S.D. Codified Laws § 58-17H-33 — SD Code / Title 58 / Chapter 17H / Section 58-17H-33
Information required to be provided to covered persons and prospective covered persons
Status: in_force

In the certificate of coverage or member handbook provided to covered persons, a health carrier shall include a clear and comprehensive description of its utilization review procedures, including the procedures for obtaining review of adverse determinations, and a statement of rights and responsibilities of covered persons with respect to those procedures. A health carrier shall include a summary of its utilization review and benefit determination procedures in materials intended for prospective covered persons. A health carrier shall print on its membership cards a toll-free telephone number to call for utilization review and benefit decisions.

Source: SL 2011, ch 219, § 58.
S.D. Codified Laws § 58-20-32 — SD Code / Title 58 / Chapter 20 / Section 58-20-32
Voluntary termination of participation in self-insurance association
Status: in_force

A member may voluntarily terminate its participation in an association by giving written notice to the other members of the association and the department at least ninety days before the desired termination date. The voluntary termination shall be approved by the department if it finds that the terminating member and the remaining members of the association are in good standing and have met all requirements of §§ 58-20-25 to 58-20-40 , inclusive.

Source: SL 1995, ch 282, § 8.
S.D. Codified Laws § 58-5A-65 — SD Code / Title 58 / Chapter 5A / Section 58-5A-65
False statements, reports, or filings as felony
Status: in_force

Any officer, director, or employee of an insurance holding company system who knowingly subscribes to or makes or causes to be made any false statements or false reports or false filings with the director is guilty of a Class 6 felony.

Source: SL 1992, ch 341, § 32.
S.D. Codified Laws § 58-5A-23 — SD Code / Title 58 / Chapter 5A / Section 58-5A-23
Disclosure of immaterial information not required
Status: in_force

No information need be disclosed on the registration statement filed pursuant to the provisions of § 58-5A-20 if the information is not material for the purposes of this chapter. Unless the director by rule or order provides otherwise, sales, purchases, exchanges, loans, or extensions of credit, or investments, involving one percent or less of an insurer's admitted assets as of December thirty - first immediately preceding are not material for purposes of this section. The definition of materiality provided in this section does not apply for purposes of the group capital calculation or the liquidity stress test framework.

Source: SL 1972, ch 267, § 17; SL 2024, ch 201, § 2.
S.D. Codified Laws § 58-5-42 — SD Code / Title 58 / Chapter 5 / Section 58-5-42
Directors of domestic mutual insurer--Number, qualifications, election, terms of office, and powers
Status: in_force

The bylaws of a domestic mutual insurer shall provide for election of directors by the members, and the number, qualifications, terms of office, and powers of directors.

Source: SL 1966, ch 111, ch 16, § 16 (2) (b).
S.D. Codified Laws § 58-35-11 — SD Code / Title 58 / Chapter 35 / Section 58-35-11
Misleading name of proposed corporation--Rejection by director
Status: in_force

If the director deems the name of the proposed corporation to be so similar to one already appropriated by another company as to be likely to mislead the public, he shall reject the name applied for and shall notify the incorporators thereof.

Source: SL 1966, ch 111, ch 17, § 9 (2).
S.D. Codified Laws § 58-4-6 — SD Code / Title 58 / Chapter 4 / Section 58-4-6
Proceedings instituted by director--Legal representation
Status: in_force

The director shall be represented by the attorney general, his assistants, or by such other attorney at law as may be designated by the attorney general.

Source: SL 1966, ch 111, ch 2, § 12 (3).
S.D. Codified Laws § 58-18-4.2 — SD Code / Title 58 / Chapter 18 / Section 58-18-4.2
Required duration of participation by employer member in association plan
Status: in_force

An employer member that participates in an association under §§ 58-18-3 and 58-18-4 shall participate in the association plan for a period of not less than three consecutive calendar years. Any contract issued to an association shall contain reasonable enforcement provisions including reasonable fees or assessments for early departure or for enrollment in another multiple employer plan during the early departure date.

Source: SL 2019, ch 212, § 3.
S.D. Codified Laws § 58-32-5 — SD Code / Title 58 / Chapter 32 / Section 58-32-5
Exemption of interstate commerce
Status: in_force

The provisions of this chapter do not apply, except as to § 58-32-43 , to the following insurances if so placed by licensed insurance producers or surplus line brokers of this state:

(1) Ocean marine and foreign trade insurances;

(2) Insurance on subjects located, resident, or to be performed wholly outside of this state, or on vehicles or aircraft owned and principally garaged outside this state;

(3) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in such operations;

(4) Insurance of aircraft owned or operated by manufacturers of aircraft, or of aircraft operated in commercial interstate flight, or cargo of such aircraft, or against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of such aircraft.

Source: SL 1966, ch 111, ch 11, § 2 (1); SL 2001, ch 286, § 194.
S.D. Codified Laws § 58-10-8 — SD Code / Title 58 / Chapter 10 / Section 58-10-8
Insurable interest in property defined
Status: in_force

"Insurable interest" as used in §§ 58-10-7 and 58-10-9 means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.

Source: SL 1966, ch 111, ch 22, § 6 (2).
S.D. Codified Laws § 58-18-54 — SD Code / Title 58 / Chapter 18 / Section 58-18-54
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 § 58-24-9 — SD Code / Title 58 / Chapter 24 / Section 58-24-9
Uniformity as to rates not required
Status: in_force

Except to the extent necessary to meet the provisions of § 58-24-5 , uniformity among insurers in any matters within the scope of §§ 58-24-4 to 58-24-8 , inclusive, is neither required nor prohibited.

Source: SL 1966, ch 111, ch 15, § 3 (2).
S.D. Codified Laws § 58-16-3.1 — SD Code / Title 58 / Chapter 16 / Section 58-16-3.1
Group life insurance authorized for groups to which group health insurance may be issued
Status: in_force

Group life insurance may be issued, under a policy, to any person or organization to which a policy of group health insurance may be issued or delivered in this state to insure any class or classes of individuals that could be insured under such group health policy.

Source: SL 2004, ch 300, § 1.
S.D. Codified Laws § 58-16-41 — SD Code / Title 58 / Chapter 16 / Section 58-16-41
Effect of death of person insured under group policy during period in which entitled to individual policy
Status: in_force

Except as provided in § 58-16-31 , a policy of group life insurance shall contain a provision that if a person insured under the group policy dies during the period within which he would have been entitled to have an individual policy issued to him in accordance with § 58-16-39 or 58-16-40 and before such an individual policy shall have become effective, the amount of life insurance which he would have been entitled to have issued to him under such individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made.

Source: SL 1966, ch 111, ch 24, § 3 (10).
S.D. Codified Laws § 58-6-80 — SD Code / Title 58 / Chapter 6 / Section 58-6-80
Confidentiality of analysis ratios and examination synopses--Participation in regulatory information system
Status: in_force

All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department by the National Association of Insurance Commissioners' Insurance Regulatory Information System are confidential and may not be disclosed by the department.

All insurers subject to this statute shall participate in the National Association of Insurance Commissioners Insurance Regulatory Information System.

Source: SL 1992, ch 342, § 3.
S.D. Codified Laws § 58-19-31 — SD Code / Title 58 / Chapter 19 / Section 58-19-31
Claims--Reporting to insurer--Settlement
Status: in_force

All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.

Source: SL 1966, ch 111, ch 27, § 10 (1).
S.D. Codified Laws § 58-18A-59 — SD Code / Title 58 / Chapter 18A / Section 58-18A-59
Contracts and coverages not included within definition of plan
Status: in_force

For the purposes of this chapter, the term, plan, does not include:

(1) Hospital indemnity coverage benefits or other fixed indemnity coverage;

(2) Accident only coverage;

(3) Specified disease or specified accident coverage;

(4) Limited benefit health coverage;

(5) School accident-type coverages that cover students for accidents only, including athletic injuries, either on a twenty-four-hour basis or on a to-and-from-school basis;

(6) Medicare supplement policies;

(7) A state plan under the medical assistance program;

(8) A governmental plan, which, by law, provides benefits that are in excess of those of any private insurance plan or other nongovernmental plan ; or

(9) Benefits provided in long-term care insurance policies for nonmedical services including personal care, adult day care, homemaker services, assistance with activities of daily living, respite care and custodial care, or for contracts that pay a fixed daily benefit without regard to expenses incurred or the receipt of services.

Source: SL 2006, ch 259, § 7; SL 2007, ch 290, § 2.
S.D. Codified Laws § 58-17-156 — SD Code / Title 58 / Chapter 17 / Section 58-17-156
Policies, contracts, certificates, and plans subject to §§58-17-154to58-17-162
Status: in_force

Except as provided in § 58-17-155 , §§ 58-17-154 through 58-17-162 apply to all individual and group health insurance policies, contracts, and certificates issued by health carriers as defined in § 58-17H-1 and self-funded nonfederal governmental plans with the exception of the state employee health plan sponsored by the State of South Dakota.

Source: SL 2015, ch 250, § 3; SL 2020, ch 209, § 6.
S.D. Codified Laws § 58-19-28 — SD Code / Title 58 / Chapter 19 / Section 58-19-28
Withdrawal of approval of form--Notice and hearing
Status: in_force

The director may, at any time after a hearing held not less than twenty days after written notice to the insurer, withdraw his approval of any such form on any ground set forth in § 58-19-26 . The written notice of such hearing shall state the reason for the proposed withdrawal.

Source: SL 1966, ch 111, ch 27, § 7 (4).
S.D. Codified Laws § 58-29B-121 — SD Code / Title 58 / Chapter 29B / Section 58-29B-121
Creditor's claim secured by "other person"--Subrogation--Right to distribution
Status: in_force

If a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person is not entitled to any distribution paid on the claim from the insurer's estate to the creditor if the claim of the other person equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term "other person," as used in this section is not intended to apply to a guaranty association or foreign guaranty association.

Source: SL 1989, ch 436, § 121.
S.D. Codified Laws § 58-16-43 — SD Code / Title 58 / Chapter 16 / Section 58-16-43
Chapter inapplicable to prior policies
Status: in_force

The provisions of this chapter 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 24, § 4.
S.D. Codified Laws § 58-18-11 — SD Code / Title 58 / Chapter 18 / Section 58-18-11
Direct payment for hospital, medical, or surgical services--Option of insurer
Status: in_force

Any group health policy may on request by the group policyholder provide that all or any portion of any indemnities provided by any such policy on account of hospital, nursing, medical, or surgical services may, at the insurer's option, be paid directly to the hospital or person rendering such services; but the policy may not require that the service be rendered by a particular hospital or person. Payment so made shall discharge the insurer's obligation with respect to the amount of insurance so paid.

Source: SL 1966, ch 111, ch 26, § 3.
S.D. Codified Laws § 58-6A-17.2 — SD Code / Title 58 / Chapter 6A / Section 58-6A-17.2
Information required by director--Time for giving notice and information
Status: in_force

Each group that is required to give notice pursuant to § 58-6A-17 shall also furnish such information as may be required by the director to:

(1) Verify that the entity qualifies as a purchasing group;

(2) Determine where the purchasing group is located; and

(3) Determine appropriate tax treatment.

Any purchasing group which was doing business in this state prior to July 1, 1988, shall, within thirty days thereafter, furnish notice to the director pursuant to the provisions of § 58-6A-17 and furnish such information as may be required pursuant to §§ 58-6A-17.1 and 58-6A-18 .

Source: SL 1988, ch 392, § 7.
S.D. Codified Laws § 58-29B-105 — SD Code / Title 58 / Chapter 29B / Section 58-29B-105
Certain late filing claims of guaranty association--Right to share in distributions
Status: in_force

The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law.

Source: SL 1989, ch 436, § 105.
S.D. Codified Laws § 58-44-1 — SD Code / Title 58 / Chapter 44 / Section 58-44-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Accredited state," any state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established by the National Association of Insurance Commissioners (NAIC);

(2) "Control" or "controlled," as defined in chapter 58-5A ;

(3) "Controlled insurer," any licensed insurer which is controlled, directly or indirectly, by a broker;

(4) "Controlling broker," any person who, directly or indirectly, controls an insurer and for any compensation, commission, or other thing of value, acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the controlling broker;

(5) "Licensed insurer" or "insurer," any person duly licensed to transact a property and casualty insurance business in this state. The term does not include any residual market pool or any joint underwriting authority or association.

Source: SL 1992, ch 358, § 1; SL 2016, ch 232, § 16.
S.D. Codified Laws § 58-8-8 — SD Code / Title 58 / Chapter 8 / Section 58-8-8
Manner of service of process--Duties of director
Status: in_force

Such service of process shall be made by delivering to and leaving with the director or some person in apparent charge of his office two copies thereof and the payment to him of a fee as set forth in subdivision 58-2-29(12)(c) which shall be taxed in the costs of the proceeding. The director shall forthwith mail by registered or certified mail one of the copies of such process to the defendant at its last known principal place of business, and shall keep a record of all process so served upon him.

Source: SL 1966, ch 111, ch 12, § 5; SL 1975, ch 305, § 3; SL 1982, ch 28, § 18.
S.D. Codified Laws § 58-41-3 — SD Code / Title 58 / Chapter 41 / Section 58-41-3
Certificate of authority required for health maintenance organization or contracts--Violation as misdemeanor
Status: in_force

No person shall establish or operate a health maintenance organization in this state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with a health maintenance organization or health maintenance contract unless such organization has a certificate of authority under this chapter. Violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 321, §§ 3, 50; SDCL Supp, § 58-41-77 ; SL 1978, ch 359, § 2.
S.D. Codified Laws § 58-5-23 — SD Code / Title 58 / Chapter 5 / Section 58-5-23
Determination by director as to weight to be given to insurance plans
Status: in_force

The director shall by regulation determine what weight, if any, shall be given group plans, blanket plans, family plans, term insurance, owner's interest in real property, maximum and minimum bodily injury and property damage limits, and reinsurance in the light of national and state industry experience and protection of the public welfare in interpreting the schedule in § 58-5-21 .

Source: SL 1966, ch 111, ch 16, § 9.
S.D. Codified Laws § 58-12-37 — SD Code / Title 58 / Chapter 12 / Section 58-12-37
Promulgation of rules regarding definitions and records
Status: in_force

The director may promulgate rules, pursuant to chapter 1-26 , to carry out the purposes of §§ 58-12-31 to 58-12-37 , inclusive. In promulgating rules, the director shall consider the impact of the rule on the cost and availability of insurance in this state and the degree of protection that the rule will have for the insurance buying public in this state. The rules are limited to the following areas:

(1) Definition of terms; and

(2) Record keeping.

Source: SL 2014, ch 235, § 7.
S.D. Codified Laws § 58-5-72 — SD Code / Title 58 / Chapter 5 / Section 58-5-72
Suit to recover insider profits accruing to company
Status: in_force

Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the company, or by the owner of any security of the company in the name and in behalf of the company if the company shall fail or refuse to bring such suit within sixty days after request or shall fail diligently to prosecute the same thereafter; but no such suit shall be brought more than two years after the date such profit was realized.

Source: SL 1966, ch 111, ch 16, § 27 (2).
S.D. Codified Laws § 58-14-8 — SD Code / Title 58 / Chapter 14 / Section 58-14-8
Credit allowed for reinsurance if assuming insurer licensed in state
Status: in_force

Credit shall be allowed if the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state.

Source: SL 1992, ch 344, § 2.
S.D. Codified Laws § 58-17H-36 — SD Code / Title 58 / Chapter 17H / Section 58-17H-36
Filing changes in registration information
Status: in_force

Any utilization review organization which has previously registered in this state shall, on or before July first of each year, file with the Division of Insurance any changes to the initial or subsequent annual registration for the utilization review organization.

Source: SL 2011, ch 219, § 61.
S.D. Codified Laws § 58-8-13 — SD Code / Title 58 / Chapter 8 / Section 58-8-13
Conditions precedent to filing of pleadings by unauthorized foreign or alien insurer--Deposit or bond--Procurement of certificate of authority
Status: in_force

Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall in addition to any other requirement that may be imposed by law either:

(1) Deposit with the clerk of the court in which such action, suit, or proceeding is pending cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; provided, however, that the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action, suit or proceedings; or

(2) Procure a certificate of authority to transact the business of insurance in this state.

Source: SL 1966, ch 111, ch 12, § 9 (1).
S.D. Codified Laws § 58-27-16 — SD Code / Title 58 / Chapter 27 / Section 58-27-16
Obligations of international bank and certain development banks for reconstruction and development
Status: in_force

An insurer may invest in obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, by the African Development Bank, or other development banks as approved by and reflected in the securities valuation manual of the National Association of Insurance Commissioners.

Source: SL 1966, ch 111, ch 6, § 11; SL 1989, ch 435.
S.D. Codified Laws § 58-38-34 — SD Code / Title 58 / Chapter 38 / Section 58-38-34
Purchasing organizations exempt from antitrust provisions
Status: in_force

Any organization formed pursuant to §§ 58-38-25 to 58-38-35 , inclusive, is exempt from the antitrust provisions under chapter 37-1 .

Source: SL 1994, ch 382, § 10.
S.D. Codified Laws § 58-27-13 — SD Code / Title 58 / Chapter 27 / Section 58-27-13
Obligations or stock of federal agencies
Status: in_force

An insurer may invest in the obligations, or stock thereof where stated, of the following agencies of the government of the United States of America, whether or not such obligations are guaranteed by such government:

(1) Commodity credit corporation;

(2) Federal intermediate credit banks;

(3) Federal land banks;

(4) Banks for cooperatives;

(5) Federal home loan banks, and stock thereof;

(6) Federal national mortgage association, and stock thereof when acquired in connection with sale of mortgage loans to such association; and

(7) Any other similar agency of the government of the United States of America and of similar financial quality.

Source: SL 1966, ch 111, ch 6, § 10; SL 1979, ch 37, § 7.
S.D. Codified Laws § 58-17-30.1 — SD Code / Title 58 / Chapter 17 / Section 58-17-30.1
Continuation of coverage for child with intellectual or physical disability--Proof of dependency
Status: in_force

An individual health insurance policy, which is delivered or issued for delivery in this state and which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the policy, shall also provide that attainment of such limiting age shall not operate to terminate the coverage of such child while the child is and continues to be both (a) incapable of self-sustaining employment by reason of intellectual disability or physical disability and (b) chiefly dependent upon the policyholder for support and maintenance, provided proof of such incapacity and dependency is furnished to the insurer by the policyholder within thirty-one days of the child's attainment of the limiting age and subsequently as may be required by the insurer but not more frequently than annually after the two-year period following the child's attainment of the limiting age.

Source: SL 1969, ch 140; SL 2013, ch 125, § 18.
S.D. Codified Laws § 58-40-23 — SD Code / Title 58 / Chapter 40 / Section 58-40-23
Membership of voluntary health insurance purchasing organizations
Status: in_force

Any organization may have a group health insurance policy issued to that organization on behalf of its members who would be insured under such policy. Members may join the organization, for the purpose of obtaining group health insurance, as individuals, employers, labor unions, associations, or substantially similar groups.

Source: SL 1994, ch 382, § 2.
S.D. Codified Laws § 58-43-16.13 — SD Code / Title 58 / Chapter 43 / Section 58-43-16.13
Management's Report of Internal Control over Financial Reporting required of certain insurers
Status: in_force

Each insurer required to file an audited financial report pursuant to this chapter that has annual direct written and assumed premiums, excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, of five hundred million dollars or more shall prepare a report of the insurer's or group of insurers' internal control over financial reporting. The report shall be filed with the director along with the communication of internal control related matters noted in an audit described in § 58-43-16 . The Management's Report of Internal Control over Financial Reporting shall be as of December thirty-first for the immediately preceding year.

Source: SL 2009, ch 271, § 28.
S.D. Codified Laws § 58-26-59 — SD Code / Title 58 / Chapter 26 / Section 58-26-59
Mortality tables used for individual annuity and pure endowment contracts
Status: in_force

The tables that shall be used for individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in the policies are: the 1937 Standard Annuity Mortality Table, or at the option of the company, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the director.

Source: SL 1995, ch 284, § 15.
S.D. Codified Laws § 58-47-10 — SD Code / Title 58 / Chapter 47 / Section 58-47-10
Termination of insurance upon twenty days notice
Status: in_force

An insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon twenty days notice for nonpayment of premium, discovery of fraud, or material misrepresentation in obtaining coverage or in the presentation of a claim under the policy.

Source: SL 2012, ch 251, § 10.
S.D. Codified Laws § 58-33A-19.3 — SD Code / Title 58 / Chapter 33A / Section 58-33A-19.3
Issuance by insurer to be reasonable and address consumer needs
Status: in_force

Except as permitted under §§ 58-33A-18 and 58-33A-19 , an insurer may not issue an annuity recommended to a consumer unless there is a reasonable basis to believe the annuity would effectively address the particular consumer’s financial situation, insurance needs, and financial objectives based on the consumer’s profile information.

Source: SL 2022, ch 186, § 19, eff. Jan. 1, 2023.
S.D. Codified Laws § 58-27-99 — SD Code / Title 58 / Chapter 27 / Section 58-27-99
Application of §§58-27-89to58-27-102
Status: in_force

Sections 58-27-89 to 58-27-102 , inclusive, applies to all persons doing insurance business notwithstanding any provision exempting them from other insurance laws except insurers licensed pursuant to chapter 58-35 .

Source: SL 1992, ch 350, § 11.
S.D. Codified Laws § 58-29D-5 — SD Code / Title 58 / Chapter 29D / Section 58-29D-5
Provisions of written agreement
Status: in_force

The written agreement shall include a statement of duties which the administrator is expected to perform on behalf of the insurer and the lines, classes, or types of insurance for which the administrator is to be authorized to administer. The agreement shall make provision with respect to underwriting or other standards pertaining to the business underwritten by such insurer.

Source: SL 1992, ch 352, § 5.
S.D. Codified Laws § 58-6-22 — SD Code / Title 58 / Chapter 6 / Section 58-6-22
Title insurer--Transaction of other insurance prohibited
Status: in_force

A title insurer shall not transact any other kind of insurance.

Source: SL 1966, ch 111, ch 3, § 9 (3).
S.D. Codified Laws § 58-4A-5 — SD Code / Title 58 / Chapter 4A / Section 58-4A-5
Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution
Status: in_force

The insurance fraud prevention unit may prosecute fraudulent insurance acts through criminal or civil proceedings. The attorney general may appoint the insurance fraud prevention unit attorney as an assistant attorney general for purposes of prosecuting cases of fraudulent insurance acts. The unit attorney may have all the powers attributed to the insurance fraud prevention unit in § 58-4A-3 . The unit attorney may refer or request assistance from other persons delineated in subdivision 58-4A-1(3) for the prosecution of fraudulent acts, including access to records. All costs associated with the prosecution of fraudulent insurance acts, including those incurred by designees assisting or acting on behalf of the insurance fraud prevention unit, may be paid by the insurance fraud prevention unit fund.

Source: SL 1999, ch 241, § 5; SL 2013, ch 245, § 2.
S.D. Codified Laws § 58-6A-19.4 — SD Code / Title 58 / Chapter 6A / Section 58-6A-19.4
Insurance producer or broker license required for purchasing liability insurance from risk retention group
Status: in_force

No person, firm, association, or corporation may act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state from a risk retention group unless the person, firm, association, or corporation is licensed as an insurance producer in accordance with Title 58.

Source: SL 1988, ch 392, § 12; SL 2001, ch 286, § 93.
S.D. Codified Laws § 58-30-215 — SD Code / Title 58 / Chapter 30 / Section 58-30-215
Individual and group travel insurance policies authorized--Services excluded
Status: in_force

Travel insurance may be provided under an individual policy or under a group, blanket, or master policy. Travel assistance services and cancellation fee waivers are not insurance and not related to insurance.

Source: SL 2014, ch 241, § 11; SL 2022, ch 185, § 6.
S.D. Codified Laws § 58-34-27 — SD Code / Title 58 / Chapter 34 / Section 58-34-27
Representatives of subscribers not liable on contract
Status: in_force

Any officer, representative, trustee, receiver, or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of such contract but shall not be personally liable upon the contract by reason of acting in such representative capacity.

Source: SL 1966, ch 111, ch 19, § 19 (3).
S.D. Codified Laws § 58-35-10 — SD Code / Title 58 / Chapter 35 / Section 58-35-10
Articles of incorporation--Approval and endorsement by attorney general
Status: in_force

After the director approves the articles of incorporation, he shall submit the proposed articles of incorporation to the attorney general for examination. If the attorney general finds that the articles comply with the provisions of this chapter, and the Constitution and laws of the United States and of this state, he shall endorse his approval thereon and return the proposed articles to the director. The director shall submit the original and two copies to the secretary of state for approval. If the secretary of state finds that the articles of incorporation comply with the corporate laws, he shall endorse his approval thereon, retain the original and return a copy to the incorporators and a copy to the division.

Source: SL 1966, ch 111, ch 17, § 9 (1); SL 1993, ch 369, § 3.
S.D. Codified Laws § 58-32-3 — SD Code / Title 58 / Chapter 32 / Section 58-32-3
Export defined
Status: in_force

To "export" means to place in an unauthorized insurer under this chapter insurance covering a subject of insurance resident, located, or to be performed in South Dakota.

Source: SL 1966, ch 111, ch 11, § 3 (2).
S.D. Codified Laws § 58-5-103 — SD Code / Title 58 / Chapter 5 / Section 58-5-103
Suspension or revocation of certificate of authority for violation by domestic insurer
Status: in_force

The director of the Division of Insurance shall, after a hearing, suspend or revoke the certificate of authority of a domestic insurer found by him to have violated § 58-5-100 .

Source: SL 1966, ch 111, ch 16, § 28 (5).
S.D. Codified Laws § 58-20-29 — SD Code / Title 58 / Chapter 20 / Section 58-20-29
Granting self-insurance application--Revocation
Status: in_force

The department shall grant or deny the association's application to self - insure within sixty days after a complete application has been filed. However, the time may be extended for an additional thirty days upon fifteen days' prior notice to the applicant. The department shall grant a certificate upon a determination that the association has complied with the requirements of §§ 58-20-25 to 58-20-40 , inclusive, or the department shall issue an order denying a certificate setting forth the reasons for such refusal. Approval of the certificate shall remain effective until voluntarily terminated by the request of the association pursuant to § 58-20-33 or revoked by order of the department. A certificate may be revoked by the department if the association has failed to comply with §§ 58-20-25 to 58-20-40 , inclusive, rules promulgated hereunder, or for a violation of § 58-20-38 . If issued by the department, a certificate authorizes the association to provide workers' compensation benefits and establishes compliance by the association's members with § 62-5-1 .

Source: SL 1995, ch 282, § 5.
S.D. Codified Laws § 58-26-64 — SD Code / Title 58 / Chapter 26 / Section 58-26-64
Minimum standard of valuation for individual annuity and pure endowment contracts and group annuity and pure endowment contracts on or after July 1, 1995
Status: in_force

Except as provided in §§ 58-26-71 to 58-26-74 , inclusive, the minimum standard of valuation for individual annuity and pure endowment contracts issued on or after July 1, 1995, and for annuities and pure endowments purchased on or after July 1, 1995, under group annuity and pure endowment contracts, are the commissioners' reserve valuation methods defined in §§ 58-26-75 and 58-26-76 and the tables and interest rates set forth in §§ 58-26-65 to 58-26-69 , inclusive.

Source: SL 1995, ch 284, § 20; SL 2015, ch 254, § 11.
S.D. Codified Laws § 58-46-21 — SD Code / Title 58 / Chapter 46 / Section 58-46-21
Ceding or taking credit for reserves
Status: in_force

Any captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers complying with provisions of chapter 58-14 or 58-46 . Prior approval of the director shall be required for ceding or taking credit for reserves on risks or portions of risks ceded to reinsurers not complying with chapter 58-14 or 58-46 .

Source: SL 1996, ch 287, § 21; SL 2013, ch 257, § 18.
S.D. Codified Laws § 58-17B-10 — SD Code / Title 58 / Chapter 17B / Section 58-17B-10
Delivery of outline of coverage--Contents
Status: in_force

An outline of coverage shall be delivered to an applicant for an individual long - term care insurance policy at the time of application for an individual policy. In the case of direct response solicitations, the insurer shall deliver the outline of coverage upon the applicant's request, but regardless of request shall make delivery no later than at the time of policy delivery. Such outline of coverage shall include:

(1) A description of the principal benefits and coverage provided in the policy;

(2) A statement of the principal exclusions, reductions and limitations contained in the policy;

(3) A statement of the renewal provisions, including any reservation in the policy of a right to change premiums; and

(4) A statement that the outline of coverage is a summary of the policy issued or applied for, and that the policy should be consulted to determine governing contractual provisions.

Source: SL 1989, ch 440, § 11.
S.D. Codified Laws § 58-33-118 — SD Code / Title 58 / Chapter 33 / Section 58-33-118
Solicitation or sale of life insurance or annuity to active duty service member
Status: in_force

Sections 58-33-117 to 58-33-130 , inclusive, apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the armed forces of the United States.

Nothing in §§ 58-33-117 to 58-33-130 , inclusive, creates a private cause of action for a violation of §§ 58-33-117 to 58-33-130 , inclusive.

Source: SL 2008, ch 272, § 2.
S.D. Codified Laws § 58-47-1 — SD Code / Title 58 / Chapter 47 / Section 58-47-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Customer," any person who purchases portable electronics;

(2) "Enrolled customer," any customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics;

(3) "Location," any physical location in the state or any website, call center site, or similar location directed to residents of this state;

(4) "Portable electronics," electronic devices and their accessories that are easily carried by a person;

(5) "Portable electronics transaction," the sale or lease of portable electronics by a vendor to a customer, or the sale of a service related to the use of portable electronics by a vendor to a customer;

(6) "Supervising entity," any licensed insurer, licensed business entity, or licensed insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program;

(7) "Vendor," any person in the business of engaging in portable electronics transactions directly or indirectly.

Source: SL 2012, ch 251, § 1; SL 2017, ch 215, § 1.
S.D. Codified Laws § 58-30-156 — SD Code / Title 58 / Chapter 30 / Section 58-30-156
Information contained on insurance producer license
Status: in_force

The license shall contain the licensee's name, address, personal identification number, the date of issuance, the lines of authority, the expiration date, and any other information the director determines to be necessary.

Source: SL 2001, ch 286, § 16.
S.D. Codified Laws § 58-47-5 — SD Code / Title 58 / Chapter 47 / Section 58-47-5
Periodic basis as group or master commercial inland marine policy
Status: in_force

Portable electronics insurance may be offered on a month to month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Eligibility and underwriting standards for customers electing to enroll in coverage shall be established by the insurer for each portable electronics insurance program.

Source: SL 2012, ch 251, § 5.
S.D. Codified Laws § 58-29B-20 — SD Code / Title 58 / Chapter 29B / Section 58-29B-20
Requests for review of supervisor's actions
Status: in_force

During the period of supervision the insurer may request the director to review an action taken or proposed to be taken by the supervisor, specifying wherein the action complained of is believed not to be in the best interest of the insurer.

Source: SL 1989, ch 436, § 20.
S.D. Codified Laws § 58-18C-11 — SD Code / Title 58 / Chapter 18C / Section 58-18C-11
Enforceability of chapter under Employee Retirement Income Security Act
Status: in_force

Nothing in this chapter is enforceable to the extent such enforcement violates the Employee Retirement Income Security Act.

Source: SL 1998, ch 294, § 11.
S.D. Codified Laws § 58-29B-18 — SD Code / Title 58 / Chapter 29B / Section 58-29B-18
Request for hearing--Request not to stay order
Status: in_force

Any insurer subject to an order under § 58-29B-14 may request a hearing to review that order. Such a hearing shall be held as provided in § 58-29B-17 , but the request for a hearing may not stay the effect of the order.

Source: SL 1989, ch 436, § 18.
S.D. Codified Laws § 58-11-37 — SD Code / Title 58 / Chapter 11 / Section 58-11-37
Policy not complying with statutory form--Validity--Construction
Status: in_force

A policy delivered or issued after June 30, 1966, for delivery to any person in this state in violation of this title, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in this title.

Source: SL 1966, ch 111, ch 22, § 22 (1).
S.D. Codified Laws § 58-48-4 — SD Code / Title 58 / Chapter 48 / Section 58-48-4
Limited scope of waiver
Status: in_force

The director may not grant a waiver with respect to:

(1) Any law, regulation, bulletin, or other provision not subject to the director's jurisdiction;

(2) Any requirement as to the minimum amount of paid-in capital or surplus required to be possessed or maintained by any participant as determined by the director;

(3) Chapter 58-12 concerning unfair claims practices;

(4) Chapters 58-15 , 58-16 , 58-28 , and 58-33A concerning life insurance;

(5) Chapters 58-17 , 58-18 , and 58-18 B concerning health insurance;

(6) Chapter 58-17B concerning long-term care insurance;

(7) Chapter 58-20 concerning workers' compensation insurance;

(8) Chapter 58-25 concerning title insurance;

(9) Chapter 58-30 concerning sales through licensed insurance producers;

(10) Sections 58-33-1 to 58-33-47 , inclusive, and §§ 58-33-66 to 58-33-69 , inclusive, concerning certain unfair trade practices;

(11) Any laws, regulations, or bulletins directly relating to subdivisions (3) to (10), inclusive, of this section; and

(12) The application of any taxes or fees except as provided in subdivision 58-48-5(13).

Source: SL 2021, ch 214, § 4.
S.D. Codified Laws § 58-27-44 — SD Code / Title 58 / Chapter 27 / Section 58-27-44
Appraisal to determine market value of property
Status: in_force

The fair value of property shall be determined by appraisal by a competent appraiser at the time of the making or acquisition of a mortgage loan or investing in a contract for the deed thereon; except, that as to bonds or notes secured by mortgage or trust deed guaranteed or insured by the federal housing administration, or guaranteed or insured as to principal in full or in part by the administrator of veterans' affairs, or guaranteed or insured by the farmers home administration, the valuation made by such administration or administrator shall be deemed to have been made by a competent appraiser for the purposes of this section.

Source: SL 1966, ch 111, ch 6, § 26 (1).
S.D. Codified Laws § 58-33-89 — SD Code / Title 58 / Chapter 33 / Section 58-33-89
Reporting regulatory activities and complaint handling
Status: in_force

The Division of Insurance shall regularly report to the National Association of Insurance Commissioners regarding its regulatory activities and its complaint handling. The reports shall include information on all disciplinary actions taken and all consumer complaints received. In the reports the division shall, to the extent reasonably possible, use accepted National Association of Insurance Commissioners databases. The report may not be considered a public record open to inspection pursuant to § 1-27-1 .

Source: SL 1995, ch 292, § 1.
S.D. Codified Laws § 58-24-45.1 — SD Code / Title 58 / Chapter 24 / Section 58-24-45.1
Group insurance marketing permitted--Conditions
Status: in_force

An insurer may market insurance through a group insurance or mass marketing plan, franchise, or blanket policy for any line of insurance regulated under this chapter if:

(1) The insured group was not formed solely for the purpose of purchasing insurance; and

(2) The premium is paid or collected by:

(a) An employer, labor union, or the trustee of a fund established by the employer or labor union;

(b) The trustee of a fund established by two or more employers in the same industry, or related industries;

(c) Two or more labor unions or an association which have been in existence for one or more years and which have a constitution and bylaws; or

(d) A wireless telecommunications provider from its customers and the premium is for insurance covering wireless telecommunications equipment.

Source: SL 1979, ch 341, § 12; SL 2008, ch 270, § 1; SL 2014, ch 239, § 12.
S.D. Codified Laws § 58-8-3 — SD Code / Title 58 / Chapter 8 / Section 58-8-3
Advertising relating to unauthorized insurers as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to publish or print in this state in any newspaper, magazine, periodical, circular, letter, pamphlet, or in any other manner, or to publish by radio or television broadcasting in this state, any advertisement or other notice, either directly or indirectly, setting forth the advantages of or soliciting business for any insurer, insurance producer, or other person who has not been authorized to transact insurance business in this state.

Source: SL 1966, ch 111, ch 12, § 1 (2); SL 1978, ch 359, § 2; SL 2001, ch 286, § 99.
S.D. Codified Laws § 58-17H-28 — SD Code / Title 58 / Chapter 17H / Section 58-17H-28
Prospective review determinations--Timing--Notification of requirements--Extension of time
Status: in_force

For any prospective review determination, other than allowed by this section, a health carrier shall make the determination and notify the covered person or, if applicable, the covered person's authorized representative of the determination, whether the carrier certifies the provision of the benefit or not, within a reasonable period of time appropriate to the covered person's medical condition, but in no event later than fifteen days after the date the health carrier receives the request. If the determination is an adverse determination, the health carrier shall make the notification of the adverse determination in accordance with § 58-17H-32 .

The time period for making a determination and notifying the covered person or, if applicable, the covered person's authorized representative, of the determination pursuant to this section may be extended once by the health carrier for up to fifteen days, if the health carrier:

(1) Determines that an extension is necessary due to matters beyond the health carrier's control; and

(2) Notifies the covered person or, if applicable, the covered person's authorized representative, prior to the expiration of the initial fifteen-day time period, of the circumstances requiring the extension of time and the date by which the health carrier expects to make a determination.

If the extension is necessary due to the failure of the covered person or the covered person's authorized representative to submit information necessary to reach a determination on the request, the notice of extension shall specifically describe the required information necessary to complete the request and give the covered person or, if applicable, the covered person's authorized representative at least forty-five days from the date of receipt of the notice to provide the specified information.

If the health carrier receives a prospective review request from a covered person or the covered person's authorized representative that fails to meet the health carrier's filing procedures, the health carrier shall notify the covered person or, if applicable, the covered person's authorized representative of this failure and provide in the notice information on the proper procedures to be followed for filing a request. This notice shall be provided as soon as possible, but in no event later than five days following the date of the failure. The health carrier may provide the notice orally or, if requested by the covered person or the covered person's authorized representative, in writing. The provisions only apply in a case of failure that is a communication by a covered person or the covered person's authorized representative that is received by a person or organizational unit of the health carrier responsible for handling benefit matters and is a communication that refers to a specific covered person, a specific medical condition or symptom, and a specific health care service, treatment, or provider for which certification is being requested.

Source: SL 2011, ch 219, § 53.
S.D. Codified Laws § 58-4A-4 — SD Code / Title 58 / Chapter 4A / Section 58-4A-4
Insurance fraud prevention unit--Purpose--Composition
Status: in_force

In order to investigate and prosecute activities involving fraudulent insurance acts, the attorney general shall employ a sufficient staff to be known as the insurance fraud prevention unit which shall include a minimum of one clerical employee, one investigator, and one attorney.

Source: SL 1999, ch 241, § 4; SL 2013, ch 245, § 1.
S.D. Codified Laws § 58-33-135 — SD Code / Title 58 / Chapter 33 / Section 58-33-135
Unfair or deceptive practices by pharmacy benefits manager
Status: in_force

The following acts or practices by a pharmacy benefits manager are declared to be misleading, deceptive, or unfair:

(1) Prohibiting a pharmacist or pharmacy from providing cost-sharing information regarding the amount that a covered individual may pay for a particular prescription drug from a pharmacist or pharmacy;

(2) Penalizing a pharmacist or pharmacy for providing cost-sharing information on the amount that a covered individual may pay for a particular prescription drug from a pharmacist or pharmacy; and

(3) Committing a discriminatory act, as prohibited in § 58-29E-15 .

Source: SL 2018, ch 281, § 2; SL 2024, ch 203, § 6, eff. Jan. 1, 2025.
S.D. Codified Laws § 58-48-11 — SD Code / Title 58 / Chapter 48 / Section 58-48-11
Public notice of granted waiver
Status: in_force

If an insurance innovation waiver is granted, the director shall provide public notice of the existence of the waiver by publishing a description of the following information on the division's website:

(1) The name of the person who applied for and received the waiver;

(2) The approval date and termination date of the waiver;

(3) General terms, conditions, or limitations of the waiver; and

(4) Any additional information considered appropriate by the director.

Source: SL 2021, ch 214, § 11.
S.D. Codified Laws § 58-18-2 — SD Code / Title 58 / Chapter 18 / Section 58-18-2
Employee group insurance authorized--Employees defined
Status: in_force

Group health insurance may be under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring employees of such employer for the benefit of persons other than the employer. The term "employees" as used herein shall be deemed to include the officers, managers, and employees of the employer, the individual proprietor or partner if the employer is an individual proprietor or partnership, the officers, managers, and employees of subsidiary or affiliated corporations, the individual proprietor or partners and employees of individuals and firms, if the business of the employer and such individual or firm is under common control through stock ownership, contract, or otherwise. The term "employees" as used herein may include retired employees. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation, by performing services other than the usual duties of a director. A policy issued to insure employees of a public body may provide that the term "employees" shall include elected or appointed officials. The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally with such trusteeship.

Source: SL 1966, ch 111, ch 26, § 1 (1).
S.D. Codified Laws § 58-46-3 — SD Code / Title 58 / Chapter 46 / Section 58-46-3
Requirements for doing business
Status: in_force

No captive insurance company may do any insurance business in this state unless:

(1) It first obtains from the director a certificate of authority authorizing it to do insurance business in this state;

(2) Its governing board holds at least one meeting each year in this state in which a quorum is physically present;

(3) It maintains its principal place of business in this state and keeps at this place complete records of its assets, transactions, and affairs, in accordance with the methods and systems which are customary or suitable as to the kinds of insurance transacted. In lieu thereof or if required by the director, in the director's discretion, the captive insurance company shall appoint a captive manager approved by the director. The captive manager shall maintain the complete records required in this section. The captive manager shall make available all information to the director upon request; and

(4) It, and if applicable its captive manager, appoints a resident agent to accept service of process and to otherwise act on its behalf in this state. If the registered agent cannot, with reasonable diligence, be found at the registered office of the captive insurance company or captive manager, the director shall be an agent of the captive insurance company upon whom any process, notice, or demand may be served.

Source: SL 1996, ch 287, § 3; SL 2009, ch 272, § 3; SL 2013, ch 257, § 2.
S.D. Codified Laws § 58-29D-19 — SD Code / Title 58 / Chapter 29D / Section 58-29D-19
Notice of use of administrator to policyholder--Itemized charges--Disclosure of fees or commissions
Status: in_force

When the services of an administrator are utilized, the administrator shall provide a written notice approved by the insurer to covered individuals advising them of the identity of, and relationship among, the administrator, the policyholder, and the insurer.

When an administrator collects funds, the reason for collection of each item must be identified to the insured party and each item must be shown separately from any premium. Additional charges may not be made for services to the extent the services have been paid for by the insurer.

The administrator shall disclose to the insurer all charges, fees, and commissions received from all services in connection with the provision of administrative services for such insurer, including any fees or commissions paid by insurers providing reinsurance.

Source: SL 1992, ch 352, § 19.
S.D. Codified Laws § 58-43-10 — SD Code / Title 58 / Chapter 43 / Section 58-43-10
Rotation of accountant--Application for relief from rotation requirement
Status: in_force

The lead or coordinating audit partner, having primary responsibility for the audit pursuant to this chapter, may not act in that capacity for more than five consecutive years. The person shall be disqualified from acting in that or a similar capacity for the same company or its insurance subsidiaries or affiliates for a period of five consecutive years. An insurer may make application to the director for relief from the above rotation requirements for good cause. This application shall be made at least thirty days before the end of the calendar year. The director may consider the following factors in determining if the relief should be granted:

(1) Number of partners, expertise of the partners or the number of insurance clients in the currently registered firm;

(2) Premium volume of the insurer; or

(3) Number of jurisdictions in which the insurer transacts business.

The insurer shall file, with the insurer's annual statement filing, the approval for relief with the states that the insurer is licensed in, with the states that the insurer is 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 1992, ch 357, § 10; SL 2009, ch 271, § 7.
S.D. Codified Laws § 58-6A-15 — SD Code / Title 58 / Chapter 6A / Section 58-6A-15
Prohibited insurance coverage
Status: in_force

A risk retention group may not offer insurance coverage prohibited under the insurance laws of this state or declared unlawful by the Supreme Court of this state.

Source: SL 1987, ch 372, § 15.
S.D. Codified Laws § 58-25-2 — SD Code / Title 58 / Chapter 25 / Section 58-25-2
Making of rates--Provisions governing
Status: in_force

All rates shall be made in accordance with the provisions of §§ 58-25-3 to 58-25-6 , inclusive.

Source: SL 1966, ch 111, ch 14, § 2.
S.D. Codified Laws § 58-5-83 — SD Code / Title 58 / Chapter 5 / Section 58-5-83
Succession to office during national emergency
Status: in_force

At any time the board of directors of a domestic insurer may, by resolution, provide that in the event of such a national emergency and in the event of the death or incapacity of the president, the secretary or the treasurer of the insurer, such officers, or any of them, shall be succeeded in the office by the person named or described in a succession list adopted by the board of directors. Such list may be on the basis of named persons or position titles, shall establish the order of priority, and may prescribe the conditions under which the powers of the office shall be exercised.

Source: SL 1966, ch 111, ch 16, § 43 (5).
S.D. Codified Laws § 58-3-18 — SD Code / Title 58 / Chapter 3 / Section 58-3-18
Confidential investigative hearing--Inconsistencies in examination report
Status: in_force

Subject to § 58-3-11 , any investigative hearing conducted under subdivision 58-3-12(3) shall be a confidential, investigatory proceeding for the resolution of any inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the director's review of relevant work papers or by the written submission or rebuttal of the company.

Source: SL 1992, ch 338, § 11.
S.D. Codified Laws § 58-15-15.14 — SD Code / Title 58 / Chapter 15 / Section 58-15-15.14
Premium defined
Status: in_force

Premium is the consideration for insurance by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or other charge in consideration for an insurance contract is deemed part of the premium. For a private placement policy, with the consent of the insurer, premium may be in the form of assets to be held by the insurer in a separate account, as long as the fair value of the assets are independently verified at the time of receipt by the insurer.

Source: SL 2014, ch 229, § 3.
S.D. Codified Laws § 58-32-19 — SD Code / Title 58 / Chapter 32 / Section 58-32-19
Procurement of exported insurance through licensed surplus line broker
Status: in_force

Insurance under § 58-32-16 must be procured through a licensed surplus line broker, subject to the provisions of §§ 58-32-47 to 58-32-55 , inclusive.

Source: SL 1966, ch 111, ch 11, § 4 (1).
S.D. Codified Laws § 58-18-7.3 — SD Code / Title 58 / Chapter 18 / Section 58-18-7.3
Policies not within alcoholism coverage requirement
Status: in_force

Sections 58-18-7.1 and 58-18-7.2 do not apply to accident only, or limited or specified disease policies.

Source: SL 1975, ch 314, § 3; SL 1999, ch 249, § 2.
S.D. Codified Laws § 58-30-183 — SD Code / Title 58 / Chapter 30 / Section 58-30-183
Submission of written comments by insurance producer regarding termination
Status: in_force

Within thirty days after the insurance producer has received the original or additional notification, the insurance producer may file written comments concerning the substance of the notification with the director. The insurance producer shall simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the director's file and accompany every copy of a report distributed or disclosed for any reason about the insurance producer as permitted under § 58-30-187 .

Source: SL 2001, ch 286, § 43.
S.D. Codified Laws § 58-15-59 — SD Code / Title 58 / Chapter 15 / Section 58-15-59
Annuities and endowments--Entire agreement contained in contract and application
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 shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the contract when issued, a provision that the contract and the application therefor shall constitute the entire contract between the parties.

Source: SL 1966, ch 111, ch 23, § 21.
S.D. Codified Laws § 58-33-123 — SD Code / Title 58 / Chapter 33 / Section 58-33-123
Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair
Status: in_force

The following acts or practices, if committed on a military installation by an insurer or insurance producer, constitute corrupt practices or improper influences or inducements and are declared to be false, misleading, deceptive, or unfair:

(1) Using Department of Defense personnel, directly or indirectly, as a representative or agent in any official or business capacity with or without compensation with respect to the solicitation or sale of life insurance to service members; or

(2) Using an insurance producer to participate in any education or orientation program sponsored by the armed forces of the United States.

Source: SL 2008, ch 272, § 7.
S.D. Codified Laws § 58-15-55 — SD Code / Title 58 / Chapter 15 / Section 58-15-55
Prohibited policy provisions in industrial life insurance--Right to declare policy void because of disease or ailment of insured
Status: in_force

No policy of industrial life insurance shall contain any provision giving the insurer the right to declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has received institutional, hospital, medical, or surgical treatment, except a provision which gives the insurer the right to declare the policy void if the insured has, within two years prior to the issuance of the policy, received institutional, hospital, medical, or surgical treatment or attention and if the insured or claimant under the policy fails to show that the condition occasioning such treatment or attention was not of a serious nature or was not material to the risk.

Source: SL 1966, ch 111, ch 23, § 27 (2).
S.D. Codified Laws § 58-29D-11 — SD Code / Title 58 / Chapter 29D / Section 58-29D-11
Transfer of records to new administrator
Status: in_force

In the event the insurer and the administrator cancel their agreement, notwithstanding the provisions of § 58-29D-8 , the administrator may, by written agreement with the insurer, transfer all records to a new administrator rather than retain them for five years. In such cases, the new administrator shall acknowledge, in writing, that it is responsible for retaining the records for the prior administrator as required in § 58-29D-8 .

Source: SL 1992, ch 352, § 11.
S.D. Codified Laws § 58-38-14 — SD Code / Title 58 / Chapter 38 / Section 58-38-14
Expenses of acquisition and administration--Control by director
Status: in_force

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

Source: SL 1966, ch 111, ch 21, § 9.
S.D. Codified Laws § 58-17-76 — SD Code / Title 58 / Chapter 17 / Section 58-17-76
Transfer into or out of class of business
Status: in_force

No carrier may transfer a person involuntarily into or out of a class of business. No carrier may offer to transfer a person into or out of a class of business unless such an offer is made to transfer all persons in the class of business without regard to claim experience or duration of coverage since issue.

Source: SL 1996, ch 286, § 11.
S.D. Codified Laws § 58-15-11 — SD Code / Title 58 / Chapter 15 / Section 58-15-11
Exclusions and restrictions unaffected by incontestability clause
Status: in_force

A clause in any policy of life insurance providing that such policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy, and shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not such restrictions or exclusions are excepted in such clause.

Source: SL 1966, ch 111, ch 23, § 17.
S.D. Codified Laws § 58-18B-23 — SD Code / Title 58 / Chapter 18B / Section 58-18B-23
Uniform application of requirements used to determine eligibility of employers
Status: in_force

Except as provided in § 58-18B-26 , requirements used by a small employer carrier in determining whether to provide coverage to a small employer, including requirements for minimum participation of eligible employees and minimum employer contributions, shall be applied uniformly among all small employers with the same number of eligible employees applying for coverage or receiving coverage from the small employer carrier. An association of small employer plans may require, as a condition of obtaining or continuing coverage, membership in the association.

Source: SL 1995, ch 281, § 17.
S.D. Codified Laws § 58-41-85 — SD Code / Title 58 / Chapter 41 / Section 58-41-85
Money penalty in lieu of suspension or revocation
Status: in_force

The director may, in lieu of suspension or revocation of a certificate of authority under 58-41-81 or 58-41-82 , levy a money penalty pursuant to § 58-4-28.1 .

Source: SL 1974, ch 321, § 44; SL 2000, ch 235, § 4.
S.D. Codified Laws § 58-22-16 — SD Code / Title 58 / Chapter 22 / Section 58-22-16
Examination of bail bondsperson or runner
Status: in_force

The applicant shall appear in person and take a written examination prepared by the director, testing the applicant's ability and qualifications to be a bail bondsperson or runner.

Each examination shall be held at a time and place as designated by the director.

Source: SL 1966, ch 111, ch 31, § 11; SL 2016, ch 233, § 5.
S.D. Codified Laws § 58-26-51 — SD Code / Title 58 / Chapter 26 / Section 58-26-51
Opinion submitted by foreign or alien company
Status: in_force

In the case of an opinion required to be submitted pursuant to §§ 58-26-46 to 58-26-49 , inclusive, by a foreign or alien company, the director may accept the opinion filed by that company with the insurance supervisory official of another state if the director determines that the opinion reasonably meets the requirements applicable to a company domiciled in this state.

Source: SL 1995, ch 284, § 7.
S.D. Codified Laws § 58-30-68 — SD Code / Title 58 / Chapter 30 / Section 58-30-68
Limited lines insurance producer's license--Types of insurance
Status: in_force

The director may issue to an applicant qualified therefor under this title a limited lines insurance producer's license for the following types of insurance:

(1) Credit insurance as defined in § 58-30-142 ;

(2) Crop insurance as defined in § 58-30-142 ;

(3) Rental car insurance as defined in § 58-30-198 ; and

(4) Travel insurance as defined in §§ 58-30-209 to 58-30-217 , inclusive.

Source: SL 1966, ch 111, ch 9, § 18 (1); SL 1987, ch 381, § 2; SL 2001, ch 286, § 169; SL 2002, ch 240, § 3; SL 2010, ch 233, § 4; SL 2014, ch 241, § 2.
S.D. Codified Laws § 58-17-35 — SD Code / Title 58 / Chapter 17 / Section 58-17-35
Earnings adjustment clause to be coupled with insured's right to continue policy in force
Status: in_force

The policy provision in § 58-17-34 may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age fifty, or, in the case of a policy issued after age forty - four, for at least five years from its date of issue.

Source: SL 1966, ch 111, ch 25, § 19 (2).
S.D. Codified Laws § 58-16-26 — SD Code / Title 58 / Chapter 16 / Section 58-16-26
Payment of premium for group coverage of debtors
Status: in_force

The premium for a policy issued under § 58-16-23 shall be paid by the policyholder, either from the creditor's funds, or from charges collected from the insured debtors, or from both. A policy on which part or all of the premium is to be derived from the collection from the insured debtors of identifiable charges not required of uninsured debtors shall not include, in the class or classes of debtors eligible for insurance, debtors under obligations outstanding at its date of issue without evidence of individual insurability unless at least seventy - five percent of the then eligible debtors elect to pay the required charges. A policy on which no part of the premium is to be derived from the collection of such identifiable charges must insure all eligible debtors, 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 (2) (b).
S.D. Codified Laws § 58-38-13 — SD Code / Title 58 / Chapter 38 / Section 58-38-13
Practice of medicine not authorized by chapter
Status: in_force

Nothing in this chapter shall authorize any person, association, or corporation to engage, in any manner, in the practice of medicine or surgery.

Source: SL 1966, ch 111, ch 21, § 5.
S.D. Codified Laws § 58-1-39 — SD Code / Title 58 / Chapter 1 / Section 58-1-39
Products and documents to which §§58-1-27to58-1-39apply
Status: in_force

The provisions of §§ 58-1-27 to 58-1-39 , inclusive, apply to the insurance products and documents, including insurance policies, insurance riders, insurance endorsements, and annuity contracts filed with and regulated by the director pursuant to this title.

Source: SL 2014, ch 230, § 13.
S.D. Codified Laws § 58-30-173 — SD Code / Title 58 / Chapter 30 / Section 58-30-173
Renewal or deferred commissions approved if license held at time of transaction
Status: in_force

Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this state if the person was required to be licensed under §§ 58-30-141 to 58-30-195 , inclusive, at the time of the sale, solicitation, or negotiation and was so licensed at that time.

Source: SL 2001, ch 286, § 33.
S.D. Codified Laws § 58-4-45 — SD Code / Title 58 / Chapter 4 / Section 58-4-45
Confidentiality of certain documents
Status: in_force

Internal memoranda and telephone notes or logs of division personnel are confidential. Medical records are confidential.

Source: SL 1992, ch 340, § 2.
S.D. Codified Laws § 58-17-6 — SD Code / Title 58 / Chapter 17 / Section 58-17-6
Style and arrangement of policy provisions--Printing, size of type
Status: in_force

The style, arrangement, and overall appearance of a policy of health insurance shall give no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light - faced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred twenty point; the "text" shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions.

Source: SL 1966, ch 111, ch 25, § 2 (4).
S.D. Codified Laws § 58-28-24 — SD Code / Title 58 / Chapter 28 / Section 58-28-24
Statement included as to variability of benefits
Status: in_force

Any such contract under which the benefits vary to reflect investment experience, including a group contract and any certificate in evidence of variable benefits issued thereunder, shall state that such dollar amount will so vary and shall contain on its first page a statement to the effect that the benefits thereunder are on a variable basis.

Source: SL 1966, ch 111, ch 6, § 36 (4) as added by SL 1967, ch 131; SDCL, § 58-28-4; SL 1971, ch 266, § 2.
S.D. Codified Laws § 58-11-24 — SD Code / Title 58 / Chapter 11 / Section 58-11-24
Facsimile signature used on policy
Status: in_force

A facsimile signature of any such executing individual may be used in lieu of an original signature.

Source: SL 1966, ch 111, ch 22, § 20 (2).
S.D. Codified Laws § 58-17H-11 — SD Code / Title 58 / Chapter 17H / Section 58-17H-11
General cost-sharing requirements allowed
Status: in_force

Any cost-sharing requirement other than a copayment or coinsurance requirement, such as a deductible or out-of-pocket maximum, may be imposed with respect to emergency services provided out-of-network if the cost-sharing requirement generally applies to out-of-network benefits. A deductible may be imposed with respect to out-of-network emergency services only as part of a deductible that generally applies to out-of-network benefits. If an out-of-pocket maximum generally applies to out-of-network benefits, that out-of-network maximum applies to out-of-network emergency services.

Source: SL 2011, ch 219, § 36.
S.D. Codified Laws § 58-17F-18 — SD Code / Title 58 / Chapter 17F / Section 58-17F-18
Request for information from managed care contractor
Status: in_force

The director or the secretary may request information from any managed care contractor at any time pertaining to its activities in this state. The managed care contractor shall respond to all requests for information within twenty days.

Source: SL 2011, ch 219, § 18.
S.D. Codified Laws § 58-17F-6 — SD Code / Title 58 / Chapter 17F / Section 58-17F-6
Where provider network is insufficient, covered benefit to be made available at no greater cost
Status: in_force

In any case where the health carrier has an insufficient number or type of participating provider to provide a covered benefit, the health carrier shall ensure that the covered person obtains the covered benefit at no greater cost to the covered person than if the benefit were obtained from participating providers, or shall make other arrangements acceptable to the director.

Source: SL 2011, ch 219, § 6.
S.D. Codified Laws § 58-14-16.15 — SD Code / Title 58 / Chapter 14 / Section 58-14-16.15
Inactive certified reinsurers
Status: in_force

A certified reinsurer that ceases to assume new business in this state may request to maintain the certified reinsurer's certification in inactive status in order to continue to qualify for a reduction in security for the certified reinsurer's in-force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of certification, and the director shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business.

Source: SL 2017, ch 211, § 26.
S.D. Codified Laws § 58-25-8 — SD Code / Title 58 / Chapter 25 / Section 58-25-8
Contracts, policies, or guarantees required to be filed with director, exceptions
Status: in_force

Every insurer must file with the director, all forms of contracts, policies, or guarantees of insurance with any and all types of modifications thereof, except as to special or unusual risks, which it proposes to use.

Source: SL 1966, ch 111, ch 14, § 3 (2).
S.D. Codified Laws § 58-33-112 — SD Code / Title 58 / Chapter 33 / Section 58-33-112
Documented supervision procedures and controls
Status: in_force

An insurance producer, third party administrator, insurer, preferred provider organization, or an agent of the same shall establish and maintain documented supervision procedures and controls that are reasonably designed to achieve compliance with §§ 58-33-93 to 58-33-116 , inclusive. The supervisory procedures shall include:

(1) Training;

(2) Internal controls;

(3) Periodic audits;

(4) Supervisory review; and

(5) Monitoring and enforcement of contractual provisions established under §§ 58-33-104 and 58-33-108 .

The extent of the supervisory procedures and controls a producer is required to maintain under this section may appropriately reflect the size and complexity of the producer's operations and the scope and nature of the producer's insurance activities.

Source: SL 2007, ch 292, § 20.
S.D. Codified Laws § 58-30-209.1 — SD Code / Title 58 / Chapter 30 / Section 58-30-209.1
Application of travel insurance laws
Status: in_force

The requirements of §§ 58-30-209 to 58-30-217.1 , inclusive, apply to travel insurance that covers any resident of this state, and is sold, solicited, negotiated, or offered in this state, and policies and certificates that are delivered or issued for delivery in this state. The requirements do not apply to cancellation fee waivers or travel assistance services, except as expressly provided in this chapter. All other applicable provisions of this state’s insurance laws shall continue to apply to travel insurance except that the specific provisions of §§ 58-30-209 to 58-30-217.1 , inclusive, shall supersede any general provisions of law that would otherwise be applicable to travel insurance.

Source: SL 2022, ch 185, § 2.
S.D. Codified Laws § 58-17-26 — SD Code / Title 58 / Chapter 17 / Section 58-17-26
Payment of claims--Persons to whom benefits payable--Provision required in policy
Status: in_force

There shall be a provision as follows: "Payment of claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured."

Source: SL 1966, ch 111, ch 25, § 12.
S.D. Codified Laws § 58-1-3.3 — SD Code / Title 58 / Chapter 1 / Section 58-1-3.3
Health care sharing ministries exempt from title
Status: in_force

A health care sharing ministry may not be considered to be engaging in the business of insurance under Title 58.

For purposes of this section, a health care sharing ministry is a faith-based, nonprofit organization that is tax exempt under the Internal Revenue Code and:

(1) Limits its participants to those who are of a similar faith;

(2) Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;

(3) Provides for the financial or medical needs of a participant through contributions from one participant to another;

(4) Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;

(5) Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution; and

(6) Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance:

"Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payments for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills."

Source: SL 2012, ch 240, §§ 1, 2.
S.D. Codified Laws § 58-15-21 — SD Code / Title 58 / Chapter 15 / Section 58-15-21
Nonforfeiture of benefits--Cash surrender value--Provisions required in policies
Status: in_force

There shall be a provision for nonforfeiture benefits and cash surrender value in accordance with the requirements of § 58-15-30 or §§ 58-15-31 to 58-15-43 , inclusive.

Source: SL 1966, ch 111, ch 23, § 10.
S.D. Codified Laws § 58-41-122 — SD Code / Title 58 / Chapter 41 / Section 58-41-122
Documents provided to health maintenance organization by risk bearing entity
Status: in_force

A health maintenance organization shall include in any contract with a risk bearing entity a requirement that the risk bearing entity provide to the health maintenance organization at the time a contract is entered into and annually thereafter the following:

(1) Annual audited GAAP report in accordance with generally accepted accounting principles in the United States (U.S. GAAP);

(2) Documentation that satisfies the health maintenance organization that the risk bearing entity has sufficient ability to accept risk; and

(3) Documentation that satisfies the health maintenance organization that the risk bearing entity has appropriate management expertise and infrastructure.

The contract shall also require that the risk bearing entity on a quarterly basis provide status reports that include the following:

(1) Financial statements prepared in accordance with U.S. GAAP;

(2) An aging report of the percentage of claims that have been paid, pended, or denied, across all contracts with risk bearing entities; and

(3) On a monthly basis, a report of the estimated reported claims and incurred but not reported claims liability of the risk bearing entity.

Source: SL 2013, ch 256, § 37.
S.D. Codified Laws § 58-46-4 — SD Code / Title 58 / Chapter 46 / Section 58-46-4
Filing requirements
Status: in_force

Before receiving a certificate of authority, a captive insurance company shall file with the director a certified copy of its governing documents, a statement under oath of an officer, manager, trustee, or other appropriately authorized representative, satisfactory to the director showing its financial condition, and any other statements or documents required by the director.

Source: SL 1996, ch 287, § 4; SL 2014, ch 245, § 1.
S.D. Codified Laws § 58-34-28 — SD Code / Title 58 / Chapter 34 / Section 58-34-28
Advisory committee representing subscribers--Selection
Status: in_force

The advisory committee of a domestic reciprocal insurer exercising the subscribers' rights shall be selected under such rules as the subscribers adopt.

Source: SL 1966, ch 111, ch 19, § 20 (1).
S.D. Codified Laws § 58-24-74 — SD Code / Title 58 / Chapter 24 / Section 58-24-74
Insurer to maintain records relating to insurance sales to exempt commercial policyholder--Examination by director
Status: in_force

Any insurer who sells any kind of insurance to an exempt commercial policyholder shall maintain records relating to the insurance sales as required by §§ 58-24-68 to 58-24-74 , inclusive. At a minimum, the records shall include: any data, statistics, rates, rating plans, rating systems, and underwriting rules used in underwriting and issuing such policies; claims-made policy forms; annual experience data on each risk insured, including written premiums, written premiums at a manual rate, paid losses, outstanding losses, loss adjustment expenses, underwriting expenses, underwriting profits, and profits from contingencies; and complaint information required under South Dakota law.

The insurer shall maintain the records for five years. The insurer shall make such records available for examination by the director at any reasonable hour.

Source: SL 2004, ch 307, § 7.
S.D. Codified Laws § 58-27-104 — SD Code / Title 58 / Chapter 27 / Section 58-27-104
Investment in a collateralized pool of assets other than mortgages--Requirements
Status: in_force

An insurer may invest in an interest in a collateralized pool whose underlying assets are not addressed or may be prohibited by chapter 58-26 or 58-27 . An insurer may invest in interest - bearing obligations entitled to receive both principal and interest, or both principal and implied interest, from a pool collateralized by one or more assets other than those authorized in § 58-27-103 . The collateral for the investments shall have been sold to and be currently owned by a trust or corporation established solely for the purpose of holding the assets for the benefit of the obligee. Any investment authorized under this section shall have a minimum quality rating of two by the Securities Valuation Office of the National Association of Insurance Commissioners. If at any time thereafter the quality rating drops below a rating of two the insurer is subject to § 58-27-90 .

An insurer's investments authorized under this section may not exceed forty percent of its admitted assets.

If the underlying investment of the pool is an investment set forth in chapters 58-26 and 58-27 , any requirement or limitation for that investment shall apply. This section is subject to the five percent limitation of § 58-27-53 .

Source: SL 1993, ch 364, § 3; SL 1994, ch 384, § 7; SL 1997, ch 294, § 26.
S.D. Codified Laws § 58-35-50 — SD Code / Title 58 / Chapter 35 / Section 58-35-50
Directors' and officers' liability for failure to pay claims
Status: in_force

The directors or officers of an insurer are liable in their individual capacity to the person sustaining an insured loss, if they willfully refuse or neglect to make an assessment and collect the obligations owing to the insurer in accordance with the provisions of this chapter.

Source: SL 1966, ch 111, ch 17, § 31.
S.D. Codified Laws § 58-11-9.9 — SD Code / Title 58 / Chapter 11 / Section 58-11-9.9
Adding of underinsured motorist coverage limits for multiple vehicles prohibited
Status: in_force

Regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the insured's policy, or premiums paid, in no event may the limit of liability for underinsured motorist coverage for two or more of the insured's motor vehicles be added together to determine the limit of insurance coverage available to an injured person for any one accident.

Source: SL 1986, ch 417, § 4.
S.D. Codified Laws § 58-30-74.4 — SD Code / Title 58 / Chapter 30 / Section 58-30-74.4
Designation of individual licensed insurance producer in business entity renewal application
Status: in_force

In the license renewal application, each business entity shall designate an individual licensed insurance producer responsible for the business entity's compliance with the insurance laws of this state.

Source: SL 2018, ch 282, § 3.
S.D. Codified Laws § 58-22-23 — SD Code / Title 58 / Chapter 22 / Section 58-22-23
Denial of charges of unlawful conduct--Hearing by director, notice of time and place, rights of parties--Suspension or revocation of license
Status: in_force

If, however, the bail bondsman or runner shall file written answer denying the charges within the time specified, the director shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issue of fact made by the charges and answer. The director shall give notice to such bail bondsman or runner and to the insurer represented by him, if a surety bondsman, of the time and place of hearing. The parties shall have the right to produce witnesses, and to appear personally or by counsel. If upon such hearing the director shall determine that the bail bondsman or runner is guilty as alleged in said charges, he shall thereupon revoke the license of the bail bondsman or runner, or suspend him for a definite period of time to be fixed in the order of suspension.

Source: SL 1966, ch 111, ch 31, § 14.
S.D. Codified Laws § 58-18-47 — SD Code / Title 58 / Chapter 18 / Section 58-18-47
Nonrenewal of health benefit plans by an employer carrier
Status: in_force

If an employer carrier elects not to renew all of its health benefit plans delivered or issued for delivery to employers in this state, the carrier shall:

(1) Be prohibited from writing new business in the employer market in this state for a period of five years from the date of notice to the director;

(2) Provide advance notice of the decision not to renew to the director in each state in which it is licensed; and

(3) Provide notice of the decision not to renew coverage to all affected employers and to the director in each state in which an affected insured individual is known to reside at least one hundred eighty days prior to the nonrenewal of any health benefit plans by the carrier.

Notice to the director under this section shall be provided at least three working days prior to the notice to the affected employers. In the case of an employer carrier doing business in one established geographic service area of the state, this section applies only to the carrier's operations in that service area.

Source: SL 1994, ch 383, § 6.
S.D. Codified Laws § 58-30-200 — SD Code / Title 58 / Chapter 30 / Section 58-30-200
Licensing of rental car agent for authorized rental car insurer
Status: in_force

The director may issue to a rental car company that has complied with the requirements of §§ 58-30-197 to 58-30-208 , inclusive, a license that authorizes the rental car company to act as a rental car agent in accordance with the provisions of §§ 58-30-197 to 58-30-208 , inclusive, in connection with and incidental to rental agreements, on behalf of any insurer authorized to write such insurance in this state.

Source: SL 2001, ch 272, § 4; SDCL § 58-9-37; SL 2010, ch 233, § 2.
S.D. Codified Laws § 58-16-37 — SD Code / Title 58 / Chapter 16 / Section 58-16-37
Required statement of benefits furnished to insured debtors
Status: in_force

A policy of group life insurance issued to a creditor to insure debtors of such creditor shall contain a provision that the insurer will furnish to the policyholder for delivery to each debtor insured under the policy a form which will contain a statement that the life of the debtor is insured under the policy and that any death benefit paid thereunder by reason of his death shall be applied to reduce or extinguish the indebtedness.

Source: SL 1966, ch 111, ch 24, § 3 (11).
S.D. Codified Laws § 58-19-42 — SD Code / Title 58 / Chapter 19 / Section 58-19-42
Credit unemployment insurance separately sold and priced--Exception--Not to be required for credit card issuance or renewal
Status: in_force

Credit unemployment insurance shall be sold separately and shall be separately priced from any other insurance offered or sold at the same time unless credit unemployment insurance is included as part of an insurance offering by a credit card issuer. However, credit unemployment insurance may not be required as a condition for the issuance or renewal of a credit card.

Source: SL 1987, ch 380, § 4; SL 1988, ch 403.
S.D. Codified Laws § 58-12-5 — SD Code / Title 58 / Chapter 12 / Section 58-12-5
Annuity contract defined
Status: in_force

An annuity contract within the meaning of §§ 58-12-6 to 58-12-10 , inclusive, shall be any obligation to pay certain sums at stated times, during life or lives, or for a specified term or terms, issued for a valuable consideration, regardless of whether or not such sums are payable to one or more persons, jointly or otherwise but does not include payments under life insurance contracts at stated times during life or lives, or for a specified term or terms.

Source: SL 1966, ch 111, ch 22, § 32 (3).
S.D. Codified Laws § 58-46-28 — SD Code / Title 58 / Chapter 46 / Section 58-46-28
Sponsor of sponsored captive insurance company
Status: in_force

A sponsor of a sponsored captive insurance company shall be any entity approved by the director. A risk retention group may not be a sponsor of a sponsored captive insurance company, and a risk retention group may be a participant of a sponsored captive insurance company only to the extent that it is the sole participant of one or more protected cells.

Source: SL 2013, ch 257, § 24.
S.D. Codified Laws § 58-6-24 — SD Code / Title 58 / Chapter 6 / Section 58-6-24
Determination of capital and surplus requirements for certificate of authority
Status: in_force

Capital and surplus requirements of § 58-6-23 are based upon all kinds of insurance transacted by the insurer in any and all areas in which it operates or proposes to operate, whether or not only a portion of such kinds are to be transacted in this state.

Source: SL 1966, ch 111, ch 3, § 10 (2).
S.D. Codified Laws § 58-43-9.4 — SD Code / Title 58 / Chapter 43 / Section 58-43-9.4
Services which do not disqualify accountant--Audit committee preapproval
Status: in_force

A qualified independent certified public accountant who performs the audit may engage in other nonaudit services, including tax services, that are not described in or that do not conflict with the provisions of § 58-43-9.2 , only if the activity is approved in advance by the audit committee, in accordance with the provisions of § 58-43-9.5 .

Source: SL 2009, ch 271, § 10.
S.D. Codified Laws § 58-27-82 — SD Code / Title 58 / Chapter 27 / Section 58-27-82
Participation in federal reserve book-entry system
Status: in_force

A company may participate through a member bank in the federal reserve book - entry system and the records of the member bank shall at all times show that the investments are held for the company or for specific accounts of the company.

Source: SL 1983, ch 377, § 5.
S.D. Codified Laws § 58-15-104 — SD Code / Title 58 / Chapter 15 / Section 58-15-104
Provision of claim forms or instructions to beneficiaries
Status: in_force

If the insurer locates a beneficiary and has not received a claim from the beneficiary within thirty days after the date of location, the insurer shall provide appropriate claim forms or instructions to the beneficiary to make a claim.

Source: SL 2018, ch 280, § 11.
S.D. Codified Laws § 58-5A-82 — SD Code / Title 58 / Chapter 5A / Section 58-5A-82
Regular conduct of ORSA
Status: in_force

Subject to the provisions of §§ 58-5A-85 to 58-5A-88 , inclusive, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA shall be conducted at least annually but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.

Source: SL 2017, ch 210, § 3.
S.D. Codified Laws § 58-6-44 — SD Code / Title 58 / Chapter 6 / Section 58-6-44
Refusal to renew or suspension or revocation of certificate, grounds
Status: in_force

The director shall refuse to renew, or shall suspend or revoke, an insurer's certificate of authority:

(1) If such action is required by any provision of this title; or

(2) If a foreign insurer, it no longer meets the requirements for the authority, on account of deficiency of assets or otherwise; or if a domestic insurer, it has failed to cure an impairment of capital or surplus within the time allowed therefor by the director under this title; or

(3) If the insurer knowingly exceeds its charter powers or powers granted under its certificate of authority; or

(4) If the insurer's certificate of authority to transact insurance therein is suspended or revoked by its state of domicile, or state of entry into the United States if an alien insurer.

Source: SL 1966, ch 111, ch 3, § 18 (1).
S.D. Codified Laws § 58-11-4 — SD Code / Title 58 / Chapter 11 / Section 58-11-4
Contents of policy--Exemption of surety contracts or group insurance policies
Status: in_force

Sections 58-11-2 and 58-11-3 shall not apply to surety contracts or to group insurance policies.

Source: SL 1966, ch 111, ch 22, § 16 (3).
S.D. Codified Laws § 58-17-101 — SD Code / Title 58 / Chapter 17 / Section 58-17-101
Insurer may not exclude certain off-label uses of prescription drugs
Status: in_force

No health insurer issuing a policy which provides coverage for prescription drugs may exclude coverage of any drug used for the treatment of cancer or life threatening conditions on the grounds that the drug has not been approved by the FDA for that indication if that drug is recognized for treatment of such indication in one of the standard reference compendia or in the medical literature. The prescribing physician shall submit documentation supporting the proposed off - label use or uses to the insurer, if requested. Any coverage of a drug that serves as the primary treatment required by §§ 58-17-100 to 58-17-106 , inclusive, shall also include medically necessary services associated with the administration of the drug.

Source: SL 2000, ch 242, § 2.
S.D. Codified Laws § 58-27-73 — SD Code / Title 58 / Chapter 27 / Section 58-27-73
Immediate disposal of ineligible property or security unlawfully acquired
Status: in_force

Any ineligible property or security unlawfully acquired by an insurer shall be disposed of forthwith, and for failure so to do within thirty days after order of the director requiring such disposal, the director may suspend or revoke the insurer's certificate of authority.

Source: SL 1966, ch 111, ch 6, § 32 (3).
S.D. Codified Laws § 58-1-30 — SD Code / Title 58 / Chapter 1 / Section 58-1-30
Conditions for transmission of electronic documents
Status: in_force

An insurer may only deliver a notice or document to a party by electronic means pursuant to §§ 58-1-27 to 58-1-39 , inclusive, if:

(1) The party affirmatively consents to the electronic delivery and has not withdrawn the consent;

(2) The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:

(a) Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;

(b) The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;

(c) Whether the party's consent applies:

(i) Only to the particular transaction as to which the notice or document must be given; or

(ii) To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;

(d) The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and

(e) The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;

(3) The insurer ensures that the party:

(a) Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and

(b) Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and

(4) The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:

(a) The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

(b) The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.

Source: SL 2014, ch 230, § 4.
S.D. Codified Laws § 58-32-7 — SD Code / Title 58 / Chapter 32 / Section 58-32-7
Qualifications for surplus line broker's license--Out-of-state sales
Status: in_force

Any individual who is licensed in this state as an insurance producer and who is determined by the director to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus line broker. No individual is required to be licensed pursuant to this chapter as a surplus lines broker if the selling, soliciting, or negotiating of surplus lines insurance takes place in an insured's home state and the home state of the insured is a state other than South Dakota.

Source: SL 1966, ch 111, ch 11, § 12 (1); SL 2001, ch 286, § 196; SL 2011, ch 223, § 1.
S.D. Codified Laws § 58-2-27 — SD Code / Title 58 / Chapter 2 / Section 58-2-27
Director's certificate of authority--Evidence
Status: in_force

The director shall furnish, when requested, his sworn certificate as to the authority of any person to transact insurance business, and such certificate shall be evidence of the facts set forth therein.

Source: SL 1966, ch 111, ch 2, § 11 (2); SL 1978, ch 359, § 11.
S.D. Codified Laws § 58-34-2 — SD Code / Title 58 / Chapter 34 / Section 58-34-2
Reciprocal insurer defined
Status: in_force

A "reciprocal insurer" means an unincorporated aggregation of subscribers operating individually and collectively through an attorney in fact to provide reciprocal insurance among themselves.

Source: SL 1966, ch 111, ch 19, § 2.
S.D. Codified Laws § 58-33-78 — SD Code / Title 58 / Chapter 33 / Section 58-33-78
Time limit on information to and from authorized agency
Status: in_force

An authorized agency accepting information from an insurer pursuant to §§ 58-33-76 and 58-33-77 shall provide within thirty days of a written request therefor any information in its possession or control relevant to the suspected false or fraudulent claim, statement, or representation of which the insurer notified the agency. An authorized agency receiving information pursuant to §§ 58-33-76 and 58-33-77 may release or provide any relevant information in its possession to any other authorized agency.

Source: SL 1993, ch 368, § 4.
S.D. Codified Laws § 58-6A-3.10 — SD Code / Title 58 / Chapter 6A / Section 58-6A-3.10
Code of business conduct and ethics
Status: in_force

The board of directors shall adopt and disclose a code of business conduct and ethics for directors, officers, and employees. Each director, officer, and employee shall promptly disclose to the board of directors any waivers of the code. The code of business conduct and ethics shall include the following topics:

(1) Conflicts of interest;

(2) Matters covered under the corporate opportunities doctrine under the state of domicile;

(3) Confidentiality;

(4) Fair dealing;

(5) Protection and proper use of risk retention group assets;

(6) Compliance with all applicable laws, rules, and regulations; and

(7) Requiring the reporting of any illegal or unethical behavior which affects the operation of the risk retention group.

Source: SL 2016, ch 232, § 12.
S.D. Codified Laws § 58-34-56 — SD Code / Title 58 / Chapter 34 / Section 58-34-56
Uncollected assessments not allowed as assets
Status: in_force

An assessment levied upon subscribers, and not collected, shall not be allowed as an asset.

Source: SL 1966, ch 111, ch 19, § 18 (5).
S.D. Codified Laws § 58-30-119 — SD Code / Title 58 / Chapter 30 / Section 58-30-119
Extension of time for completing continuing education requirements
Status: in_force

For good cause shown, the director of the Division of Insurance may grant an extension of time during which the requirements imposed by §§ 58-30-114 to 58-30-121 , inclusive, may be completed, but such extension of time may not exceed one year.

Source: SL 1984, ch 331, § 6.
S.D. Codified Laws § 58-43-26 — SD Code / Title 58 / Chapter 43 / Section 58-43-26
Dispute resolution by mediation or arbitration
Status: in_force

A qualified independent certified public accountant may enter into an agreement with an insurer to have disputes relating to an audit resolved by mediation or arbitration. However, if a delinquency proceeding commenced against the insurer under chapter 58-29B , the mediation or arbitration provisions shall operate at the option of the statutory successor.

Source: SL 2007, ch 294, § 4.
S.D. Codified Laws § 58-27-24 — SD Code / Title 58 / Chapter 27 / Section 58-27-24
Stock of solvent insurers meeting requirements
Status: in_force

An insurer may invest in the stocks of other solvent insurers formed under the laws of this or another state, which stocks meet the applicable requirements of subdivision 58-27-17(5) and § 58-27-23 .

Source: SL 1966, ch 111, ch 6, § 15 (1); SL 1992, ch 350, § 19.
S.D. Codified Laws § 58-4-49 — SD Code / Title 58 / Chapter 4 / Section 58-4-49
Disclosure of status, existence, or outcome of investigation or examination
Status: in_force

The status, existence, or outcome of any ongoing or completed investigation or examination performed pursuant to this title may be disclosed by the director to any person who has filed a complaint or report to the director pertaining to the specific investigation or examination. The director may disclose the following information to any person identified by this section:

(1) Any remedial actions agreed to by a licensee being investigated or examined;

(2) Any remedial actions ordered by the director as a result of an examination or investigation; or

(3) Any other such information as the parties to the remedial action may agree to release in writing.

Source: SL 2012, ch 242, § 1; SL 2014, ch 234, § 1.
S.D. Codified Laws § 58-1-13 — SD Code / Title 58 / Chapter 1 / Section 58-1-13
Severability of provisions
Status: in_force

If any provision of this title or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions of this title or any other application which can be given effect without the invalid provision or application, and to this end, all provisions of this title are declared to be severable.

Source: SL 1966, ch 111, ch 1, § 7.
S.D. Codified Laws § 58-33-71 — SD Code / Title 58 / Chapter 33 / Section 58-33-71
Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document
Status: in_force

No insurer may specify the use of non - OEM aftermarket crash parts in the repair of an insured's motor vehicle, nor may a repair facility or installer use non - OEM aftermarket parts to repair a vehicle, unless the consumer is advised in writing. In all instances where non - OEM aftermarket crash parts are intended for use by an insurer:

(1) The written estimate shall clearly identify each such part; and

(2) A disclosure document containing the following information in ten point type or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."

Any violation of this section shall be enforced through the provisions of this chapter and shall be enforced by the penalties provided for in this chapter.

Source: SL 1990, ch 408, §§ 3, 4.
S.D. Codified Laws § 58-44-16 — SD Code / Title 58 / Chapter 44 / Section 58-44-16
Exception to application of chapter
Status: in_force

This chapter applies to all persons doing insurance business notwithstanding any provision in this title which exempts them from other insurance laws except any insurer licensed pursuant to chapter 58-35 which does not have more than one million dollars in direct written premiums and more than one thousand policyholders in any calendar year.

Source: SL 1992, ch 358, § 16.
S.D. Codified Laws § 58-3-9 — SD Code / Title 58 / Chapter 3 / Section 58-3-9
Valuation of real estate involved in examination--Appraisers, appointment, prompt appraisal, report--Expense of appraisal, liability of person examined
Status: in_force

If the director deems it necessary to value any real estate involved in any such examination, he may make written request of the person being examined to appoint one or more competent appraisers approved by the director, for the purpose of appraising such property. If no such appointment is made within ten days after such request is delivered to such person, the Department of Labor and Regulation may appoint the appraiser or appraisers. Any such appraisal shall be made promptly, and a copy of the report thereof shall be furnished to the director. The reasonable expense of the appraisal shall be borne by the person being examined.

Source: SL 1966, ch 111, ch 2, § 18 (4); SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 58-20-14 — SD Code / Title 58 / Chapter 20 / Section 58-20-14
Cancellation of policy--Notice of intention to cancel--Service on employer
Status: in_force

No workers' compensation policy may be cancelled for nonpayment of premiums unless notice of the cancellation has been sent by mail to the employer at least ten days prior to the date of cancellation. Any policy cancelled for reasons other than nonpayment of premiums is subject to the provisions of §§ 58-33-59 to 58-33-65.1 , inclusive. For any cancellation, the insurer shall provide notice to the Department of Labor and Regulation at the same time notice is provided to the employer. The notice shall be served on the employer by delivering it to the employer or by sending it by mail, by registered or certified letter addressed to the employer at the employer's last known place of residence, but if the employer is a partnership, then such notice may be so given to any one of the partners, and if the employer be a corporation, then the notice may be given to any agent or officer of the corporation upon whom legal process may be served.

Source: SL 1966, ch 111, ch 29, § 11; SL 1971, ch 275, § 6; SL 1982, ch 28, § 18; SL 2004, ch 306, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 58-18-48 — SD Code / Title 58 / Chapter 18 / Section 58-18-48
Acceptance of new employees for coverage under employer's existing health benefit plan
Status: in_force

If an employer has an existing health benefit plan, the carrier shall accept for coverage under the health benefit plan new employees and the dependents of new employees, if the new employee had creditable coverage within the prior sixty - three days from the date the new employee is eligible for coverage. The coverage shall be issued without exclusionary riders. The carrier is not required to provide coverage for new employees or dependents who are late enrollees or who have not had creditable coverage within sixty - three days before applying for coverage. The exception allowing late enrollees to be excluded is limited to the time frames required by subdivisions 58-18-45(3) and (5). Policies may not exclude children, as set forth in subdivision 58-18-43(4), from the definition of eligible dependents. No person may be excluded from coverage based upon discriminatory criteria as defined by the director in rules promulgated pursuant to chapter 1-26 .

Source: SL 1994, ch 383, § 8; SL 1996, ch 295; SL 1997, ch 289, § 11; SL 1998, ch 289, § 7.
S.D. Codified Laws § 58-17A-13 — SD Code / Title 58 / Chapter 17A / Section 58-17A-13
Review of advertisements of issuers providing medicare supplement insurance
Status: in_force

Every issuer providing medicare supplement insurance policies or certificates in this state shall provide, prior to its use, a copy of any advertisement used in this state whether through written, radio, or television medium to the director for review.

Source: SL 1989, ch 431, § 9; SL 1992, ch 347, § 13.
S.D. Codified Laws § 58-32-31 — SD Code / Title 58 / Chapter 32 / Section 58-32-31
Replacement of broker's certificate when policy issued
Status: in_force

If a policy issued by the insurer is not available upon placement of the insurance and the broker has issued and delivered his certificate as provided in § 58-32-27 , upon request therefor by the insured, the broker shall as soon as reasonably possible procure from the insurer its policy evidencing such insurance and deliver such policy to the insured in replacement of the broker's certificate theretofore issued.

Source: SL 1966, ch 111, ch 11, § 8 (4).
S.D. Codified Laws § 58-29B-159 — SD Code / Title 58 / Chapter 29B / Section 58-29B-159
Owners of special deposit claims--Priority--Deficiencies in deposit
Status: in_force

The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state has priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.

Source: SL 1989, ch 436, § 159.
S.D. Codified Laws § 58-29B-9 — SD Code / Title 58 / Chapter 29B / Section 58-29B-9
Persons to cooperate in proceedings and preliminary investigations
Status: in_force

Any officer, manager, director, trustee, owner, employee, representative, or insurance producer of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the director in any proceeding under this chapter or any investigation preliminary to the proceeding. The term, person, as used in this section, includes any person who exercises control directly or indirectly over activities of insurer through any holding company or other affiliate of the insurer. The term, to cooperate, includes the following:

(1) To reply promptly in writing to any inquiry from the director requesting such a reply; and

(2) To make available to the director any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in the insurer's possession, custody, or control.

Source: SL 1989, ch 436, § 9; SL 2001, ch 286, § 140.
S.D. Codified Laws § 58-1-25.1 — SD Code / Title 58 / Chapter 1 / Section 58-1-25.1
Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer
Status: in_force

Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. Nothing in this section prohibits a company that provides genetic testing from communicating with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted in this section.

Source: SL 2021, ch 209, § 3, eff. Jan. 1, 2022.
S.D. Codified Laws § 58-43-16.23 — SD Code / Title 58 / Chapter 43 / Section 58-43-16.23
Applicability of §§58-43-10and58-43-16.2to58-43-16.10
Status: in_force

The provisions of § 58-43-10 as amended by SL 2009, ch 271, § 7 apply to audits of the year beginning January 1, 2010. The provisions of §§ 58-43-16.2 to 58-43-16.10 , inclusive, are effective January 1, 2010. An insurer or group of insurers that is not required to have independent audit committee members or only a majority of independent audit committee members because the total written and assumed premium is below the threshold and subsequently becomes subject to one of the independence requirements due to changes in premium shall have one year following the year the threshold is exceeded (but not earlier than January 1, 2010) to comply with the independence requirements. An insurer that becomes subject to one of the independence requirements as a result of a business combination shall have one calendar year following the date of acquisition or combination to comply with the independence requirements.

Source: SL 2009, ch 271, § 38.
S.D. Codified Laws § 58-4-46 — SD Code / Title 58 / Chapter 4 / Section 58-4-46
Liability for release of information
Status: in_force

Any person or corporation governed by this title providing information to the Division of Insurance is not liable for the release or subsequent use of such information.

Source: SL 1992, ch 340, § 3.
S.D. Codified Laws § 58-30-52 — SD Code / Title 58 / Chapter 30 / Section 58-30-52
Exemption from examination requirements
Status: in_force

No examination is required of:

(1) An applicant for the same kind of license as that which the applicant has previously held in this state for at least one year within the five years next preceding the date of application and who is deemed by the director to be fully qualified and competent;

(2) A travel retailer or applicant for a limited line travel insurance license under §§ 58-30-209 to 58-30-217 , inclusive;

(3) Attorneys licensed to practice law in this state;

(4) Insurance producers outside the United States or its territories;

(5) Insurance producers applying for a limited license to sell, solicit, or negotiate limited line credit or limited line insurance exclusively;

(6) Employees of trade associations for the issuance of surety bonds to their association members only;

(7) Travel accident agents of motor service clubs;

(8) A person who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state. This exemption is available if the person is currently licensed in that state or if the application is received within ninety days of the cancellation of the applicant's previous license as long as the applicant was in good standing in that state and the state's insurance producer database records, maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, indicate that the insurance producer is or was licensed in good standing for the line of authority requested;

(9) A person licensed as an insurance producer in another state who moves to this state and makes application within ninety days of establishing legal residence to become a resident licensee pursuant to §§ 58-30-148 to 58-30-151 , inclusive. An examination may be required of that person to obtain any line of authority previously held in the prior state unless the director determines otherwise by rule.

Source: SL 1966, ch 111, ch 9, § 13; SL 1978, ch 365, § 9; SL 1987, ch 381, § 1; SL 1988, ch 387, § 3; SL 2001, ch 286, § 168; SL 2014, ch 241, § 1.
S.D. Codified Laws § 58-17-9 — SD Code / Title 58 / Chapter 17 / Section 58-17-9
Renewal of policy at option of insurer--Statement in policy so informing the policyholder
Status: in_force

In any case where a policy of health insurance is subject to renewal at the option of the insurer there shall be prominently printed both on the cover page and on the first page of such policy a statement so informing the policyholder.

Source: SL 1966, ch 111, ch 25, § 2 (9).
S.D. Codified Laws § 58-15-92 — SD Code / Title 58 / Chapter 15 / Section 58-15-92
Annuity and life insurance benefits in excess of greater of cash surrender benefits or return of gross considerations with interest--Minimum nonforfeiture benefits--Additional benefits
Status: in_force

For a contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract. Notwithstanding the provisions of §§ 58-15-86 to 58-15-89 , inclusive, and § 58-15-91 , additional benefits payable in the event of total and permanent disability, as reversionary annuity or deferred reversionary annuity benefits, or as other policy benefits additional to life insurance, endowment and annuity benefits, and considerations for all such additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid - up annuity, cash surrender, and death benefits that may be required by §§ 58-15-83 to 58-15-93 , inclusive. The inclusion of such benefits may not be required in any paid - up benefits, unless the additional benefits separately would require minimum nonforfeiture amounts, paid - up annuity, cash surrender, and death benefits.

Source: SL 2004, ch 299, § 11.
S.D. Codified Laws § 58-29B-11 — SD Code / Title 58 / Chapter 29B / Section 58-29B-11
Failure to cooperate--Obstruction or interference--Penalty
Status: in_force

Any person included within § 58-29B-9 who fails to cooperate with the director, or any person who obstructs or interferes with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the director issued validly under this chapter may be ordered by the court to pay a fine not exceeding ten thousand dollars or sentenced to state imprisonment for a term of not more than one year, or both, or after a hearing, the director may impose and order the person to pay an administrative penalty not to exceed ten thousand dollars and may order the revocation or suspension of any insurance licenses issued by the director.

Source: SL 1989, ch 436, § 11.
S.D. Codified Laws § 58-30-74 — SD Code / Title 58 / Chapter 30 / Section 58-30-74
Renewal of license or appointment--Fee
Status: in_force

Each license or appointment issued under this title shall continue in force until expired, suspended, revoked, or otherwise terminated, whichever is applicable, but is subject to renewal by payment to the director annually or biennially of the applicable fee as stated in § 58-2-29 upon notice by the director.

Source: SL 1966, ch 111, ch 9, § 19 (1); SL 1978, ch 365, §§ 16, 17; SL 1995, ch 289, § 5; SL 1996, ch 300, § 3; SL 2001, ch 286, § 170; SL 2004, ch 295, § 5; SL 2010, ch 233, § 5.
S.D. Codified Laws § 58-41-110 — SD Code / Title 58 / Chapter 41 / Section 58-41-110
Application of chapter to provider contracting with state
Status: in_force

Nothing in this chapter applies to a medical provider who enters into a contract with the State of South Dakota for services pursuant to chapter 3-12A .

Source: SL 1995, ch 294, § 1.
S.D. Codified Laws § 58-26-3 — SD Code / Title 58 / Chapter 26 / Section 58-26-3
Valuation of securities other than evidences of debt
Status: in_force

Securities, other than those referred to in § 58-26-2 , held by an insurer, shall be valued, in the discretion of the director, at their market value, or at their appraised value, or at prices determined by him as representing their fair market value.

Source: SL 1966, ch 111, ch 5, § 13 (1).
S.D. Codified Laws § 58-17-59 — SD Code / Title 58 / Chapter 17 / Section 58-17-59
When waiver presumed
Status: in_force

Any person who provides health care and who waives the deductible or co - payment for more than one - fourth of his patients during any calendar year, excluding waivers under § 58-17-58 , or who advertises that he will accept from any third - party payor, as payment in full for services rendered, the amount the third - party payor covers, is presumed to be waiving the deductible or co - payment as a regular business practice.

Source: SL 1989, ch 429, § 3.
S.D. Codified Laws § 58-27-68 — SD Code / Title 58 / Chapter 27 / Section 58-27-68
Foreign insurer--Permitted investment portfolio--Domicile of alien insurer
Status: in_force

The investment portfolio of a foreign insurer shall be as permitted by the laws of its domicile but shall be of a quality substantially as high as that required under this chapter for similar funds of like domestic insurers. For the purposes of this provision, the domicile of an alien insurer, other than a life insurer formed under the laws of Canada, shall be deemed to be that state in which it maintains its principal deposit.

Source: SL 1966, ch 111, ch 6, § 35.
S.D. Codified Laws § 58-26-90 — SD Code / Title 58 / Chapter 26 / Section 58-26-90
Confidentiality of actuarial report, workpapers, or actuarial opinion summary provided in support of opinion
Status: in_force

Documents, materials, or other information in the possession or control of the Division of Insurance that are considered an actuarial report, workpapers, or actuarial opinion summary provided in support of the opinion, and any other material provided by the company to the director in connection with the actuarial report, workpapers, or actuarial opinion summary, are confidential and privileged, are not subject to § 1-26-2 , 1-27-1 , or 58-2-26 , are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action.

This section does not limit the director's authority to release the documents to the Actuarial Board for Counseling and Discipline (ABCD) so long as the material is required for the purpose of professional disciplinary proceedings and that the ABCD establishes procedures satisfactory to the director for preserving the confidentiality of the documents, nor does this section limit the director's authority to use the documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the director's official duties.

Source: SL 2009, ch 271, § 45.
S.D. Codified Laws § 58-34-13 — SD Code / Title 58 / Chapter 34 / Section 58-34-13
Business name of insurer--Use in suits by and against
Status: in_force

A reciprocal insurer shall:

(1) Have and use a business name. The name shall include the word "reciprocal," or "interinsurer," or "interinsurance," or "exchange," or "underwriters," or "underwriting."

(2) Sue and be sued in its own name.

Source: SL 1966, ch 111, ch 19, § 5.
S.D. Codified Laws § 58-9-29 — SD Code / Title 58 / Chapter 9 / Section 58-9-29
Surety insurance including fidelity insurance
Status: in_force

"Surety insurance" includes fidelity insurance, insurance to guarantee the fidelity of persons holding positions of public or private trust.

Source: SL 1966, ch 111, ch 4, § 7 (1).
S.D. Codified Laws § 58-17-50 — SD Code / Title 58 / Chapter 17 / Section 58-17-50
Life insurance, endowment or annuity contracts not subject to health insurance provisions
Status: in_force

Nothing in §§ 58-17-1 to 58-17-47 , inclusive, shall apply to or affect life insurance, endowment, or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to health insurance as:

(1) Provide additional benefits in case of dismemberment or loss of sight, or of death by accident or accidental means, or as

(2) Operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract.

Source: SL 1966, ch 111, ch 25, § 1 (3).
S.D. Codified Laws § 58-30-133 — SD Code / Title 58 / Chapter 30 / Section 58-30-133
Penalties for violation by managing general agent
Status: in_force

If the director finds after hearing that any person has violated any provision of §§ 58-30-124 to 58-30-139 , inclusive, the director may order one or all of the following:

(1) For each separate violation, a penalty in an amount of not more than twenty - five thousand dollars;

(2) Revocation or suspension of the license or authority; or

(3) The managing general agent to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of §§ 58-30-124 to 58-30-139 , inclusive, committed by the managing general agent.

Nothing contained in this section affects the right of the director to impose any other penalties provided for in the insurance law.

Source: SL 1992, ch 353, § 10.
S.D. Codified Laws § 58-19-25 — SD Code / Title 58 / Chapter 19 / Section 58-19-25
Prior policies--Group certificate and notice of proposed insurance, filing and approval by director--Schedules of premium rates
Status: in_force

If a group policy of credit life insurance or credit health insurance has been delivered in this state before July 1, 1966, or has been or is delivered in another state before or after said date, the insurer shall be required to file only the group certificate and notice of proposed insurance delivered or issued for delivery in this state as specified in §§ 58-19-19 , 58-19-21 , and 58-19-22 , and such forms shall be approved by the director if they conform with the requirements specified in said sections and if the schedules of premium rates applicable to the insurance evidenced by such certificate or notice are not in excess of the insurer's schedules of premium rates filed with the director.

Source: SL 1966, ch 111, ch 27, § 7 (6).
S.D. Codified Laws § 58-44-14 — SD Code / Title 58 / Chapter 44 / Section 58-44-14
Disapproval of contract between controlling broker and controlled insurer
Status: in_force

The director may disapprove the contract in § 58-44-5 pursuant to §§ 58-5-85 and 58-5-86 if it would adversely affect the insurer or would violate any law.

Source: SL 1992, ch 358, § 14.
S.D. Codified Laws § 58-27-78 — SD Code / Title 58 / Chapter 27 / Section 58-27-78
Nominee holding investments--Definitions
Status: in_force

Terms used in §§ 58-27-78 to 58-27-84 , inclusive, mean:

(1) "Clearing corporation," a corporation as defined in subdivision 57A-8-102(5);

(2) "Custodian bank," any bank or trust company which is supervised or examined by a state or federal authority having supervision over banks and which may act as custodian for an insurer;

(3) "Member bank," a national bank, state bank, or trust company which is a member of the United States Federal Reserve System;

(4) "Securities lending transaction," a transaction in which securities are loaned by an insurer to an institution that is obligated to return equivalent or substantially similar securities to the insurer, either within a specified period of time or upon demand;

(5) "Reverse repurchase transaction," a transaction in which an insurer sells securities to an institution and is obligated to repurchase equivalent or substantially similar securities from the institution at a specified price, either within a specified period of time or upon demand;

(6) "Repurchase transaction," a transaction in which an insurer purchases securities from an institution that is obligated to repurchase equivalent or substantially similar securities from the insurer at a specified price, either within a specified period of time or upon demand;

(7) "Dollar roll transaction," two simultaneous transactions with different settlement dates no more than ninety-six days apart, so that in the transaction with the earlier settlement date, an insurer sells to an institution, and in the other transaction, the insurer is obligated to purchase from the same institution, substantially similar securities of the following type:

(a) Securities issued, assumed, or guaranteed by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or their respective successors;

(b) Securities referred to in Section 106 of Title I of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. § 77r-1), as adopted by the director pursuant to rules promulgated pursuant to chapter 1-26 ;

(c) Any other securities approved by the director;

(8) "Substantially similar securities," securities of the same issuer having similar features that meet all criteria for substantially similar or equivalent securities specified in the National Association of Insurance Commissioners Accounting Practices and Procedures Manual, as adopted by the director pursuant to rules promulgated pursuant to chapter 1-26 ; and

(9) "Securities," any investment of the type authorized or permitted under chapter 58-27 .

Source: SL 1983, ch 377, § 1; SL 1997, ch 294, § 20; SL 2017, ch 214, § 3.
S.D. Codified Laws § 58-5-119 — SD Code / Title 58 / Chapter 5 / Section 58-5-119
Failure to cure deficiency, insurer deemed insolvent--Delinquency proceedings
Status: in_force

If the deficiency is not cured as required by § 58-5-114 , the insurer shall be deemed insolvent and the director shall institute delinquency proceedings as provided in this title.

Source: SL 1966, ch 111, ch 16, § 35 (3).
S.D. Codified Laws § 58-5-86 — SD Code / Title 58 / Chapter 5 / Section 58-5-86
Domestic insurer--Management and exclusive agency contracts, disapproval by director, grounds
Status: in_force

The director shall disapprove any such contract if he finds that it:

(1) Subjects the insurer to excessive charges; or

(2) Is to extend for an unreasonable length of time; or

(3) Does not contain fair and adequate standards of performance; or

(4) Contains any provision which the director deems detrimental to the best interests of stockholders or members of the insurer.

Source: SL 1966, ch 111, ch 16, § 23 (2).
S.D. Codified Laws § 58-34-48 — SD Code / Title 58 / Chapter 34 / Section 58-34-48
Impairment of surplus required for nonassessable policies--Revocation of extinguishment authority
Status: in_force

Upon impairment of the surplus required by § 58-34-46 , the director shall forthwith revoke the certificate of authority to extinguish the contingent liability of subscribers. Such revocation shall not render subject to contingent liability any policy then in force and for the remainder of the period for which the premium has theretofore been paid; but after such revocation no policy shall be issued or renewed without providing for contingent assessment liability of the subscriber.

Source: SL 1966, ch 111, ch 19, § 26 (2).
S.D. Codified Laws § 58-29C-56 — SD Code / Title 58 / Chapter 29C / Section 58-29C-56
Member assessment as offset against premium tax liability
Status: in_force

A. A member insurer may offset against its premium tax liability to this state an assessment described in subpart 58-29C-52H to the extent of twenty percent of the amount of the assessment for each of the five calendar years following the year in which the assessment was paid. If the assessment is five hundred dollars or less, the member insurer shall take the total offset in the first year following the year in which the assessment was paid. However, total assessments offset against premium taxes may not exceed two million dollars in any year. If offsets exceed the annual limitation in this section, the excess may be carried forward to a subsequent year in which the annual limitation has not been exceeded. Any excess shall be apportioned among the contributing insurers in relation to their assessment that caused the limit to be exceeded. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.

B. Any sums that are acquired by refund, pursuant to subpart 58-29C-52F, from the association by member insurers, and that have been offset against premium taxes as provided in subpart A of this section, shall be paid by the insurers to this state in such manner as the tax authorities may require. The association shall notify the director that refunds have been made.

Source: SL 2003, ch 252, § 13.
S.D. Codified Laws § 58-11-31 — SD Code / Title 58 / Chapter 11 / Section 58-11-31
Extension or renewal of binder--Approval of director
Status: in_force

If the policy has not been issued a binder may be extended or renewed beyond such ninety days with the written approval of the director, or in accordance with such rules and regulations relative thereto as the director may promulgate.

Source: SL 1966, ch 111, ch 22, § 24 (3).
S.D. Codified Laws § 58-3-12 — SD Code / Title 58 / Chapter 3 / Section 58-3-12
Examination reports--Copy to company examined--Review by director--Order
Status: in_force

No later than sixty days following completion of the examination, the examiner in charge shall file with the division a written report of examination under oath. Upon receipt of the report, the division shall transmit the report to the company examined. The company may make a written submission or rebuttal with respect to any matters contained in the examination report within thirty days of transmittal of the report.

Within thirty days of receipt of written submissions or rebuttals, if any, the director shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of the examiner's work papers, and enter an order:

(1) Adopting the examination report as filed or with modification or corrections. If the examination report reveals that the company is operating in violation of any law, regulation or prior order of the director, the director may order the company to take any action the director considers necessary and appropriate to cure the violation;

(2) Rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation, or information, and refiling pursuant to the procedures in subdivision (1) for the initial report; or

(3) Calling for an investigatory hearing with no less than twenty days' notice to the company for purposes of obtaining additional documentation, data, information, and testimony.

Source: SL 1966, ch 111, ch 2, § 20 (3); SL 1992, ch 338, § 9; SL 2023, ch 163, § 1.
S.D. Codified Laws § 58-19-13 — SD Code / Title 58 / Chapter 19 / Section 58-19-13
Premium rate not to exceed scheduled rate--Misdemeanor
Status: in_force

No insurer shall issue any credit life insurance policy or credit health insurance policy for which the premium rate exceeds that determined by the schedules of such insurer as then on file with the director. Violation of this section is a Class 2 misdemeanor.

Source: SL 1966, ch 111, ch 27, § 8 (1); SL 1978, ch 359, § 2.
S.D. Codified Laws § 58-6A-3.1 — SD Code / Title 58 / Chapter 6A / Section 58-6A-3.1
Majority of risk retention group directors to be independent--Board determinations as to material relationship
Status: in_force

The board of directors of the risk retention group shall have a majority of independent directors. If the risk retention group is a reciprocal, then the attorney-in-fact shall adhere to the same standards regarding independence of operation and governance as imposed on the risk retention group's board of directors or subscriber's advisory committee under these standards. In addition, to the extent permissible under state law, a service provider of a reciprocal risk retention group shall contract with the risk retention group and not the attorney-in-fact.

No director of the risk retention group qualifies as independent unless the board of directors affirmatively determines that the director of the risk retention group has no material relationship as described in § 58-6A-3.2 with the risk retention group. Each risk retention group shall disclose these determinations to the group's domestic regulator, at least annually. For the purposes of this section, any person that is a direct or indirect owner of or subscriber in the risk retention group or is an officer, director of the risk retention group, or employee of such an owner and insured, unless some other position of the officer, director of the risk retention group, or an employee constitutes a material relationship, as contemplated by section 3901(a)(4)(E)(ii) of the Liability Risk Retention Act in effect as of January 1, 2016, is considered to be independent.

Source: SL 2016, ch 232, § 3.
S.D. Codified Laws § 58-12-26 — SD Code / Title 58 / Chapter 12 / Section 58-12-26
Insurer defined
Status: in_force

For the purposes of §§ 58-12-22 to 58-12-28 , inclusive, the term, insurer, means:

(1) Any commercial insurance company, employer-employee benefit plan, health maintenance organization, professional association, service benefit plan, public self-funded employer or pool, union, or fraternal group selling or otherwise offering individual or group health insurance coverage including self-insured and self-funded plans;

(2) Any profit or nonprofit prepaid plan offering either medical services of full or partial payment for services included in the department's medicaid plan;

(3) Any other entity offering health benefits for which a medicaid recipient may be eligible in addition to public medical assistance;

(4) Any managed care organization, third-party administrator, pharmacy benefits manager, or other entity which processes claims, administers services, or otherwise manages health benefits on behalf of any of the aforementioned insurers; or

(5) Any other party that is by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service including workers' compensation, automobile insurance, and liability insurance plans.

Source: SL 2005, ch 263, § 5; SL 2007, ch 286, § 3; SL 2021, ch 210, § 6.
S.D. Codified Laws § 58-18B-14 — SD Code / Title 58 / Chapter 18B / Section 58-18B-14
Rate changes only for small employer business
Status: in_force

Unless otherwise specified, nothing in this chapter requires a carrier to change any of its rates or rating methodologies for any business other than the small employer business subject to the provisions of this chapter.

Source: SL 1995, ch 281, § 7.
S.D. Codified Laws § 58-17-30 — SD Code / Title 58 / Chapter 17 / Section 58-17-30
Beneficiary--Changes reserved to insured
Status: in_force

There shall be a provision as follows: "Change of beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy."

The first clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the insurer's option.

Source: SL 1966, ch 111, ch 25, § 15.
S.D. Codified Laws § 58-5-143 — SD Code / Title 58 / Chapter 5 / Section 58-5-143
Disclosure of certain material transactions required--Filing a report
Status: in_force

Every insurer domiciled in this state shall file a report with the director disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance programs unless the acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance programs have been submitted to the director for review, approval, or information purposes pursuant to other provisions of the insurance code, laws, regulations, or other requirements. The report is due within fifteen days after the end of the calendar month in which any of the foregoing transactions occur. One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with:

(1) The insurance regulatory agency of the insurer's state of domicile; and

(2) The National Association of Insurance Commissioners.

Source: SL 1995, ch 275, § 1.
S.D. Codified Laws § 58-24-47 — SD Code / Title 58 / Chapter 24 / Section 58-24-47
Appeal to director from action of rating organization--Hearing--Order
Status: in_force

Any member or subscriber to a rating organization may appeal to the director from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization. The director shall, after a hearing held upon not less than ten days' written notice to the appellant and to the rating organization, issue an order approving the action or decision of the rating organization or, if the director finds that the action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings on behalf of its members and subscribers, in a manner consistent with the director's findings within a reasonable time after the issuance of the order.

Source: SL 1966, ch 111, ch 15, § 8; SL 2014, ch 239, § 13.
S.D. Codified Laws § 58-14-38 — SD Code / Title 58 / Chapter 14 / Section 58-14-38
Penalty for violation
Status: in_force

Any agent or broker, insurer or reinsurer found by the director, after a hearing conducted in accordance with chapter 1-26 , to be in violation of any provision of §§ 58-14-24 to 58-14-42 , inclusive, shall:

(1) For each separate violation, pay a penalty in an amount not exceeding five thousand dollars;

(2) Be subject to revocation or suspension of its license; and

(3) If a violation was committed by the agent or broker, the agent or broker shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation.

Source: SL 1992, ch 345, § 15.
S.D. Codified Laws § 58-35-8 — SD Code / Title 58 / Chapter 35 / Section 58-35-8
Articles of incorporation--Contents
Status: in_force

The articles of incorporation required by § 58-35-7 must state:

(1) The name of the corporation, which must include the words "farm mutual" and, if a county mutual insurer, the name of the county of its principal place of business;

(2) If a county mutual insurer, the name of the counties in which the corporation intends to do business and the address of its principal business office;

(3) If a state mutual insurer, the location of its principal business office, which must be located in this state;

(4) The purposes for which the corporation is formed;

(5) Whether the corporation will transact business on a cash premium plan or an assessment plan;

(6) The duration of the corporation's existence, which may be perpetual;

(7) The number of the corporation's directors, which may not be less than five nor more than fifteen, and the names and addresses of the persons constituting the initial board of directors who shall serve until the first annual meeting of the members, and until their successors are elected and qualified; and

(8) The names, residences, and addresses of the incorporators and the value of their property desired to be insured.

Source: SL 1966, ch 111, ch 17, § 8 (2); SL 2026, ch 202, § 1.
S.D. Codified Laws § 58-6A-18 — SD Code / Title 58 / Chapter 6A / Section 58-6A-18
Designation of director as agent for purchasing group--Exceptions
Status: in_force

The purchasing group shall register with and designate the director as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements do not apply in the case of a purchasing group:

(1) Which was domiciled before April 1, 1986, and is domiciled on and after October 27, 1986, in any state of the United States;

(2) Which before October 27, 1986, purchased insurance from an insurance carrier licensed in any state, and since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state;

(3) Which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and

(4) Which does not purchase insurance that was not authorized for purposes of an exemption under that act, as in effect before October 27, 1986.

Source: SL 1987, ch 372, § 18.
S.D. Codified Laws § 58-29A-91 — SD Code / Title 58 / Chapter 29A / Section 58-29A-91
Suspension or revocation of certificate of authority for failure to pay assessment or comply with plan--Fine as alternative
Status: in_force

The director may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the director may levy a fine on any member insurer which fails to pay an assessment when due. The fine may not exceed five percent of the unpaid assessment per month, except that no fine may be less than one hundred dollars per month.

Source: SL 2000, ch 247, § 38.
S.D. Codified Laws § 58-40-28 — SD Code / Title 58 / Chapter 40 / Section 58-40-28
Premiums held in trust by purchasing organization
Status: in_force

The organization shall hold all premiums received in trust and promptly remit premiums to the person entitled thereto.

Source: SL 1994, ch 382, § 7.
S.D. Codified Laws § 58-5-12 — SD Code / Title 58 / Chapter 5 / Section 58-5-12
Bond required of mutual insurer before soliciting applications for insurance--Filing by incorporators--Amount, conditions
Status: in_force

Before soliciting any applications for insurance as permitted under § 58-5-21 , the incorporators of the proposed insurer shall file with the director a continuing corporate surety bond in the penal sum of twenty - five thousand dollars, to be approved by the director, in favor of the state. The bond shall be conditioned as follows:

(1) For payment of costs incurred by the state in event of any legal proceedings for liquidation or dissolution of the corporation in the event the corporation fails to complete its organization and secure a certificate of authority within one year from the date of its certificate of incorporation; and

(2) For the prompt return to applicant members of all premiums collected in advance.

Source: SL 1966, ch 111, ch 16, § 10 (1).
S.D. Codified Laws § 58-39-14 — SD Code / Title 58 / Chapter 39 / Section 58-39-14
Annual statement of financial condition--Filing--Verification--Form and contents
Status: in_force

Every dental service corporation shall regularly on or before the first day of March file in the office of the director a statement verified by at least two of the principal officers of said corporation showing its condition on the preceding thirty - first day of December, which shall be in such form and shall contain such matters as the director shall prescribe.

Source: SL 1966, ch 111, ch 30, § 7.
S.D. Codified Laws § 58-4-42 — SD Code / Title 58 / Chapter 4 / Section 58-4-42
Hearings on director's orders
Status: in_force

Any insurer subject to an order under § 58-4-41 may request a hearing to review that order. The request shall be in writing and shall be made within ten days of the date of receipt of the order. The notice of hearing shall be served upon the insurer. Unless mutually agreed between the director and the insurer, the hearing shall occur not less than ten days nor more than thirty days after notice is served and shall be in Hughes County. The director shall hold all hearings under this section privately, unless the insurer requests a public hearing in which case the hearing shall be public.

Source: SL 1992, ch 339, § 4.
S.D. Codified Laws § 58-38-1 — SD Code / Title 58 / Chapter 38 / Section 58-38-1
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 corporations, so far as those provisions are applicable and are not inconsistent with the provisions of this chapter, a nonprofit medical and surgical service plan corporation for the purpose of establishing, maintaining, and operating a nonprofit medical and surgical plan, whereby medical and surgical service may be provided at the expense of said corporation by duly licensed physicians and surgeons, to such of the public as become subscribers to said corporation under a contract which entitles each subscriber to medical and professional 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, § 2.
S.D. Codified Laws § 58-18-4.3 — SD Code / Title 58 / Chapter 18 / Section 58-18-4.3
Association plan covering state residents to comply with state law
Status: in_force

An association plan based in this state or any other state shall follow all applicable South Dakota laws and administrative rules if the association plan covers South Dakota residents.

Source: SL 2019, ch 212, § 4.
S.D. Codified Laws § 58-33-88 — SD Code / Title 58 / Chapter 33 / Section 58-33-88
Health insurance for dependent child through noncustodial parent's insurer
Status: in_force

Any insurer subject to this chapter who is engaged in the business of health insurance is required in any case in which a dependent child has health insurance coverage through the insurer of the noncustodial parent to provide all information to the custodial parent as may be necessary for the child to obtain benefits provided by such coverage. The insurer shall accept and make direct payment on claims submitted by either the custodial parent, a provider who has received authorization from the custodial parent, or by the Department of Social Services if there is a valid order in effect for medical support for covered services rendered to a dependent child without approval or authorization of the noncustodial parent.

Source: SL 1994, ch 387, § 4.
S.D. Codified Laws § 58-17-159 — SD Code / Title 58 / Chapter 17 / Section 58-17-159
Qualifications of person performing or supervising applied behavior analysis
Status: in_force

Any person who performs or supervises applied behavior analysis shall:

(1) Be licensed by the South Dakota Board of Medical and Osteopathic Examiners or the Board of Examiners of Psychologists and have documented training and competence in applied behavior analysis; or

(2) Be licensed by the South Dakota Board of Social Workers as a licensed behavior analyst.

Source: SL 2015, ch 250, § 6; SL 2017, ch 212, § 2, eff. Jan. 1, 2018.
S.D. Codified Laws § 58-25-1 — SD Code / Title 58 / Chapter 25 / Section 58-25-1
Application of chapter
Status: in_force

This chapter applies to all kinds and classes of insurance which insure or guarantee titles to real or leasehold property or any estate therein, or against loss by reason of defects, encumbrances, liens, or charges on real or leasehold property or any estate therein; or which insure or guarantee the validity, priority and status of real and leasehold property liens and estates; or which insure or guarantee the correctness and sufficiency of searches for instruments, liens, charges or other matters affecting the title to real or leasehold property or any estate therein. Any person making such guarantees or issuing such insurance shall be deemed to be engaged in the business of title insurance and is hereinafter referred to as "insurer."

Source: SL 1966, ch 111, ch 14, § 1.
S.D. Codified Laws § 58-6A-1 — SD Code / Title 58 / Chapter 6A / Section 58-6A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board of directors" or "board," the governing body of the risk retention group as elected by the shareholders or members to establish policy, elect or appoint officers and committees, and make other governing decisions;

(2) "Completed operations liability," any liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by:

(a) Any person who performs installation, maintenance, or repair of any product; or

(b) Any person who hires an independent contractor to perform installation, maintenance, or repair of any product; but includes liability for activities which are completed or abandoned before the date of the occurrence giving rise to the liability;

(3) "Director," the insurance director of South Dakota or the commissioner, director, or superintendent of insurance in any other state;

(4) "Director of the risk retention group," an individual designated in the articles of the risk retention group, or designated, elected, or appointed by any other manner, name, or title to act as a director;

(5) "Domicile," for purposes of determining the state in which a purchasing group is domiciled:

(a) For a corporation, the state in which the purchasing group is incorporated; and

(b) For an unincorporated entity, the state of its principal place of business;

(6) "Hazardous financial condition," based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, which is unlikely to be able:

(a) To meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or

(b) To pay other obligations in the normal course of business;

(7) "Insurance," primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state;

(8) "Liability," legal liability for damages, including costs of defense, legal costs and fees, and other claims expenses because of injury to a person, damage to the person's property, or other damage or loss to any other person resulting from or arising out of any business, whether profit or nonprofit, trade, product, services, including professional services, premises or operations. It does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act (45 U.S.C. 51 et seq.);

(9) "Personal risk liability," liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, family or household responsibilities or activities, rather than from responsibilities or activities referred to in subdivision (8);

(10) "Plan of operation or a feasibility study," an analysis which presents the expected activities and results of a risk retention group including, at a minimum:

(a) For each state in which the risk retention group intends to operate, the coverages, deductibles, coverage limits, rates and rating classification systems for each line of insurance the group intends to offer;

(b) Historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;

(c) Pro forma financial statements and projections;

(d) Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;

(e) Identification of management, underwriting procedures, managerial oversight methods, investment policies, and reinsurance agreements;

(f) Information sufficient to verify that the risk retention group's members are engaged in businesses or activities similar or related with respect to the liability to which the members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;

(g) Identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each state; and

(h) Other matters as may be prescribed by the director, supervisor, or commissioner of the state in which the risk retention group is chartered for liability insurance companies authorized by the insurance laws of that state;

(11) "Product liability," liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred;

(12) "Purchasing group," any group which:

(a) Has as one of its purposes the purchase of liability insurance on a group basis;

(b) Purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in subsection (c) herein;

(c) Is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and

(d) Is domiciled in any state;

(13) "Risk retention group," any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands:

(a) Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of the group members;

(b) Which is organized for the primary purpose of conducting the activity described under subsection (a);

(c) Which is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance director of at least one state that it satisfied the capitalization requirements of such state, except that any such group shall be considered to be a risk retention group only if it has been engaged in business continuously since such date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability;

(d) Which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person;

(e) Which has as its members only persons who have an ownership interest in the group and which has as its owners only persons who are members who are provided insurance by the risk retention group; or has as its sole member and sole owner an organization which is owned by persons who are provided insurance by the risk retention group;

(f) Whose members are engaged in businesses or activities similar or related with respect to the liability of which such members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;

(g) Whose activities do not include the provision of insurance other than liability insurance for assuming and spreading all or any portion of the liability of its group members; and reinsurance with respect to the liability of any other risk retention group or any members of such other group which is engaged in businesses or activities so that such group or member meets the requirement described in subsection (f) from membership in the risk retention group which provides such reinsurance; and

(h) The name of which includes the term, risk retention group;

(14) "Service provider," any auditor, accountant, actuary, investment advisor, lawyer, managing general underwriter, or any other party responsible for underwriting, determination of rates, collection of premiums, adjusting and settling a claim, or the preparation of a financial statement. The term, lawyer, in this definition does not include defense counsel retained by the risk retention group to defend claims, unless the amount of fees paid to the lawyer is material as referenced in § 58-6A-3.2 ;

(15) "State," any state of the United States or the District of Columbia.

Source: SL 1987, ch 372, § 1; SL 2016, ch 232, § 2.
S.D. Codified Laws § 58-1-30.3 — SD Code / Title 58 / Chapter 1 / Section 58-1-30.3
Transmission of electronic documents by consent--Paper notification
Status: in_force

The paper form notification, as described in § 58-1-30.2 , must:

(1) Notify the covered employee or covered person that notices and documents for the group health plan will be posted to an internet site to which the covered employee or covered person will have reasonable access;

(2) Confirm the electronic mail address or smart device number to which notifications regarding notice and documents will be delivered by electronic means to the covered employee or person;

(3) Provide instructions for accessing notices or documents on the internet site;

(4) Provide the time period during which a specific type of notice or document delivered by electronic means will remain accessible;

(5) Advise the covered employee or covered person that a paper form of a notice or document may be requested free of charge and of the process to request a paper form;

(6) Advise the covered employee or covered person of the right to opt out of delivery by electronic means and the process to exercise that right free of charge; and

(7) Notify the covered employee or covered person of the hardware or software requirements needed to access or retain a notice or document from an internet site.

Source: SL 2023, ch 162, § 4.
S.D. Codified Laws § 58-17-63 — SD Code / Title 58 / Chapter 17 / Section 58-17-63
Health benefit plan defined
Status: in_force

For the purposes of §§ 58-17-64 , 58-18-63 , 58-38-36 , and 58-40-33 , a health benefit plan is any hospital or medical policy or certificate, hospital or medical service plan, or health maintenance organization subscriber contract. The term does not include specified disease, hospital indemnity, fixed indemnity, fixed duration of one year or less, accident - only, credit, dental, vision, medicare supplement, long - term care, or disability income insurance, coverage issued as a supplement to liability insurance, workers' compensation or similar insurance, or automobile medical payment insurance.

Source: SL 1994, ch 381, § 3.
S.D. Codified Laws § 58-29B-67 — SD Code / Title 58 / Chapter 29B / Section 58-29B-67
Preference--Avoidance by liquidator
Status: in_force

Any preference may be avoided by the liquidator if:

(1) The insurer was insolvent at the time of the transfer;

(2) The transfer was made within four months before the filing of the petition;

(3) The creditor receiving it or to be benefited thereby or his agent acting with reference thereto had, at the time when the transfer was made, reasonable cause to believe that the insurer was insolvent or was about to become insolvent; or

(4) The creditor receiving it was an officer, any employee, attorney, or other person who was in a position of comparable influence in the insurer to an officer whether or not he held such position, any shareholder holding directly or indirectly more than five percent of any class of any equity security issued by the insurer, or any other person, firm, corporation, association, or aggregation of persons with whom the insurer did not deal at arm's length.

Source: SL 1989, ch 436, § 67.
S.D. Codified Laws § 58-18-91 — SD Code / Title 58 / Chapter 18 / Section 58-18-91
Suspension or revocation of authorization of multiple employer trust--Action in lieu of suspension or revocation
Status: in_force

A multiple employer trust authorized under this chapter may have its authorization suspended or revoked by the director for violating any applicable provision of this title. The director may take action in lieu of suspension or revocation as though the trust were an insurer as provided by § 58-4-28.1 .

Source: SL 2005, ch 272, § 5; SL 2019, ch 212, § 9.
S.D. Codified Laws § 58-15-59.1 — SD Code / Title 58 / Chapter 15 / Section 58-15-59.1
Right of annuitant or purchaser to cancel after receipt of contract--Effect of cancellation
Status: in_force

Every individual annuity contract, excluding variable annuity contracts, issued for delivery in South Dakota on or after July 1, 1978, by an insurance company or fraternal benefit society, shall have printed on or attached to the annuity contract, a notice stating in substance that the person to whom the annuity contract is issued shall be permitted to return the annuity contract, with a written request for cancellation within ten days of its actual receipt by the purchaser, and to have the premium paid refunded if, after examination of the annuity contract, the purchaser is not satisfied with it for any reason. If annuitant or purchaser pursuant to the notice, returns the annuity contract to the company or fraternal benefit society at its home or branch office or to the insurance producer through whom it was purchased, it is void from the beginning and the parties are in the same position as if no annuity contract had been issued.

Source: SL 1978, ch 361, § 1; SL 2001, ch 286, § 111.
S.D. Codified Laws § 58-17B-12 — SD Code / Title 58 / Chapter 17B / Section 58-17B-12
Compliance with chapter prerequisite to advertisement, marketing, offer
Status: in_force

No policy may be advertised, marketed, or offered as long - term care or nursing facility insurance unless it complies with the provisions of this chapter.

Source: SL 1989, ch 440, § 13.
S.D. Codified Laws § 58-35-45 — SD Code / Title 58 / Chapter 35 / Section 58-35-45
Reinsurance corporation formed by insurers--Procedure
Status: in_force

Any number, not less than five, of farm mutual insurers organized under this chapter may form a corporation for the purpose of reinsuring the risks of the members, on the mutual plan. The insurers proposing to form such reinsurance company shall file with the director a declaration of their intention to form such a corporation, together with proposed articles of incorporation, substantially in the manner and form provided by §§ 58-35-7 to 58-35-9 , inclusive, which proposed articles of incorporation, and amendments thereof, shall be treated substantially in the manner and form provided by §§ 58-35-10 to 58-35-14 , inclusive. The bylaws of such reinsurance company shall contain provisions for the government of such company and the conduct of its business substantially in the manner and form provided by §§ 58-35-22 and 58-35-23 .

Source: SL 1966, ch 111, ch 17, § 32; SL 1976, ch 318.
S.D. Codified Laws § 58-17-77 — SD Code / Title 58 / Chapter 17 / Section 58-17-77
Temporary suspension of premium rates for individual health insurance--Reasons
Status: in_force

The director may suspend for a specified period the application of subdivision 58-17-74(2) as to the premium rates for one or more rating periods upon a filing by the carrier and a finding by the director either that the suspension is reasonable in light of the financial condition of the carrier or that the suspension would enhance the efficiency and fairness of the marketplace for individual health insurance.

Source: SL 1996, ch 286, § 12.
S.D. Codified Laws § 58-5-13 — SD Code / Title 58 / Chapter 5 / Section 58-5-13
Deposit by incorporators of mutual insurer in lieu of bond--Amount
Status: in_force

In lieu of such bond, such incorporators may deposit with the director twenty - five thousand dollars or United States government bonds, negotiable and payable to the bearer, with a market value at all times of not less than twenty - five thousand dollars, to be held in trust upon the same conditions as required for such bond.

Source: SL 1966, ch 111, ch 16, § 10 (2).
S.D. Codified Laws § 58-17F-2 — SD Code / Title 58 / Chapter 17F / Section 58-17F-2
Health benefit plan defined
Status: in_force

For the purposes of this chapter, the term, health benefit plan, means a policy, contract, certificate, or agreement entered into, offered, or issued by a health carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. The term includes short-term and catastrophic health insurance policies, and a policy that pays on a cost-incurred basis, except as otherwise specifically exempted in this definition.

The term does not include coverage only for accident, or disability income insurance, or any combination thereof; coverage issued as a supplement to liability insurance; liability insurance, including general liability insurance and automobile liability insurance; workers' compensation or similar insurance; automobile medical payment insurance; credit-only insurance; coverage for on-site medical clinics; and other similar insurance coverage, specified in federal regulations issued pursuant to Public Law No. 104-191, as amended to January 1, 2011, under which benefits for medical care are secondary or incidental to other insurance benefits.

The term does not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan: limited scope dental or vision benefits; benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; or other similar, limited benefits specified in federal regulations issued pursuant to Public Law No. 104-191, as amended to January 1, 2011.

The term does not include the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor: coverage only for a specified disease or illness; or hospital indemnity or other fixed indemnity insurance.

The term does not include the following if offered as a separate policy, certificate, or contract of insurance: medicare supplemental health insurance as defined under Section 1882(g)(1) of the Social Security Act, as amended to January 1, 2011; coverage supplemental to the coverage provided under Chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)), as amended to January 1, 2011; or similar supplemental coverage provided to coverage under a group health plan.

Commission Note: 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 2011, ch 219, § 89; SL 2021, ch 210, § 12.
S.D. Codified Laws § 58-26-33 — SD Code / Title 58 / Chapter 26 / Section 58-26-33
Reserve for workers' compensation claims under policies written more than three years preceding
Status: in_force

For all workers' compensation claims under policies written more than three years prior to the date as of which the statement is made, the reserve required by § 58-26-31 shall be the present value at four per cent interest of the determined and the estimated future payments.

Source: SL 1966, ch 111, ch 5, § 8 (3).
S.D. Codified Laws § 58-33-40 — SD Code / Title 58 / Chapter 33 / Section 58-33-40
Cease and desist order of director
Status: in_force

If, after a hearing thereon of which notice of the hearing and of the charges against him were given such person, the director of the Division of Insurance finds that any person in this state has engaged or is engaging in any act or practice defined in or prohibited under this chapter, the director may order the person to permanently cease and desist from the acts or practices.

Source: SL 1966, ch 111, ch 13, § 4 (1); SL 1985, ch 385, § 2.
S.D. Codified Laws § 58-1-20 — SD Code / Title 58 / Chapter 1 / Section 58-1-20
Prescription drug information card to be issued upon enrollment--Reissuance
Status: in_force

A health benefit plan shall issue a card or other technology required by § 58-1-19 upon enrollment. The card or technology shall be reissued upon any change in the insured's coverage that impacts data contained on the card or upon any change in the format adopted by the director of the Division of Insurance. However, the health benefit plan is not required to issue a new card or technology more often than once each calendar year. Newly issued cards or technology shall be updated with the latest coverage information and the director of the Division of Insurance shall consider the NCPDP standards then in effect and the implementation guide then in use.

Source: SL 2001, ch 266, § 2.
S.D. Codified Laws § 58-35-54 — SD Code / Title 58 / Chapter 35 / Section 58-35-54
Annual statement of affairs--Contents and filing
Status: in_force

The president and secretary of every insurer, on or before the first day of March of each year, shall prepare, affirm under oath, affix the corporate seal thereto, and file with the director, on forms furnished by the director, an annual statement as of December thirty - first of the preceding calendar year including:

(1) The names of the president and secretary;

(2) The date of the annual meeting;

(3) The amount of insurance in force;

(4) The number of members;

(5) The number of assessments made during the year;

(6) The amount paid in losses during the year;

(7) The amount of the losses claimed and not paid, with the reason for nonpayment;

(8) The number of members cancelled or nonrenewed during the year;

(9) The number of new members admitted during the year;

(10) The expenses during the year;

(11) The amount of money on hand;

(12) The amount and character of the insurer's assets;

(13) The amount of the insurer's liabilities; and

(14) Such other information as the director may require.

Source: SL 1966, ch 111, ch 17, § 21 (1); SL 2004, ch 297, § 5.
S.D. Codified Laws § 58-7-10 — SD Code / Title 58 / Chapter 7 / Section 58-7-10
Deposits of reserves of domestic life insurer--Assets comprising--Holding for common benefit of policyholders and annuity contracts
Status: in_force

Deposits of the reserves of a domestic life insurer shall consist of securities and assets permitted for investment by chapter 58-27 . Deposits of reserves made by domestic life insurers shall be held for the common benefit of all the holders of its life insurance policies and annuity contracts.

Source: SL 1966, ch 111, ch 7, §§ 3 (3), 4 (3).
S.D. Codified Laws § 58-38-36 — SD Code / Title 58 / Chapter 38 / Section 58-38-36
Minimum loss ratio for small employer health benefit plans
Status: in_force

Premium rates for small employer health benefit plans shall produce a minimum lifetime loss ratio of not less than seventy - five percent. The director may promulgate rules pursuant to chapter 1-26 which modify the minimum loss ratio required based upon the specific plan design or other objective and pertinent criteria.

Source: SL 1994, ch 381, § 1.
S.D. Codified Laws § 58-24-12 — SD Code / Title 58 / Chapter 24 / Section 58-24-12
Satisfaction of insurer's obligations by becoming member of or subscriber to licensed rating organization
Status: in_force

An insurer may satisfy its obligation to make filings pursuant to this chapter by:

(1) Becoming a member of, or a subscriber to, a licensed rating organization that makes filings; and

(2) Authorizing the director to accept filings on its behalf.

Nothing contained in this chapter may be construed as requiring any insurer to become a member of or a subscriber to any rating organization.

Source: SL 1966, ch 111, ch 15, § 4 (2); SL 2014, ch 239, § 1.
S.D. Codified Laws § 58-18A-53 — SD Code / Title 58 / Chapter 18A / Section 58-18A-53
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Birthday," refers only to a month and day in a calendar year and does not include the year in which the person was born;

(2) "Claim," a request that benefits of a plan be provided or paid. The benefits claimed may be in the form of:

(a) Services (including supplies);

(b) Payment for all or a portion of the expenses incurred; and

(c) An indemnification.

(3) "Closed panel plan," a plan that provides health benefits to covered persons primarily in the form of services through a panel of providers that have contracted with or are employed by the plan and that excludes benefits for services provided by other providers, except in cases of emergency or referral by a panel member;

(4) "Consolidated Omnibus Budget Reconciliation Act of 1985" or "COBRA," coverage provided under a right of continuation pursuant to federal law;

(5) "Coordination of benefits" or " COB," a provision establishing an order in which plans pay their claims, and permitting secondary plans to reduce their benefits so that the combined benefits of all plans do not exceed total allowable expenses;

(6) "Custodial parent," the parent awarded custody of a child by a court decree, or in the absence of a court decree, the parent with whom the child resides more than one half of the calendar year without regard to any temporary visitation;

(7) "Group-type contract," a contract that is not available to the general public and is obtained and maintained only because of membership in or a connection with a particular organization or group, including blanket coverage. The term does not include an individually underwritten and issued guaranteed renewable policy even if the policy is purchased through payroll deduction at a premium savings to the insured since the insured would have the right to maintain or renew the policy independently of continued employment with the employer;

(8) "High-deductible health plan," the meaning given the term under section 223 of the Internal Revenue Code of 1986, as amended by the Medicare Prescription Drug, Improvement and Modernization Act of 2003;

(9) "Hospital indemnity benefits," benefits not related to expenses incurred. The term does not include reimbursement-type benefits even if they are designed or administered to give the insured the right to elect indemnity-type benefits at the time of claim;

(10) "Policyholder," the primary insured named in a nongroup insurance policy;

(11) "Primary plan," a plan whose benefits for a person' s health care coverage must be determined without taking the existence of any other plan into consideration. A plan is a primary plan if the plan either has no order of benefit determination rules, or its rules differ from those permitted by §§ 58-18A-53 to 58-18A-83 , inclusive; or all plans that cover the person use the order of benefit determination rules required by §§ 58-18A-53 to 58-18A-83 , inclusive, and under those rules the plan determines its benefits first;

(12) "Secondary plan," a plan that is not a primary plan.

Source: SL 2006, ch 259, § 1.
S.D. Codified Laws § 58-29D-32 — SD Code / Title 58 / Chapter 29D / Section 58-29D-32
Immediate suspension of license--No notice required
Status: in_force

The director may, in his discretion and without advance notice of hearing thereon, immediately suspend the certificate of any administrator if the director finds that one or more of the following circumstances exist:

(1) The administrator is insolvent or impaired;

(2) A proceeding for receivership, conservatorship, rehabilitation, or other delinquency proceeding regarding the administrator has been commenced in any state;

(3) The financial condition or business practices of the administrator otherwise pose an imminent threat to the public health, safety, or welfare of the residents of this state.

Source: SL 1992, ch 352, § 32.
S.D. Codified Laws § 58-30-201 — SD Code / Title 58 / Chapter 30 / Section 58-30-201
Rental car company as limited lines insurance producer--License requirements
Status: in_force

A rental car company may apply to be licensed as a limited lines insurance producer under the terms of §§ 58-30-197 to 58-30-208 , inclusive, if it satisfies all of the requirements of §§ 58-30-197 to 58-30-208 , inclusive, and if it files the following documents with the director:

(1) A written application for licensure, signed by the applicant or by an officer of the applicant, in the form or format prescribed by the director that includes a listing of all locations at which the rental car company intends to offer, sell, or solicit rental car insurance;

(2) A certificate, by the insurer that is to be named in the rental car agent license, stating that the insurer has satisfied itself that the named applicant is trustworthy and competent to act as its rental car agent limited to this purpose; that the insurer has reviewed the endorsee training and education program required by § 58-30-203 and believes that it satisfies the statutory requirements; and that the insurer will appoint the applicant to act as its rental car agent to offer, sell, or solicit rental car insurance if the license for which the applicant is applying is issued by the director. The certification shall be subscribed by an officer or managing agent of the insurer on a form or format prescribed by the director.

Source: SL 2001, ch 272, § 5; SDCL § 58-9-38; SL 2010, ch 233, § 2.
S.D. Codified Laws § 58-26-46 — SD Code / Title 58 / Chapter 26 / Section 58-26-46
Annual opinion of qualified actuary required--Promulgation of rules
Status: in_force

Any life insurance company doing business in this state shall annually submit the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the director are computed appropriately, are based on assumptions which satisfy contractual provisions, are consistent with prior reported amounts and comply with applicable laws of this state. The director shall promulgate rules pursuant to chapter 1-26 to specify the policies and contracts for which an opinion is required and to define the specifics of this opinion and add any other items deemed to be necessary to its scope.

Source: SL 1995, ch 284, § 2.
S.D. Codified Laws § 58-4A-15 — SD Code / Title 58 / Chapter 4A / Section 58-4A-15
Limitations of chapter
Status: in_force

The provisions of this chapter do not:

(1) Preempt the authority or relieve the duty of any other law enforcement agency to investigate, examine, and prosecute suspected violations of law;

(2) Prevent or prohibit a person from voluntarily disclosing any information concerning insurance fraud to any law enforcement agency;

(3) Limit any of the powers granted elsewhere by the laws of this state to the director of insurance or the Division of Insurance to investigate and examine possible violations of law and to take appropriate action; or

(4) Limit any of the powers granted elsewhere by the laws of this state to any state agency to investigate and examine possible violations of law and to take appropriate action.

Source: SL 1999, ch 241, § 15.
S.D. Codified Laws § 58-40-10.2 — SD Code / Title 58 / Chapter 40 / Section 58-40-10.2
Benefits provided under alcoholism coverage--Maximum treatment periods permitted
Status: in_force

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

Source: SL 1979, ch 344, § 10.
S.D. Codified Laws § 58-5A-24 — SD Code / Title 58 / Chapter 5A / Section 58-5A-24
Report of changes required of registered insurer
Status: in_force

Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on forms provided by the division on or before the fifteenth day of the following month in which it learns of each such change or addition.

Source: SL 1972, ch 267, § 18.
S.D. Codified Laws § 58-4A-16 — SD Code / Title 58 / Chapter 4A / Section 58-4A-16
Annual report to Legislature--Contents
Status: in_force

The Division of Insurance shall annually report to the Legislature concerning the activities of the insurance fraud prevention unit including the number, type, and outcome of cases investigated, the number and type of cases that have been pending without final action for more than twelve months, and the costs and expenditures incurred during such investigations.

Source: SL 1999, ch 241, § 16; SL 2006, ch 250, § 2.
S.D. Codified Laws § 58-30-215.2 — SD Code / Title 58 / Chapter 30 / Section 58-30-215.2
Travel insurance rates and policy forms--Eligibility, underwriting, distribution, and marketing
Status: in_force

Notwithstanding any other provision of this title, travel insurance must be classified and filed for purposes of rates and forms under an inland marine line of insurance, provided that travel insurance coverages for sickness, accident, disability or death occurring during travel, either exclusively, or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.

Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, if those standards also meet the state’s underwriting standards for inland marine.

Source: SL 2022, ch 185, § 8.
S.D. Codified Laws § 58-29B-7 — SD Code / Title 58 / Chapter 29B / Section 58-29B-7
Venue of proceedings
Status: in_force

Any action authorized in this chapter shall be brought in the circuit court of Hughes County.

Source: SL 1989, ch 436, § 7.
S.D. Codified Laws § 58-17-29 — SD Code / Title 58 / Chapter 17 / Section 58-17-29
Action to recover under policy--Time for beginning
Status: in_force

There shall be a provision as follows: "Legal actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three years after the written proof of loss is required to be furnished."

Source: SL 1966, ch 111, ch 25, § 14.
S.D. Codified Laws § 58-29B-72 — SD Code / Title 58 / Chapter 29B / Section 58-29B-72
Transfer not perfected prior to filing of petition deemed made before filing of successful petition
Status: in_force

A transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition.

Source: SL 1989, ch 436, § 72.
S.D. Codified Laws § 58-22-37 — SD Code / Title 58 / Chapter 22 / Section 58-22-37
Signing or countersigning of bond in blank by bail bondsman prohibited, exception
Status: in_force

A bail bondsman shall not sign nor countersign in blank any bond, nor shall he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman and the power of attorney is filed and approved by the director.

Source: SL 1966, ch 111, ch 31, § 18; SL 1967, ch 137.
S.D. Codified Laws § 58-5-19 — SD Code / Title 58 / Chapter 5 / Section 58-5-19
Trust deposit of premiums or fees collected by mutual insurer on qualifying applications
Status: in_force

All sums collected by a proposed mutual insurer as premiums or fees on qualifying applications for insurance shall be deposited in trust in a bank or trust company in this state under a trust agreement consistent with § 58-5-25 and with subdivision 58-5-18(3). The corporation shall file an executed copy of such agreement with the director of insurance.

Source: SL 1966, ch 111, ch 16, § 12 (1).
S.D. Codified Laws § 58-24-42 — SD Code / Title 58 / Chapter 24 / Section 58-24-42
Order affirming action of rating organization
Status: in_force

If, after the hearing held pursuant to § 58-24-41 , the director finds that the action of the rating organization was justified, the director shall issue an order affirming its action.

Source: SL 1966, ch 111, ch 15, § 6 (2); SL 2014, ch 239, § 9.
S.D. Codified Laws § 58-40-38 — SD Code / Title 58 / Chapter 40 / Section 58-40-38
Application--Exemptions
Status: in_force

The provisions of § 58-40-37 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 § 58-1-23 — SD Code / Title 58 / Chapter 1 / Section 58-1-23
Director to enforce provisions--Promulgation of rules
Status: in_force

The director of insurance shall enforce the provisions of §§ 58-1-19 to 58-1-23 , inclusive. The director of insurance may promulgate rules pursuant to chapter 1-26 to establish the format and elements of information for the uniform information card or technology to be used in the state following the standards established in §§ 58-1-19 and 58-1-20 .

Source: SL 2001, ch 266, § 5.
S.D. Codified Laws § 58-11-9.6 — SD Code / Title 58 / Chapter 11 / Section 58-11-9.6
Subrogation of insurer--Assignment of judgment--Liability issuer allowed to pay limits under policy
Status: in_force

The issuer of the underinsured motorist coverage is subrogated to any amounts the insurer so pays and, upon payment, has an assignment of the judgment against the other party to the extent of the money paid. Refusal of the issuer of the underinsured motorist coverage to waive its statutory right of subrogation does not constitute bad faith. A liability insurer may pay the limits of the liability policy it issued without obtaining a complete release on behalf of its insured. Such payment does not abrogate any continuing duty to defend and does not constitute bad faith.

Source: SL 1975, ch 315, § 3; SL 1988, ch 395; SL 1989, ch 425.
S.D. Codified Laws § 58-34-29 — SD Code / Title 58 / Chapter 34 / Section 58-34-29
Advisory committee--Qualifications of members
Status: in_force

Not less than two - thirds of the advisory committee of a domestic reciprocal insurer shall be subscribers other than the attorney, or any person employed by, representing, or having a financial interest in the attorney.

Source: SL 1966, ch 111, ch 19, § 20 (2).
S.D. Codified Laws § 58-22-46 — SD Code / Title 58 / Chapter 22 / Section 58-22-46
Validity of undertaking entered into on Sunday or holiday
Status: in_force

No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside, or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, or because the undertaking was entered into on Sunday or other holiday, if it appears from the tenor of the undertaking before what magistrate or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.

Source: SL 1966, ch 111, ch 31, § 3.
S.D. Codified Laws § 58-37A-24 — SD Code / Title 58 / Chapter 37A / Section 58-37A-24
Exemption from certain taxes
Status: in_force

Every society organized or licensed under this chapter is a charitable and benevolent institution for the purposes of this chapter, and all of its funds are exempt from all and every state, county, district, municipal, and school tax, other than sales taxes, use taxes, and taxes on real estate and office equipment.

Source: SL 1990, ch 410, § 24.
S.D. Codified Laws § 58-17H-22 — SD Code / Title 58 / Chapter 17H / Section 58-17H-22
Health carrier oversight of delegated activities--Requirements
Status: in_force

If a health carrier delegates any utilization review activities to a utilization review organization, the health carrier shall maintain adequate oversight, which shall include:

(1) A written description of the utilization review organization's activities and responsibilities, including reporting requirements;

(2) Evidence of formal approval of the utilization review organization program by the health carrier; and

(3) A process by which the health carrier evaluates the performance of the utilization review organization.

Source: SL 2011, ch 219, § 47.