reglab/housing_qa huggingface dataset:
SD Codified L § 58-4A-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-12 - Records and files confidential--Investigator not subject to subpoena in civil matter--Exceptions.

58-4A-12. Records and files confidential--Investigator not subject to subpoena in civil matter--Exceptions.All investigative records and files of the insurance fraud prevention unit are confidential. The investigative records of the insurance fraud prevention unit may not be released except pursuant to a court order. An investigator is not subject to subpoena in civil actions concerning any matter of which the investigator has knowledge regarding a pending insurance fraud investigation by the division, unless so ordered by the court. Source: SL 1999, ch 241, §12.
SD Codified L § 58-4A-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-13 - Immunity for persons furnishing information in good faith--Costs assessed against person acting not in good faith--Other privileges and immunities not abrogated.

58-4A-13. Immunity for persons furnishing information in good faith--Costs assessed against person acting not in good faith--Other privileges and immunities not abrogated.Any person acting in good faith is immune from civil liability for filing a report with or for furnishing any information relating to suspected, anticipated, or completed fraudulent insurance acts to:(1)The Department of Labor and Regulation and the director of insurance;(2)Any governmental agency established to detect and prevent fraud;(3)Law enforcement officials;(4)Deleted by SL 2011, ch 1 (Ex. Ord. 11-1), §162;(5)Any insurer or insurance producer;(6)The National Association of Insurance Commissioners; and(7)Any nonprofit organization established to detect and prevent insurance fraud, if the organization is approved by the director pursuant to rules promulgated by the director under chapter 1-26 setting forth the standards, criteria, and procedures necessary to obtain approval.If a civil action is commenced against a person for damages related to the filing of a report or the furnishing of information under this section and the court determines that the person acted in good faith in filing the report or furnishing the information, the person filing the report or furnishing the information may recover costs or disbursements under chapter 15-17, including reasonable attorney's fees.If the trier of fact concludes that the person filing the report or furnishing the information was not acting in good faith, the person filing a civil action may recover costs or disbursements under chapter 15-17, including reasonable attorney's fees.This section does not abrogate or modify in any way any common law or statutory privilege or immunity. Source: SL 1999, ch 241, §13; SL 2001, ch 286, §68; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 58-4A-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-14 - Insurance fraud prevention unit fund--Assessment of insurers--Conditions--Failure to pay as grounds for administrative action.

58-4A-14. Insurance fraud prevention unit fund--Assessment of insurers--Conditions--Failure to pay as grounds for administrative action.The Division of Insurance shall assess each insurer holding a certificate of authority to transact the business of insurance in this state a fee of two hundred fifty dollars to be remitted and payable to the Division of Insurance to be deposited in a separate account, entitled the insurance fraud prevention unit fund. The Division of Insurance may not make an assessment until the fund falls below one hundred thousand dollars. If the fund falls below one hundred thousand dollars, the Division of Insurance shall notify each insurer of its payment obligation. Upon receipt of the notice of assessment from the Division of Insurance each insurer shall immediately make a two hundred fifty dollar payment to the fund. Failure of an insurer to submit full payment of the assessment to the division within twenty days of receipt of the notice of assessment, unless good cause is shown, may be grounds for administrative action to be taken by the division against an insurer. Source: SL 1999, ch 241, §14.
SD Codified L § 58-4A-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-15 - Limitations of chapter.

58-4A-15. Limitations of chapter.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.
SD Codified L § 58-4A-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-16 - Annual report to Legislature--Contents.

58-4A-16. Annual report to Legislature--Contents.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.
SD Codified L § 58-4A-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-17 - Insurer to reevaluate rates for possible reduction in light of impact of fraud prevention.

58-4A-17. Insurer to reevaluate rates for possible reduction in light of impact of fraud prevention.Each authorized insurer shall, every three years after July 1, 1999, reevaluate its rates based upon the impact that fraud prevention has had upon its rates, considering the impact of §§58-4A-1 to 58-4A-17, inclusive, and the impact of any fraud prevention units of the insurer or other fraud prevention organization and appropriate accumulated data and, if justified by the insurer's actuary, reduce its rates. Source: SL 1999, ch 241, §17.
SD Codified L § 58-5-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-1 - Scope of chapter.

58-5-1. Scope of chapter.This chapter shall apply only to domestic stock insurers and domestic mutual insurers transacting or proposing to transact insurance on the cash premium or legal reserve plan, except that §§58-5-27, 58-5-28, 58-5-37, and 58-5-38 shall also apply to foreign and alien insurers. Source: SL 1966, ch 111, ch 16, §1.
SD Codified L § 58-5-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-2 - "Stock" insurer defined.

58-5-2. Stock insurer defined.A "stock" insurer is an incorporated insurer with capital divided into shares and owned by its stockholders. Source: SL 1966, ch 111, ch 16, §2.
SD Codified L § 58-5-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-3 - "Mutual" insurer defined.

58-5-3. Mutual insurer defined.A "mutual" insurer is an insurance corporation without capital stock, owned by its policyholders collectively, who have the right to vote in the election of its directors. Source: SL 1966, ch 111, ch 16, §3.
SD Codified L § 58-5-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-4 - Applicability of corporation laws.

58-5-4. Applicability of corporation laws.The applicable laws of this state as to domestic corporations formed for profit shall apply as to both stock and mutual insurers, except where in conflict with the express provisions of this title and the reasonable implications of such provisions. Source: SL 1966, ch 111, ch 16, §5.
SD Codified L § 58-5-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-5 - Incorporation of stock and mutual insurers.

58-5-5. Incorporation of stock and mutual insurers.Sections 58-5-6 and 58-5-7 apply to both stock and mutual insurers incorporated in this state after June 30, 1966. Source: SL 1966, ch 111, ch 16, §6 (1).
SD Codified L § 58-5-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-6 - Incorporators--Number and qualifications.

58-5-6. Incorporators--Number and qualifications.Five or more individuals may incorporate as a stock insurer; ten or more individuals may incorporate as a mutual insurer. The incorporators shall be citizens of the United States, at least twenty-one years of age, and a majority of the incorporators shall be residents of this state. Source: SL 1966, ch 111, ch 16, §6 (2).
SD Codified L § 58-5-6.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-6.1 - Domestication of foreign company--Requirements and procedure.

58-5-6.1. Domestication of foreign company--Requirements and procedure.Any company organized under the laws of any other state or country, which might have been originally qualified and incorporated under the laws of this state, and which has been admitted to do business in this state may become a domestic corporation, and be entitled to certificates of its corporate existence and license to transact business in this state, and be subject in all respects to the authority and jurisdiction thereof upon completion with the following requirements:(1)Execution, filing, and recording of original certificates;(2)Payment of incorporation fees; and(3)Designation of its principal place of business in this state. Source: SL 1976, ch 310; SL 1987, ch 371.
SD Codified L § 58-5-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-7 - Articles of incorporation--Execution and acknowledgment--Contents.

58-5-7. Articles of incorporation--Execution and acknowledgment--Contents.The incorporators shall execute and acknowledge articles of incorporation in triplicate. The articles of incorporation must state:(1)The name of the corporation; if a mutual, the word "mutual" must be a part of the name. An alternative name or names may be specified for use in other jurisdictions;(2)The purpose for which the corporation was formed;(3)The duration of its existence, which may be perpetual;(4)The kinds of insurance, as defined in this title, which the corporation is formed to transact;(5)If a stock corporation, its authorized capital, the number of shares of common stock and the par value of each share, which shall be at least one dollar. Only one class of voting common stock shall be authorized;(6)If a mutual corporation, the maximum contingent liability of its members, other than as to nonassessable policies, shall be stated in the articles of incorporation, but shall not be less than one nor more than six times the premium for the member's policy at the annual premium rate for a term of one year;(7)The number of directors, which shall be not less than five nor more than twenty-one, the names and addresses of the members of the initial board of directors, who shall serve until the first meeting of stockholders or until their successors are elected and qualify;(8)The post office address of its principal place of business in this state; and(9)The name and residence address of each incorporator. Source: SL 1966, ch 111, ch 16, §6 (3).
SD Codified L § 58-5-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-8 - Articles of incorporation delivered to director with filing fees--Examination and approval by attorney general, return to director.

58-5-8. Articles of incorporation delivered to director with filing fees--Examination and approval by attorney general, return to director.The incorporators of a proposed domestic insurer shall deliver the original and two executed copies of the articles of incorporation to the director of the Division of Insurance together with the filing fees therefor specified in §58-2-29. The director shall submit the same to the attorney general for examination. If the attorney general finds that the articles comply with this title and the Constitution and laws of the United States and of this state, he shall endorse his approval thereon and return such articles to the director. Source: SL 1966, ch 111, ch 16, §7 (1).
SD Codified L § 58-5-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-9 - Distribution of copies of approved articles.

58-5-9. Distribution of copies of approved articles.Upon such approval, the director shall retain one copy of such articles and return the original and remaining copy thereof to the incorporators, who shall file the original with the secretary of state. Source: SL 1966, ch 111, ch 16, §7 (2).
SD Codified L § 58-5-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-10 - Disapproval of articles by attorney general--Statement of reasons--Returned to incorporators.

58-5-10. Disapproval of articles by attorney general--Statement of reasons--Returned to incorporators.If the attorney general does not approve such articles, he shall return the same to the director with a written statement of his reasons for disapproval. The director shall return all sets of the articles with such written statement to the incorporators. Source: SL 1966, ch 111, ch 16, §7 (3).
SD Codified L § 58-5-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-11 - Amendment of articles of incorporation--Submission and filing.

58-5-11. Amendment of articles of incorporation--Submission and filing.Amendments to the articles of incorporation shall be submitted and filed in the same manner as articles of incorporation in §§58-5-8 to 58-5-10, inclusive, and shall be in compliance with the provisions of this title, the bylaws of such corporation and the laws of this state. Source: SL 1966, ch 111, ch 16, §8 (1).
SD Codified L § 58-5-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-12 - Bond required of mutual insurer before soliciting applications for insurance--Filing by incorporators--Amount, conditions.

58-5-12. Bond required of mutual insurer before soliciting applications for insurance--Filing by incorporators--Amount, conditions.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).
SD Codified L § 58-5-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-13 - Deposit by incorporators of mutual insurer in lieu of bond--Amount.

58-5-13. Deposit by incorporators of mutual insurer in lieu of bond--Amount.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).
SD Codified L § 58-5-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-14 - Duration of bond or deposit by mutual insurer.

58-5-14. Duration of bond or deposit by mutual insurer.Any such bond filed or deposit made shall remain in effect until released by the director upon compliance with §§58-5-12 and 58-5-13 or otherwise terminated by law. Source: SL 1966, ch 111, ch 16, §10 (3).
SD Codified L § 58-5-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-15 - Commencement of solicitation by mutual insurer.

58-5-15. Commencement of solicitation by mutual insurer.Upon receipt of the director's approval of the bond or deposit as provided in §§58-5-12 to 58-5-14, inclusive, the directors and officers of the proposed domestic mutual insurer may commence solicitation of applications for insurance. Source: SL 1966, ch 111, ch 16, §11 (1).
SD Codified L § 58-5-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-16 - Temporary insurance producer's licenses for solicitation of applications for mutual insurance--Issuance by director.

58-5-16. Temporary insurance producer's licenses for solicitation of applications for mutual insurance--Issuance by director.The director shall, upon the corporation's application therefor, issue temporary insurance producer's licenses for a period not exceeding six months for the solicitation of such applications to individuals qualifying for a resident insurance producer license except as to the taking or passing of an examination. The director may suspend or revoke any such license for any of the causes and pursuant to the same procedures as are applicable to suspension or revocation of licenses of insurance producers in general. Source: SL 1966, ch 111, ch 16, §11 (4); SL 2001, ch 286, §69.
SD Codified L § 58-5-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-17 - Applications for mutual insurance--Signature by applicant, coverage.

58-5-17. Applications for mutual insurance--Signature by applicant, coverage.All applications for insurance received pursuant to §58-5-15 shall be signed by the applicant and shall only cover subjects of insurance resident, located or to be performed in this state. Source: SL 1966, ch 111, ch 16, §11 (2).
SD Codified L § 58-5-18 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-18 - Applications for mutual insurance--Contents.

58-5-18. Applications for mutual insurance--Contents.All such applications shall provide that:(1)Issuance of the policy is contingent upon the insurer qualifying for and receiving a certificate of authority;(2)No insurance is in effect until the certificate of authority has been issued; and(3)The prepaid premium and any deposit, membership or policy fee shall be refunded in full to the applicant if the certificate of authority is not issued within one year from the date of the certificate of incorporation. Source: SL 1966, ch 111, ch 16, §11 (3).
SD Codified L § 58-5-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-19 - Trust deposit of premiums or fees collected by mutual insurer on qualifying applications.

58-5-19. Trust deposit of premiums or fees collected by mutual insurer on qualifying applications.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).
SD Codified L § 58-5-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-20 - Transaction of business without certificate of authority as misdemeanor.

58-5-20. Transaction of business without certificate of authority as misdemeanor.The corporation shall not transact business here as an insurer until it has received a certificate of authority as provided in this title. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 16, §7 (4); SL 1978, ch 359, §2.
SD Codified L § 58-5-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-21 - Insurance applications and surplus required for original certificate of authority to domestic mutual insurer.

58-5-21. Insurance applications and surplus required for original certificate of authority to domestic mutual insurer.Upon application for an original certificate of authority, the insurer must be otherwise qualified therefor under this title, and must have received and accepted bona fide applications as to substantial insurable subjects for insurance coverage of the kind of insurance proposed to be transacted, must have collected in cash the full premium therefor at a rate not less than that usually charged by other insurers for comparable coverages, must have surplus funds deposited as of the date such insurance coverages are to become effective, or, in lieu of such applications, premiums and surplus, deposit and thereafter maintain surplus, all in accordance with that part of the following schedule which applies to the kind of insurance the insurer proposes to transact and subject to the provisions of §§58-6-19 to 58-6-22, inclusive:  SCHEDULE(a)(b)(c)(d)(e)(f)(g)(h)Kind of InsuranceMinimum No. of applicants acceptedMinimum No.of subjectscoveredMinimumpremiumcollectedMinimumamount ofinsuranceeach subjectMaximumamount ofinsuranceeach subjectMinimumsurplus fundsdepositedDeposit ofsurplus inlieu of (b)through (g)Life 500500annual$1,000$ 2,500$150,000$200,000Health 500500quarterly1025150,000200,000(weekly indem.)(weekly indem.)Life and‎ Health 750750same as individual lines above300,000400,000Property 100250annual1,0003,000150,000200,000Casualty 250500annual1,00010,000150,000200,000Casualty withWorkmen's Compensation ‎‎250‎‎1,500‎‎quarterly‎‎1,000‎‎10,000‎‎200,000‎‎300,000Marine and Transportation 100250annual1,00010,000150,000200,000Surety 250250annual1,00010,000150,000200,000Multiple Lines 250500same as individual lines above300,000400,000Source: SL 1966, ch 111, ch 16, §9
SD Codified L § 58-5-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05 - Organization And General Powers Of Insurers|Section 58-5-22 - Expendable surplus funds required of domestic mutual insurer.

58-5-22. Expendable surplus funds required of domestic mutual insurer.In addition to surplus deposited and thereafter to be maintained as shown in columns (g) and (h) of the schedule in §58-5-21, the insurer when first authorized must have on hand surplus funds, which it can thereafter expend in the conduct of its business, in amount not less than fifty percent of the deposited and maintained surplus required of it under the said schedule. Source: SL 1966, ch 111, ch 16, §9.