reglab/housing_qa huggingface dataset:
SD Codified L § 58-30-212 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-212 - Statements required in travel retailer's written materials.

58-30-212. Statements required in travel retailer's written materials.Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that clearly display the following:(1)Provide the identity and contact information of the insurer and the limited lines travel insurance producer;(2)Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and(3)Explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage. Source: SL 2014, ch 241, §8.
SD Codified L § 58-30-213 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-213 - Limitations on travel retailer's unlicensed employee or authorized representative.

58-30-213. Limitations on travel retailer's unlicensed employee or authorized representative.A travel retailer's employee or authorized representative who is not licensed as an insurance producer may not:(1)Evaluate or interpret the technical terms, benefits, or conditions of the offered travel insurance coverage;(2)Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or(3)Hold oneself out as a licensed insurer, licensed producer, or insurance expert. Source: SL 2014, ch 241, §9.
SD Codified L § 58-30-214 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-214 - Registered travel retailers authorized to offer and disseminate travel insurance and receive compensation.

58-30-214. Registered travel retailers authorized to offer and disseminate travel insurance and receive compensation.Notwithstanding any other provision of law, a travel retailer whose activities related to insurance, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in §§58-30-209 to 58-30-218, inclusive, is authorized to do so and receive related compensation for such services, upon registration by the limited lines travel insurance producer as described in subdivision 58-30-211(2). Source: SL 2014, ch 241, §10.
SD Codified L § 58-30-215 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-215 - Individual and group travel insurance policies authorized.

58-30-215. Individual and group travel insurance policies authorized.Travel insurance may be provided under an individual policy or under a group or master policy. Source: SL 2014, ch 241, §11.
SD Codified L § 58-30-216 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-216 - Limited lines travel insurance producer responsible for acts of travel retailer.

58-30-216. Limited lines travel insurance producer responsible for acts of travel retailer.As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this chapter. Source: SL 2014, ch 241, §12.
SD Codified L § 58-30-217 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-217 - Compliance with chapters 58-30 and 58-33.

58-30-217. Compliance with chapters 58-30 and 58-33.The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance under the limited lines travel insurance producer license shall comply with chapter 58-30 and chapter 58-33. Source: SL 2014, ch 241, §13.
SD Codified L § 58-30-218 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-218 - Promulgation of rules on training for travel retailer employees.

58-30-218. Promulgation of rules on training for travel retailer employees.The director may promulgate rules, pursuant to chapter 1-26, relating to the program of instruction or training as set forth in subdivision 58-30-211(5). Source: SL 2014, ch 241, §14.
SD Codified L § 58-32-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-1 - Purposes of chapter.

58-32-1. Purposes of chapter.It is declared that the purposes of this chapter are to provide orderly access for the insuring public of South Dakota to insurers not authorized to transact insurance in this state, through licensed surplus line brokers in South Dakota for insurance coverages not procurable from authorized insurers; to protect such authorized insurers, which must meet certain standards as to policy forms and rates, from unwarranted competition by unauthorized insurers who, in the absence of this chapter, would not be subject to similar requirements; and for other purposes as set forth in this chapter. Source: SL 1966, ch 111, ch 11, §1 (2); SL 2001, ch 286, §193.
SD Codified L § 58-32-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-2 - Broker defined.

58-32-2. Broker defined."Broker" as used in this chapter means a surplus line broker duly licensed as such under this chapter. Source: SL 1966, ch 111, ch 11, §3 (1).
SD Codified L § 58-32-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-3 - Export defined.

58-32-3. Export defined.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).
SD Codified L § 58-32-3.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-3.1 - Home state defined.

58-32-3.1. Home state defined.The term, home state, as used in this chapter, means, with respect to an insured:(1)The state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence; or(2)If one hundred percent of the insured risk is located out of the state referred to in subdivision (1) of this section, the state to which the greatest percentage of the insured's taxable premium for the insurance contract is allocated.If more than one insured from an affiliated group are named insureds on a single nonadmitted insurance contract, the term means the home state as determined under subdivision (1) of this section of the member of the affiliated group that has the largest percentage of premium attributable to it under the contract. Source: SL 2011, ch 223, §6.
SD Codified L § 58-32-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-4 - Chapter not applicable to life and health insurance, annuities, and reinsurance--Exceptions.

58-32-4. Chapter not applicable to life and health insurance, annuities, and reinsurance--Exceptions.The provisions of this chapter do not apply to life and health insurance, annuities, or reinsurance. This section does not prohibit the procurement of coverage otherwise complying with the export requirements of this chapter for:(1)Disability insurance that has a benefit limit in excess of any benefit limit available from an admitted insurer; or(2)Health insurance for an individual traveling or temporarily living outside the United States for health care costs incurred abroad. Source: SL 1966, ch 111, ch 11, §2 (1); SL 2015, ch 256, §1; SL 2019, ch 214, §1.
SD Codified L § 58-32-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-5 - Exemption of interstate commerce.

58-32-5. Exemption of interstate commerce.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.
SD Codified L § 58-32-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-6 - Unauthorized acts constituting misdemeanors--Additional forfeiture.

58-32-6. Unauthorized acts constituting misdemeanors--Additional forfeiture.Unless performed by a licensed surplus line broker, the following acts are Class 2 misdemeanors if done in this state:(1)Acting as insurance producer for a nonadmitted insurer in the transaction of insurance business in this state;(2)In any manner advertising a nonadmitted insurer in this state;(3)In any other manner aiding a nonadmitted insurer to transact insurance business in this state.In addition to any penalty provided for commission of misdemeanors, a person violating any provision of this section shall forfeit to this state the sum of five hundred dollars, together with one hundred dollars for each month or fraction thereof during which the person continues such violation. Source: SL 1966, ch 111, ch 11, §24; SL 1978, ch 359, §2; SL 2001, ch 286, §195.
SD Codified L § 58-32-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-7 - Qualifications for surplus line broker's license--Out-of-state sales.

58-32-7. Qualifications for surplus line broker's license--Out-of-state sales.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.
SD Codified L § 58-32-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-8 - Application for surplus line license--Fee.

58-32-8. Application for surplus line license--Fee.Application for license as a surplus lines broker shall be made to the director on forms furnished by the director. The license fee shall be as specified in §58-2-29. Source: SL 1966, ch 111, ch 11, §12 (2), (3).
SD Codified L § 58-32-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-9 - Licensing provisions applicable.

58-32-9. Licensing provisions applicable.The surplus line broker license and licensee shall be subject to the applicable provisions of chapter 58-30. Source: SL 1966, ch 111, ch 11, §12 (4).
SD Codified L § 58-32-10.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-10.1 - Bond of resident surplus line broker--Amount--Conditions--Termination.

58-32-10.1. Bond of resident surplus line broker--Amount--Conditions--Termination.Within thirty days of issuance of a license as a resident surplus line broker and before procuring any insurance coverage for an insured, the broker shall file with the director, and thereafter for as long as the license remains in effect the broker shall keep in force, a bond in favor of the State of South Dakota in the penal sum of two thousand dollars with an authorized corporate surety approved by the director. The bond shall be conditioned upon the broker conducting business under the license in accordance with the provisions of this chapter and promptly remitting the taxes pursuant to §§58-32-44 and 58-32-45. No such bond may be terminated unless at least thirty days' prior written notice of the termination is given to the broker and filed with the director. Source: SL 2003, ch 253, §1.
SD Codified L § 58-32-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-11 - Suspension or revocation of license of surplus line broker--Grounds.

58-32-11. Suspension or revocation of license of surplus line broker--Grounds.The director may suspend or revoke any surplus line broker's license:(1)If the broker fails to file his annual statement or to remit the tax as required by this chapter; or(2)If the broker fails to keep records, or to allow the director to examine his records as required by this chapter; or(3)If the broker knowingly or negligently places a surplus line coverage in an insurer that is in unsound financial condition in violation of §58-32-25; or(4)For any other cause for which a general lines agent's license may be suspended or revoked. Source: SL 1966, ch 111, ch 11, §13 (1); SL 2001, ch 286, §197.
SD Codified L § 58-32-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-12 - Procedure for suspension or revocation of license.

58-32-12. Procedure for suspension or revocation of license.The procedures provided by chapter 58-30 for suspension or revocation of licenses shall apply to suspension or revocation of a surplus line broker's license. Source: SL 1966, ch 111, ch 11, §13 (2).
SD Codified L § 58-32-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-13 - Suspension or revocation of surplus line license affects all other licenses.

58-32-13. Suspension or revocation of surplus line license affects all other licenses.Upon suspending or revoking a broker's surplus line license, the director shall also suspend or revoke all other licenses of the same individual under this title. Source: SL 1966, ch 111, ch 11, §13 (3).
SD Codified L § 58-32-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-14 - Revival of suspended or revoked broker's surplus line license--Payment of fine and delinquent taxes--Waiting period.

58-32-14. Revival of suspended or revoked broker's surplus line license--Payment of fine and delinquent taxes--Waiting period.No broker whose license has been so suspended or revoked shall again be so licensed until any fines or delinquent taxes owing by him have been paid, and, in case of revocation, until expiration of one year from the date that the revocation became final. Source: SL 1966, ch 111, ch 11, §13 (4).
SD Codified L § 58-32-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-15 - Acceptance of business from licensed insurance producer.

58-32-15. Acceptance of business from licensed insurance producer.A licensed surplus line broker may accept and place surplus line business for any insurance producer licensed in this state for the kind of insurance involved, and may compensate the insurance producer for it. Source: SL 1966, ch 111, ch 11, §15; SL 1982, ch 366; SL 2001, ch 286, §198.
SD Codified L § 58-32-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-16 - Impossibility of procuring coverage from authorized insurers--Procurement from unauthorized insurers.

58-32-16. Impossibility of procuring coverage from authorized insurers--Procurement from unauthorized insurers.If certain insurance coverages cannot be procured from authorized insurers, the coverages, hereinafter designated, surplus lines, may be procured from unauthorized insurers, subject to the conditions set forth in §§58-32-17 to 58-32-19, inclusive. The provisions of §§58-32-16 to 58-32-18, inclusive, do not apply to exempt commercial lines policyholders as defined in §§58-24-68 and 58-24-69 if:(1)The broker procuring or placing the surplus lines insurance has disclosed to the exempt commercial purchaser that the insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and(2)The exempt commercial purchaser has subsequently requested in writing the broker to procure or place the insurance from a nonadmitted insurer. Source: SL 1966, ch 111, ch 11, §4; SL 2011, ch 223, §2.
SD Codified L § 58-32-16.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-16.1 - Certain unauthorized insurers to submit annual report.

58-32-16.1. Certain unauthorized insurers to submit annual report.On or before April first, each unauthorized insurer writing insurance business in South Dakota shall annually file with the director, on a form approved by the director, a true statement of all insurance business written in South Dakota in the preceding calendar year. Source: SL 1990, ch 407, §1.
SD Codified L § 58-32-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-17 - Conditions for export--Amount not procurable from authorized insurers.

58-32-17. Conditions for export--Amount not procurable from authorized insurers.The full amount of insurance required must not be procurable, after diligent effort has been made to do so, from insurers authorized to transact and actually writing that kind and class of insurance in this state, and the amount of insurance exported shall be only the excess over the amount procurable from authorized insurers. Source: SL 1966, ch 111, ch 11, §4 (2).
SD Codified L § 58-32-18 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-18 - Export of insurance where coverage available from authorized insurer prohibited--Exception.

58-32-18. Export of insurance where coverage available from authorized insurer prohibited--Exception.Insurance must not be exported pursuant to §58-32-16 if there is coverage readily available from an authorized insurer, unless the authorized insurer quotes a premium or terms not competitive with the premium or terms quoted by an unauthorized insurer. If one portion of the risk is acceptable to an authorized insurer, but another portion of the same risk is not acceptable, the entire coverage may be placed with an eligible unauthorized insurer, if it can be shown that an eligible unauthorized insurer will accept the entire coverage but not the rejected portion alone. Source: SL 1966, ch 111, ch 11, §4 (3); SL 1987, ch 382.
SD Codified L § 58-32-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-19 - Procurement of exported insurance through licensed surplus line broker.

58-32-19. Procurement of exported insurance through licensed surplus line broker.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).
SD Codified L § 58-32-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-20 - Affidavit of broker as to exported insurance.

58-32-20. Affidavit of broker as to exported insurance.At the time of procuring, effecting, and issuing any such surplus line insurance, the broker shall execute an affidavit, in such form as is prescribed by the director, setting forth facts from which it can be determined whether such insurance was eligible for export under §§58-32-16 to 58-32-19, inclusive. The broker shall file, or cause to be filed, this affidavit with the director within thirty days after the insurance was so procured. Source: SL 1966, ch 111, ch 11, §5.
SD Codified L § 58-32-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-21 - Placement in authorized insurer--Violation as misdemeanor.

58-32-21. Placement in authorized insurer--Violation as misdemeanor.The broker shall place surplus line insurance only in an insurer which meets the requirements of §§58-32-22 to 58-32-24, inclusive. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 11, §6 (2); SL 1978, ch 359, §2.
SD Codified L § 58-32-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-22 - Requirements for placing surplus lines insurance.

58-32-22. Requirements for placing surplus lines insurance.Surplus lines insurance may be placed by a surplus lines licensee if the insurer is authorized to write the type of insurance in its domiciliary jurisdiction, and either meets the criteria established through a multi-state agreement pursuant to §58-32-45 or meets one of the following criteria:(1)The insurer has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction which equals the greater of:(a)The minimum capital and surplus requirements under §58-6-23; or(b)Fifteen million dollars; or(2)The insurer is a nonadmitted insurer domiciled outside the United States that is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the National Association of Insurance Commissions.The requirements of subdivision (1) of this section may be satisfied by an insurer's possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the director. The finding shall be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. The director may not make an affirmative finding of acceptability if the nonadmitted insurer's capital and surplus is less than four million five hundred thousand dollars. Source: SL 1966, ch 111, ch 11, §6(2); SL 1986, ch 420; SL 1990, ch 407, §2; SL 2011, ch 223, §3.
SD Codified L § 58-32-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 32 - Surplus Line Insurance|Section 58-32-23 - Financial condition of surplus line insurer--Director not required to determine.

58-32-23. Financial condition of surplus line insurer--Director not required to determine.Subdivision 58-32-22(3) shall not be deemed to place upon the director any duty or responsibility to determine the actual financial condition or claims practices of any unauthorized insurer; and the eligibility of an insurer hereunder shall indicate only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the director has no credible evidence to the contrary. Source: SL 1966, ch 111, ch 11, §6 (3).