reglab/housing_qa huggingface dataset:
SD Codified L § 58-47-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-13 - Notice and correspondence requirements.

58-47-13. Notice and correspondence requirements.If any notice or correspondence with respect to a policy of portable electronics insurance is required, the notice or correspondence shall be in writing and mailed within any notice period specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other law, any notice or correspondence may be mailed by postal or electronic means. If the notice or correspondence is mailed through any postal service, the notice or correspondence shall be sent to the vendor of portable electronics at the vendor's mailing address specified for that purpose and to its affected enrolled customer's last known mailing address on file with the insurer. Either the insurer or vendor of portable electronics shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or any other commercial mail delivery service. If the notice or correspondence is mailed by electronic means, the notice or correspondence shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for that purpose and to its affected enrolled customer's last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics. An enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics is deemed to be consent to receive notice or correspondence by electronic means so long as a disclosure is provided to the customer within a reasonable time following purchase of the portable electronics. The insurer or vendor of portable electronics shall maintain proof that any notice or correspondence was electronically mailed to an enrolled customer. Notice or correspondence may be sent on behalf of any insurer or vendor, by the supervising entity appointed by the insurer. Source: SL 2012, ch 251, §13; SL 2017, ch 215, §2.
SD Codified L § 58-47-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-14 - Term of portable electronics license--Renewal.

58-47-14. Term of portable electronics license--Renewal.A portable electronics license issued under this chapter is valid for one year unless suspended or revoked by the division. A license may be renewed upon expiration for another one-year period upon application of the vendor and payment of the fees as set forth in §58-2-29. Source: SL 2012, ch 251, §14.
SD Codified L § 58-47-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-15 - Penalties for violation of chapter.

58-47-15. Penalties for violation of chapter.If a vendor of portable electronics or its employee or authorized representative violates any provision of this chapter, the director may do any of the following:(1)After notice and hearing, impose penalties permitted under this section that the director deems necessary and reasonable to carry out the purpose of this chapter, including, but not limited to:(a)Suspending or revoking the privilege of transacting portable electronics insurance pursuant to this chapter at specific business locations where violations have occurred; and(b)Suspending or revoking the ability of individual employees or authorized representatives to act under the license;(2)Permit an applicant or licensee to elect in writing to pay a specified money penalty within a specified time in lieu of a license suspension or other permitted action. The money penalty may not exceed five hundred dollars per violation or five thousand dollars in aggregate. Source: SL 2012, ch 251, §16.
SD Codified L § 58-47-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-16 - Application for license.

58-47-16. Application for license.An application for a license under this chapter shall be made to and filed with the director on forms prescribed and furnished by the director. The application shall provide:(1)The name, residence address, and other information required by the director for an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this chapter; and(2)The location of the applicant's home office.Any vendor engaging in portable electronics insurance transactions on or before July 1, 2012 must apply for licensure within ninety days of the application being made available by the director. Any applicant commencing operations after July 1, 2012 must obtain a portable electronics license prior to offering portable electronics insurance. Source: SL 2012, ch 251, §17.
SD Codified L § 58-48-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-1 - Definitions.

58-48-1. Definitions. Terms used in this chapter mean:(1)"Applicant," a person applying for an insurance innovation waiver;(2)"Consumer," a person that purchases or otherwise enters into a transaction or agreement to receive an innovative insurance product or service that is being tested by a participant;(3)"Innovation," the use or incorporation of a new or emerging technology or a new use of existing technology, including blockchain technology, to address a problem, provide a benefit, or otherwise offer a product, service, business model, or delivery mechanism that is not known by the division to have a comparable widespread offering in the state;(4)"Innovative insurance product or service," an insurance product or service that includes an innovation;(5)"Insurance product or service," an insurance product or insurance service that requires state licensure, registration, or other authorization under this title, including an insurance product or insurance service that includes a business model, delivery mechanism, or element that requires a license, registration, or other authorization to do insurance business, act as an insurance producer, or otherwise requires division approval;(6)"Insurance innovation waiver" or "waiver," a document issued pursuant to this chapter that allows a person to temporarily test an innovative insurance product or service on a limited basis without otherwise being licensed or authorized to act under the laws of the state or in full compliance with the provisions of this title;(7)"Participant," an applicant whose application for a waiver is granted in accordance with this chapter; and(8)"Test," to provide an innovative insurance product or service in accordance with a granted waiver. Source: SL 2021, ch 214, § 1.
SD Codified L § 58-48-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-2 - Grounds for innovation waiver.

58-48-2. Grounds for innovation waiver. Subject to §§ 58-48-3 to 58-48-5, inclusive, the director may grant an insurance innovation waiver with respect to requirements imposed by any insurance law, regulation, or bulletin to enable a person to obtain limited access to the insurance market in this state to test an innovative insurance product or service without obtaining a license or other authorization that might otherwise be required or without coming into full compliance with any insurance law, regulation, or bulletin. To receive a waiver, an applicant shall demonstrate to the director's satisfaction that:(1)The application of the law, regulation, or bulletin would inhibit the introduction of an innovative or more efficient insurance product or service that the applicant intends to test during the period for which the proposed waiver is granted;(2)The public policy goals of the law, regulation, or bulletin will be or have been achieved by other means;(3)The waiver will not unreasonably increase risk to consumers or create unreasonable unfair competition in the insurance market; and(4)The waiver is in the public interest. Source: SL 2021, ch 214, § 2.
SD Codified L § 58-48-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-3 - Waiver not to restrict policyholder recovery or restrict director's authority.

58-48-3. Waiver not to restrict policyholder recovery or restrict director's authority. The authority granted to the director under this chapter may not be construed to allow the director to grant a waiver that would abridge the recovery rights of policyholders and may not be interpreted to limit or otherwise affect the authority of the director to exercise discretion to waive or enforce requirements as permitted under any other requirement of this title, any regulation, or any bulletin. The waiver may not be construed to waive any requirements except those which inhibit the introduction of the innovative insurance product or service as addressed in the innovation waiver document. Source: SL 2021, ch 214, § 3.
SD Codified L § 58-48-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-4 - Limited scope of waiver.

58-48-4. Limited scope of waiver. 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 58-18B 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.
SD Codified L § 58-48-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-6 - Application review--Additional information required.

58-48-6. Application review--Additional information required. In addition to § 58-48-5, an applicant shall provide any additional information that the director determines is necessary, including proof of sufficient assets, accounts, liability coverage, surety bond coverage or other preparation by the applicant to ensure that consumers are protected, evidence that the applicant will be able to cover ongoing duties when the testing period terminates or terminates early, prior industry ratings, and past performance of the applicant. An applicant's failure to provide any information requested by the director forfeits the application for a waiver. The director may require the applicant to retain independent consultants to determine the accuracy of any information submitted by the applicant at the applicant's expense. Source: SL 2021, ch 214, § 6.
SD Codified L § 58-48-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-7 - Grant or denial of waiver--Duration of waiver--Waiver deemed authority to act.

58-48-7. Grant or denial of waiver--Duration of waiver--Waiver deemed authority to act. The director shall grant or deny a waiver within ninety days after the director determines the applicant's waiver application to be complete. The director and the applicant may mutually agree to extend the ninety-day period. The director may deny a waiver application at the director's discretion based on the division's analysis of the application. The director's discretionary decision to grant or deny a waiver is not appealable and not subject to chapter 1-26. The director may grant a waiver for a period that may not exceed twenty-four months. A participant receiving a waiver has appropriate authority under the laws of this state to act for the purposes of any provision of federal law requiring state licensure or authorization and is not subject to chapter 58-8 for acts taken in compliance with a waiver. Source: SL 2021, ch 214, § 7.
SD Codified L § 58-48-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-8 - Conditions on innovation waiver.

58-48-8. Conditions on innovation waiver. An insurance innovation waiver shall be issued by the director in writing that limits the number of consumers in this state that may purchase or utilize the underlying insurance product or service to no more than twenty thousand consumers and specifies any terms, conditions, and limitations that the director considers appropriate, including:(1)Limits on the amount of premium that may be written in relation to the innovative product or service;(2)Liability coverage requirements and minimum financial reserve requirements that the applicant must meet during the testing of the innovative insurance product or service; and(3)Regular or additional reporting on any aspect of the innovative insurance product or service during the test, including financial results and consumer information.Conditions issued under this section do not restrict a person who holds a license or authorization in another jurisdiction from acting in accordance with that license or authorization in that jurisdiction. Source: SL 2021, ch 214, § 8.
SD Codified L § 58-48-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-9 - Waiver participants--Deposit or bond.

58-48-9. Waiver participants--Deposit or bond. A participant may be required to make a deposit of cash or marketable securities in the manner provided under chapter 58-7 and in amounts, conditions, and for such purposes as the director determines necessary for the protection of consumers. The deposit required by this section may be refunded when the waiver has expired or if the director is satisfied that consumer claims have been satisfied, whichever is later. In lieu of a deposit, the director may accept a bond in an amount and with such conditions as the director determines is necessary for the protection of consumers. Source: SL 2021, ch 214, § 9.
SD Codified L § 58-48-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-10 - Consumer disclosures--Digital disclosure receipts.

58-48-10. Consumer disclosures--Digital disclosure receipts. Disclosures must be provided to consumers by a participant before providing an innovative insurance product or service in clear and conspicuous form disclosing the following:(1)The name and contact information of the participant;(2)That the innovative insurance product or service is authorized pursuant to a waiver;(3)That the participant does not have a license or other authorization to provide an insurance product or service under state laws that regulate insurance products or services outside a waiver, if applicable;(4)That the innovative insurance product or service may not function as intended and may expose the consumer to financial risk;(5)That the participant is not immune from civil liability for any losses or damages caused by the innovative insurance product or service;(6)That the innovative insurance product or service is not covered by any guaranty association if the participant becomes unable to pay claims;(7)That the state does not endorse or recommend the innovative insurance product or service;(8)That the innovative insurance product or service is a temporary test that may be discontinued at the termination of the testing period;(9)The expected termination date of the testing period; and(10)That a consumer may contact the division to file a complaint regarding the innovative insurance product or service being tested and provide the division's telephone number and website address where a complaint may be filed.The director may require additional disclosures for the protection of consumers. A digital receipt from a consumer acknowledging the disclosures is required if the disclosures are delivered through an internet or application-based platform. Source: SL 2021, ch 214, § 10.
SD Codified L § 58-48-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-11 - Public notice of granted waiver.

58-48-11. Public notice of granted waiver. 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.
SD Codified L § 58-48-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-12 - Record keeping by participants.

58-48-12. Record keeping by participants. The director shall establish reporting requirements for each participant, including information about consumer complaints. A participant shall retain records, documents, and data produced in the course of business regarding an innovative insurance product or service subject to a waiver for a period of five years after the waiver has terminated.A participant shall make its records, documents, and data available for inspection by the director immediately upon request. Nothing in this chapter limits the director's authority to examine applicants or participants in accordance with chapter 58-3. Source: SL 2021, ch 214, § 12.
SD Codified L § 58-48-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-13 - Termination of waivers.

58-48-13. Termination of waivers. If a participant tests an innovative insurance product or service requiring ongoing duties after the termination date of a waiver, the participant shall continue to fulfill those duties or arrange for another person to fulfill those duties after the date the waiver terminates. At the termination of the testing period provided by a waiver, the participant shall immediately stop offering all innovative insurance products or services being tested. The participant shall submit a final report showing test results in a form and manner prescribed by the director within sixty days of waiver termination. Source: SL 2021, ch 214, § 13.
SD Codified L § 58-48-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-14 - Termination for failure--Termination by director.

58-48-14. Termination for failure--Termination by director. If an innovative insurance product or service fails before the termination of a testing period as provided in an applicable waiver, the participant shall immediately notify the director and report on actions taken by the participant to ensure consumers have not been harmed as a result of the failure.The director may terminate an insurance innovation waiver for cause and with reasonable notice to the participant. Nothing in this chapter restricts the director's application of chapters 58-4 and 58-29B as regards participants. Source: SL 2021, ch 214, § 14.
SD Codified L § 58-48-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-15 - No guaranty association coverage for waivers.

58-48-15. No guaranty association coverage for waivers. A participant under this chapter is not a member insurer of any guaranty association created under title 58 unless the participant is or becomes a licensed insurer in this state pursuant to title 58 and otherwise qualifies as a member insurer under the applicable guaranty association statutes. Source: SL 2021, ch 214, § 15.
SD Codified L § 58-48-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 48 - Insurance Innovation Waivers|Section 58-48-16 - Confidentiality of waiver application and materials.

58-48-16. Confidentiality of waiver application and materials. Documents, materials, or other information in the possession of the division that are obtained by or disclosed to the director or any other person in the course of an insurance innovation waiver under this chapter are confidential by law and privileged; are not subject to open records, freedom of information, sunshine, or other related laws; are not subject to subpoena; and are not subject to discovery or admissible in evidence in any private civil action.The director may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the director's official duties. The director may not otherwise make the documents, materials, or other information public without the prior written consent of the person, applicant, or participant to which it pertains.This section does not apply to information about granted waivers published by the director pursuant to § 58-48-11. Nothing in this section may be construed to modify the ability of a consumer to discover information in pursuit of a claim against a participant. Source: SL 2021, ch 214, § 16.
SD Codified L § 59-1-1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 01 - Definition And Kinds Of Agency|Section 59-1-1 - Agency defined.

59-1-1. Agency defined.Agency is the representation of one called the principal by another called the agent in dealing with third persons. Source: CivC 1877, §1337; CL 1887, §3960; RCivC 1903, §1656; RC 1919, §1234; SDC 1939, §3.0101.
SD Codified L § 59-1-2 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 01 - Definition And Kinds Of Agency|Section 59-1-2 - Agents--General or special.

59-1-2. Agents--General or special.An agent for a particular act or transaction is a special agent; all others are general agents. Source: CivC 1877, §1339; CL 1887, §3962; RCivC 1903, §1658; RC 1919, §1236; SDC 1939, §3.0102.
SD Codified L § 59-1-3 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 01 - Definition And Kinds Of Agency|Section 59-1-3 - Authority construed by specific rather than general terms.

59-1-3. Authority construed by specific rather than general terms.If authority is given partly in general and partly in specific terms no higher powers than those specifically mentioned are given. Source: CivC 1877, §1360; CL 1887, §3983; RCivC 1903, §1679; RC 1919, §1261; SDC 1939, §3.0102.
SD Codified L § 59-1-4 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 01 - Definition And Kinds Of Agency|Section 59-1-4 - Actual agency.

59-1-4. Actual agency.Agency is actual when the principal appoints the agent. Source: CivC 1877, §1341; CL 1887, §3964; RCivC 1903, §1660; RC 1919, §1238; SDC 1939, §3.0103.
SD Codified L § 59-1-5 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 01 - Definition And Kinds Of Agency|Section 59-1-5 - Ostensible agency.

59-1-5. Ostensible agency.Agency is ostensible when by conduct or want of ordinary care the principal causes a third person to believe another, who is not actually appointed, to be his agent. Source: CivC 1877, §1342; CL 1887, §3965; RCivC 1903, §1661; RC 1919, §1239; SDC 1939, §3.0103.
SD Codified L § 59-2-1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 02 - Creation Of Agency|Section 59-2-1 - Capacity to create.

59-2-1. Capacity to create.Any person with capacity to contract may create an agency and confer authority on any other person to do any act which he might do excepting acts to which he is bound to give personal attention. Source: CivC 1877, §§1338, 1343; CL 1887, §§3961, 3966; RCivC 1903, §§1657, 1662; RC 1919, §§1235, 1244; SDC 1939, §3.0104.