hospital service may be provided by one or more hospitals with which such corporation has a contract for such purpose, to such of the public as become subscribers to said corporation under a contract which entitles each subscriber to certain hospital care.

Such corporation shall be governed by this chapter and shall be subject to regulation and supervision by the director as hereinafter provided.

Source: SL 1966, ch 111, ch 21, § 14.
S.D. Codified Laws § 58-33-70 — SD Code / Title 58 / Chapter 33 / Section 58-33-70
Definitions--Aftermarket crash parts
Status: in_force

Terms used in § 58-33-71 mean:

(1) "Aftermarket crash part," a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;

(2) "Installer," an individual who actually does the work of replacing or repairing parts of a motor vehicle;

(3) "Insurer," an insurance company and any person authorized to represent the insurer with respect to a claim;

(4) "Nonoriginal equipment manufacturer (non-OEM) aftermarket crash part," aftermarket crash parts not made for or by the manufacturer of the motor vehicle;

(5) "Repair facility," any motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.

Source: SL 1990, ch 408, § 1.
S.D. Codified Laws § 58-17-52 — SD Code / Title 58 / Chapter 17 / Section 58-17-52
Prior contracts or policies excepted
Status: in_force

The provisions of §§ 58-17-1 to 58-17-51 , inclusive, shall not apply to any contracts or policies entered into or issued prior to February 8, 1966, nor to any extensions, renewals, or modifications thereof or amendments thereto whenever made.

Source: SL 1966, ch 111, ch 25, § 29.
S.D. Codified Laws § 58-30-115.1 — SD Code / Title 58 / Chapter 30 / Section 58-30-115.1
Renewal of license by persons over age sixty-five
Status: in_force

Any licensee meeting the exception under subdivision 58-30-115(2) shall renew his or her license pursuant to § 58-30-121 . Nothing in that subdivision requires a licensee who has reached the age of sixty-five prior to July 1, 2006, and, as of July 1, 2006, has been licensed for at least ten years, to meet the continuing education requirements of this chapter.

Source: SL 2006, ch 262, § 2; SL 2015, ch 260, § 8.
S.D. Codified Laws § 58-34-53 — SD Code / Title 58 / Chapter 34 / Section 58-34-53
Determination of financial condition--Rules applied by director
Status: in_force

In determining the financial condition of a reciprocal insurer the director shall apply the rules set forth in §§ 58-34-54 to 58-34-60 , inclusive.

Source: SL 1966, ch 111, ch 19, § 18.
S.D. Codified Laws § 58-17E-42 — SD Code / Title 58 / Chapter 17E / Section 58-17E-42
Disclosures required for telephone contacts
Status: in_force

If the initial contact with a prospective member is by telephone, the disclosures required by § 58-17E-41 shall be made orally and included in the initial written materials that describe the benefits under the discount medical plan provided to the prospective or new member.

Source: SL 2006, ch 257, § 40.
S.D. Codified Laws § 58-30-135 — SD Code / Title 58 / Chapter 30 / Section 58-30-135
Rules for implementation and administration of §§58-30-124to58-30-139
Status: in_force

The director may adopt rules, pursuant to chapter 1-26 , for the implementation and administration of the provisions of §§ 58-30-124 to 58-30-139 , inclusive. The rules may include definitions, licensure, contract provisions, accounting, recordkeeping, examinations, claims, procedures and settlement, insurer and managing general agent duties, and the amount and kind of business a managing general agent may perform for an insurer.

Source: SL 1992, ch 353, § 12.
S.D. Codified Laws § 58-16-6 — SD Code / Title 58 / Chapter 16 / Section 58-16-6
Employee group insurance--Payment of premium
Status: in_force

The premium for a policy issued under § 58-16-2 may be paid entirely by the policyholder, or by funds paid entirely by the insured employees, or by funds contributed by both the policyholder and the insured employees. A policy on which no part of the premium is to be derived from funds contributed by the insured employees must insure all eligible employees, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.

Source: SL 1966, ch 111, ch 24, § 1 (1) (b); SL 1998, ch 288, § 3; SL 2008, ch 262, § 2.
S.D. Codified Laws § 58-19-24 — SD Code / Title 58 / Chapter 19 / Section 58-19-24
Forms--Filing with director
Status: in_force

All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this state and the schedules of premium rates pertaining thereto shall be filed with the director.

Source: SL 1966, ch 111, ch 27, § 7 (1).
S.D. Codified Laws § 58-17A-17 — SD Code / Title 58 / Chapter 17A / Section 58-17A-17
Conditional or discriminatory policy or certificate prohibited
Status: in_force

No issuer may deny or condition the issuance or effectiveness of any medicare supplement policy or certificate available for sale in this state, nor discriminate in the pricing of a policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of an applicant if an application for a policy or certificate is submitted prior to or during the six - month period beginning with the first day of the month in which an individual is sixty - five years of age or older and is enrolled for benefits under medicare part B. Each medicare supplement policy and certificate currently available from an issuer shall be made available to all applicants who qualify under this section without regard to age.

This does not prevent the exclusion of benefits under a policy or certificate during the first six months based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the six months before the policy or certificate became effective.

Source: SL 1992, ch 347, § 17; SL 1996, ch 293, § 3.
S.D. Codified Laws § 58-15-91 — SD Code / Title 58 / Chapter 15 / Section 58-15-91
Lapse of time and payments beyond cessation year allowed for calculations
Status: in_force

Any paid - up annuity, cash surrender, or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations beyond the beginning of the contract year in which cessation of payment of considerations under the contract occurs.

Source: SL 2004, ch 299, § 10.
S.D. Codified Laws § 58-30-74.2 — SD Code / Title 58 / Chapter 30 / Section 58-30-74.2
Renewal of license by business entity
Status: in_force

Each business entity licensed under this chapter shall file a biennial license renewal with the director on or before July first or within an extension of time granted by the director for good cause. The renewal application shall be in the form prescribed by the director.

Source: SL 2018, ch 282, § 1.
S.D. Codified Laws § 58-32-9 — SD Code / Title 58 / Chapter 32 / Section 58-32-9
Licensing provisions applicable
Status: in_force

The surplus line broker license and licensee shall be subject to the applicable provisions of chapter 58-30 .

Source: SL 1966, ch 111, ch 11, § 12 (4).
S.D. Codified Laws § 58-4-18 — SD Code / Title 58 / Chapter 4 / Section 58-4-18
Prosecution of action for enforcement of director's order
Status: in_force

The director shall prosecute an action in any court of proper venue to enforce any order made by him pursuant to the provisions of this title.

Source: SL 1966, ch 111, ch 2, § 12 (2).
S.D. Codified Laws § 58-41-107 — SD Code / Title 58 / Chapter 41 / Section 58-41-107
Reasonable participation requirements for group members of purchasing organizations
Status: in_force

An insurer may as a condition of offering coverage or continuing coverage require reasonable participation requirements of groups who become members of an organization.

Source: SL 1994, ch 382, § 9.
S.D. Codified Laws § 58-15-23 — SD Code / Title 58 / Chapter 15 / Section 58-15-23
Participating policies--Annual dividends, ascertainment, and apportionment
Status: in_force

There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy provided the policy is in force and all premiums to that date are paid.

Source: SL 1966, ch 111, ch 23, § 8 (1).
S.D. Codified Laws § 58-29B-101 — SD Code / Title 58 / Chapter 29B / Section 58-29B-101
Insolvent insurer writing life or health insurance or annuities--Liquidator to include disbursements to guaranty in proposal
Status: in_force

The liquidator's proposal shall, with respect to an insolvent insurer writing life or health insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or health insurance or annuities or to any other entity or organization reinsuring, assuming, or guaranteeing policies or contracts of insurance under the acts creating such associations.

Source: SL 1989, ch 436, § 101.
S.D. Codified Laws § 58-29A-90 — SD Code / Title 58 / Chapter 29A / Section 58-29A-90
Stay of default proceedings against insolvent insurer--Setting aside of prior proceedings
Status: in_force

Any proceeding in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall, subject to waiver by the association in specific cases involving covered claims, be stayed until the last day fixed by the court for the filing of claims and such additional time thereafter as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in the state, whichever is later, to permit proper defense by the association of all pending causes of action. As to any covered claims arising from a judgment under any decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured, the association, either on its own behalf or on behalf of such insured, may apply to have the judgment, order, decision, verdict, or finding set aside by the same court or administrator that made the judgment, order, decision, verdict, or finding and shall be permitted to defend against the claim on the merits.

Source: SL 2000, ch 247, § 37.
S.D. Codified Laws § 58-27-6 — SD Code / Title 58 / Chapter 27 / Section 58-27-6
Time of investment limitation based on amount of insurer's admitted assets, risk based capital, or capital and surplus
Status: in_force

Unless otherwise specified, any investment limitation based upon the amount of the insurer's admitted assets, risk based capital, or capital and surplus, shall relate to such admitted assets, risk based capital, or capital and surplus as shown by the insurer's annual statement as of the December thirty - first next preceding date of acquisition of the investment by the insurer, or as shown by a current financial statement filed with the director. For purposes of computing any limitation based upon admitted assets, the insurer shall deduct the following to the extent included in the insurer's admitted assets, from the amount of its admitted assets:

(1) Collateral received in a reverse repurchase transaction or a securities lending transaction;

(2) Cash received in a dollar roll transaction; and

(3) The assets in any separate accounts maintained by the insurer.

Source: SL 1966, ch 111, ch 6, § 2 (4); SL 1997, ch 294, § 3.
S.D. Codified Laws § 58-24-15 — SD Code / Title 58 / Chapter 24 / Section 58-24-15
Review of filings by director
Status: in_force

The director shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter.

Source: SL 1966, ch 111, ch 15, § 4 (3).
S.D. Codified Laws § 58-29B-76 — SD Code / Title 58 / Chapter 29B / Section 58-29B-76
Transfer for or on account of new and contemporaneous consideration--Transfer to secure future loan--Effects
Status: in_force

A transfer of property for or on account of a new and contemporaneous consideration which is deemed under §§ 58-29B-69 to 58-29B-72 , inclusive, to be made or suffered after the transfer because of delay in perfecting it does not thereby become a transfer for or on account of an antecedent debt if any acts required by the applicable law to be performed in order to perfect the transfer as against liens or bona fide purchasers' rights are performed within twenty - one days or any period expressly allowed by the law, whichever is less. A transfer to secure a future loan, if such a loan is actually made, or a transfer which becomes security for a future loan, shall have the same effect as a transfer for or on account of a new and contemporaneous consideration.

Source: SL 1989, ch 436, § 76.
S.D. Codified Laws § 58-29A-102 — SD Code / Title 58 / Chapter 29A / Section 58-29A-102
Judicial review of director's actions
Status: in_force

Any final action or order of the director under this chapter is subject to judicial review in a court of competent jurisdiction.

Source: SL 2000, ch 247, § 49.
S.D. Codified Laws § 58-17H-12 — SD Code / Title 58 / Chapter 17H / Section 58-17H-12
Access to representative for post-evaluation or post-stabilization services
Status: in_force

For immediately required post-evaluation or post-stabilization services, a health carrier shall provide access to a designated representative twenty-four hours a day, seven days a week, to facilitate review, or otherwise provide coverage with no financial penalty to the covered person.

Source: SL 2011, ch 219, § 37.
S.D. Codified Laws § 58-35-23 — SD Code / Title 58 / Chapter 35 / Section 58-35-23
Filing of bylaws--Disapproval by director
Status: in_force

The insurer shall promptly file with the director two certified copies of its bylaws and all amendments thereto. The director at the time of filing or at any time thereafter may disapprove any bylaw provision deemed by him to be unlawful, unreasonable, inadequate, unfair, or detrimental to the proper interests or protection of the insurer's members or any class thereof.

Source: SL 1966, ch 111, ch 17, § 14 (2); SL 1993, ch 369, § 5.
S.D. Codified Laws § 58-11A-8 — SD Code / Title 58 / Chapter 11A / Section 58-11A-8
Dates after which policies must comply with this chapter--Extension
Status: in_force

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 be issued under this chapter. Any policy form which has been approved or permitted to be issued prior to July 1, 1986, and which meets the standards set by this chapter, need not be refiled for approval but may continue to be lawfully delivered or issued for delivery in this state upon the filing with the director of a list of such forms identified by form number and accompanied by a certificate as to each such form in the manner provided in § 58-11A-5 . The director may, in his sole discretion, extend the dates in this section.

Source: SL 1981, ch 360, § 8.
S.D. Codified Laws § 58-29E-15.1 — SD Code / Title 58 / Chapter 29E / Section 58-29E-15.1
Discrimination prohibited--Treble damages
Status: in_force

A pharmacy benefit manager or a pharmacy benefit manager affiliate who has engaged in a discriminatory act, as prohibited in § 58-29E-15 , is liable to the 340B entity for damages, including actual and consequential damages, and is liable for reasonable attorneys' fees and costs.

Source: SL 2024, ch 203, § 5, eff. Jan. 1, 2025.
S.D. Codified Laws § 58-17-108 — SD Code / Title 58 / Chapter 17 / Section 58-17-108
Disability income insurance defined
Status: in_force

For the purposes of §§ 58-17-108 to 58-17-112 , inclusive, the term, disability income insurance, means a policy or certificate of insurance that primarily provides payment to or for the benefit of the policyholder or certificate holder based, in whole or in part, upon lost wages or other earned income or business or financial losses as a result of an inability to work due to sickness, injury, or a combination of sickness and injury.

Source: SL 2001, ch 276, § 1.