reglab/housing_qa huggingface dataset:
SD Codified L § 58-24-48 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-48 - Appeal based on failure to file for different expense system--Application of rate-making standards.

58-24-48. Appeal based on failure to file for different expense system--Application of rate-making standards.If an appeal under §58-24-47 is based upon the failure of the rating organization to make a filing on behalf of the member or subscriber, which is based on a system of expense provisions which differs, in accordance with the right granted in §58-24-8, from the system of expense provisions included in a filing made by the rating organization, the director shall, if the director grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding the appeal the director shall apply the standards set forth in §§58-24-5 to 58-24-9, inclusive. Source: SL 1966, ch 111, ch 15, §8; SL 2014, ch 239, §14.
SD Codified L § 58-24-49 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-49 - Application of insurer to file deviation--Basis for modification--Copy to rating organization.

58-24-49. Application of insurer to file deviation--Basis for modification--Copy to rating organization.Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the director to file a deviation from the class rates, schedules, rating plans, or rules respecting any kind of insurance, or class of risk within a kind of insurance, or combination thereof. Such application shall specify the basis for the modification and a copy shall also be sent simultaneously to such rating organization. Source: SL 1966, ch 111, ch 15, §7.
SD Codified L § 58-24-50 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-50 - Deviations to be uniform within class.

58-24-50. Deviations to be uniform within class.As to all forms of casualty insurance, including workers' compensation or any combination thereof, no application shall be granted under §58-24-51 unless the requested deviation is based upon a uniform percentage decrease or increase to be applied to the premiums produced by such rating system, as filed, for a kind of insurance or for a class of insurance which is found by the director to be a proper rating unit for the application of such uniform percentage decrease or increase, or for a subdivision of a kind of insurance comprised of a group of manual classifications which are treated as a separate unit for rate-making purposes or for which separate expense provisions are included in the filings of the rating organization. Source: SL 1966, ch 111, ch 15, §3 (2).
SD Codified L § 58-24-51 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-51 - Criteria considered on application for deviation--Order permitting or denying deviation.

58-24-51. Criteria considered on application for deviation--Order permitting or denying deviation.In considering the application to file such deviation, the director shall give consideration to the available statistics and the principles for rate-making as provided in §§58-24-5 to 58-24-9, inclusive. The director shall issue an order permitting the deviation for such insurer to be filed if he finds it to be justified and it shall thereupon become effective. He shall issue an order denying such application if he finds that the deviation applied for does not meet the requirements of this chapter. Source: SL 1966, ch 111, ch 15, §7.
SD Codified L § 58-24-52 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-52 - Duration of permitted deviation.

58-24-52. Duration of permitted deviation.Each deviation permitted to be filed shall remain in effect for a period of not less than one year from the effective date unless sooner withdrawn by the insurer with the approval of the director or until terminated in accordance with the provisions of §§58-24-21 to 58-24-24, inclusive. Source: SL 1966, ch 111, ch 15, §7.
SD Codified L § 58-24-53 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-53 - Advisory organization license required.

58-24-53. Advisory organization license required.Each group, association, or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in rate-making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this chapter shall be subject to licensure pursuant to this chapter as an advisory organization. Source: SL 1966, ch 111, ch 15, §10 (1); SL 2014, ch 239, §15.
SD Codified L § 58-24-54 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-54 - Advisory organization filing requirements.

58-24-54. Advisory organization filing requirements.Each advisory organization shall file with the director the requirements of §58-24-35 and an agreement that the director may examine the advisory organization in accordance with the provisions of §58-24-59. Source: SL 1966, ch 111, ch 15, §10 (2); SL 2014, ch 239, §16.
SD Codified L § 58-24-55 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-55 - Unfair or unreasonable advisory organization practices--Order requiring discontinuance.

58-24-55. Unfair or unreasonable advisory organization practices--Order requiring discontinuance.If the director finds that an advisory organization has furnished information or assistance that involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, the director may issue an order specifying in what respect such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, and requiring the discontinuance of such act or practice. Source: SL 1966, ch 111, ch 15, §10 (3); SL 2014, ch 239, §17.
SD Codified L § 58-24-56 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-56 - Filings based on information furnished by noncompliant advisory organization prohibited--Order requiring discontinuance.

58-24-56. Filings based on information furnished by noncompliant advisory organization prohibited--Order requiring discontinuance.No insurer that makes its own filings or any rating organization that submits filings with the division may support its filings by statistics or adopt rate-making recommendations furnished to it by an advisory organization which has not complied with §58-24-54 or with an order of the director involving statistics or recommendations issued under §58-24-55. If the director finds an insurer or rating organization to be in violation of this section the director may issue an order requiring the discontinuance of the violation. Source: SL 1966, ch 111, ch 15, §10 (4); SL 2014, ch 239, §18.
SD Codified L § 58-24-57 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-57 - Insurers engaging in joint underwriting or joint reinsurance subject to regulation.

58-24-57. Insurers engaging in joint underwriting or joint reinsurance subject to regulation.Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as provided in this title. Source: SL 1966, ch 111, ch 15, §11 (1).
SD Codified L § 58-24-58 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-58 - Unfair or unreasonable practices of joint underwriters or joint reinsurers--Order requiring discontinuance.

58-24-58. Unfair or unreasonable practices of joint underwriters or joint reinsurers--Order requiring discontinuance.If, after a hearing, the director finds that any activity or practice of any group identified in §58-24-57 is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, the director may issue an order specifying in what respect the activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of the activity or practice. Source: SL 1966, ch 111, ch 15, §11 (2); SL 2014, ch 239, §19.
SD Codified L § 58-24-59 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-59 - Examination of rating organizations, advisory organizations, joint underwriters, and joint reinsurers--Acceptance of report of official of another state.

58-24-59. Examination of rating organizations, advisory organizations, joint underwriters, and joint reinsurers--Acceptance of report of official of another state.As often as the director deems necessary, the director shall examine each rating organization licensed in this state as provided in §§58-24-35 to 58-24-39, inclusive, each advisory organization referred to in §58-24-53, and each group, association, or other organization referred to in §58-24-57. The cost of any examination shall be paid by the rating organization, advisory organization, or group, association or other organization examined. The officers, manager, agents, and employees of the rating organization, advisory organization, or group, association, or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation. In lieu of the above, the director may accept the report of an examination made by the insurance supervisory official of another state. No rating organization examined may be reimbursed from the examination fund. Source: SL 1966, ch 111, ch 15, §12; SL 2014, ch 239, §20.
SD Codified L § 58-24-61 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-61 - Violation of chapter--Penalties.

58-24-61. Violation of chapter--Penalties.The director may, if the director finds that any person or organization has violated any provision of this chapter, issue an order which imposes a penalty of not more than five hundred dollars for each violation, but if the director finds a violation to be willful the director may impose a penalty of not more than five thousand dollars for each violation. The penalties may be in addition to any other penalty provided by law or order of the director issued pursuant to this chapter. Source: SL 1966, ch 111, ch 15, §16; SL 2014, ch 239, §21.
SD Codified L § 58-24-62 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-62 - Suspension of license of rating organization or insurer.

58-24-62. Suspension of license of rating organization or insurer.The director may suspend the license of any rating organization or insurer that fails to comply with an order of the director after the time prescribed for an appeal therefrom has expired or the order has been affirmed on appeal. The director may determine when a suspension of license becomes effective. Any suspension remains in effect for the period fixed by the director, or until the order upon which the suspension is based is modified, rescinded, or reversed. Source: SL 1966, ch 111, ch 15, §16; SL 2014, ch 239, §22.
SD Codified L § 58-24-63 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-63 - Written order of director for imposition of penalty and suspension of license--Hearing, notice, findings.

58-24-63. Written order of director for imposition of penalty and suspension of license--Hearing, notice, findings.No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the director, stating his findings, made after a hearing held upon not less than ten days' written notice to such person or organization specifying the alleged violation. Source: SL 1966, ch 111, ch 15, §16.
SD Codified L § 58-24-64 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-64 - Request for hearing on order or decision--Notice--Affirmance, reversal, or modification.

58-24-64. Request for hearing on order or decision--Notice--Affirmance, reversal, or modification.Any insurer or rating organization aggrieved by any order or decision of the director made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the director for a hearing thereon. The director shall issue a notice of hearing pursuant to chapter 1-26 within twenty days after receipt of a request and shall give not less than ten days' written notice of the time and place of the hearing. Within a reasonable time after the hearing the director shall affirm, reverse, or modify the director's previous action, specifying the reasons therefor. Pending the hearing and decision thereon the director may suspend or postpone the effective date of the director's previous action. Source: SL 1966, ch 111, ch 15, §17 (1); SL 2014, ch 239, §23.
SD Codified L § 58-24-65 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-65 - Rehearing and appeal from order of director.

58-24-65. Rehearing and appeal from order of director.Any order or decision of the director in proceedings arising under this chapter shall be subject to rehearing and review on appeal in the same manner and by the same procedure as provided by chapter 1-26, and such procedure shall be exclusive of all other remedies. Source: SL 1966, ch 111, ch 15, §17 (2).
SD Codified L § 58-24-66 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-66 - Notice required for filing for workers' compensation insurance.

58-24-66. Notice required for filing for workers' compensation insurance.At least fifteen days before any rating organization makes a loss cost filing required by §58-24-10 for workers' compensation insurance, the rating organization shall give the director of the Division of Insurance notice of its intent to make a loss cost filing. Source: SL 1990, ch 401, §1; SL 1993, ch 362, §4.
SD Codified L § 58-24-67 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-67 - Notice to workers' compensation purchaser organizations.

58-24-67. Notice to workers' compensation purchaser organizations.Within thirty days of receipt of a notice pursuant to §58-24-66, the director of the Division of Insurance shall schedule an informal hearing and send notice of the intent to conduct the informal hearing to organizations of purchasers of workers' compensation insurance and insurers who have registered with the director to receive such notices. Source: SL 1990, ch 401, §2; SL 1993, ch 362, §5.
SD Codified L § 58-24-68 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-68 - Exempt commercial policyholder defined.

58-24-68. Exempt commercial policyholder defined.For the purposes of §§58-24-68 to 58-24-74, inclusive, the term, exempt commercial policyholder, means any person who applies for or procures any kind of property casualty insurance, except title or workers' compensation insurance, through the use of a risk manager employed or retained by such person, and meets at least two of the following qualifications:(1)Has purchased the insurance with aggregate premiums in the sum of at least one hundred thousand dollars during the most recently completed calendar year;(2)Has a net worth of at least ten million dollars as reported in the policyholder's most recently issued financial statement, reviewed or audited by an independent certified public accountant;(3)Has annual net revenues or net sales of at least ten million dollars as reported in the policyholder's most recently issued financial statement, reviewed or audited by an independent certified public accountant;(4)Employs at least one hundred full-time employees, either individually or, if the policyholder is a member of an affiliated group, collectively with all members of the affiliated group;(5)Has, if the policyholder is a nonprofit organization, an annual operating budget of at least two million five hundred thousand dollars for the most recently completed calendar or fiscal year, whichever applies;(6)Has, if the policyholder is a public entity, an operating budget of at least ten million dollars for the most recently completed calendar or fiscal year, whichever applies; or(7)Has, if the policyholder is a municipality, a population of at least twenty thousand. Source: SL 2004, ch 307, §1.
SD Codified L § 58-24-69 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-69 - Risk manager defined.

58-24-69. Risk manager defined.For the purposes of §§58-24-68 to 58-24-74, inclusive, the term, risk manager, means an employee of the exempt commercial policyholder, or a third-party consultant retained by the policyholder who provides skilled services in loss prevention, loss reduction, or risk and insurance coverage analysis, and the purchase of insurance, and who possesses at least one of the following credentials:(1)A bachelor's or higher degree in risk management issued by an accredited college or university;(2)A designation as a chartered property and casualty underwriter issued by the American Institute for Chartered Property and Casualty Underwriters and Insurance Institute of America;(3)A designation as an associate in risk management issued by the American Institute for Chartered Property and Casualty Underwriters and Insurance Institute of America;(4)A designation as a certified risk manager issued by the National Alliance for Insurance Education and Research;(5)A designation as a fellow in risk management or RIMS fellow issued by the Global Risk Management Institute; or(6)At least seven years of experience in one or more of the following areas of commercial property and casualty insurance:(a)Risk financing;(b)Claims administration;(c)Loss prevention; or(d)Risk and insurance coverage analysis. Source: SL 2004, ch 307, §2.
SD Codified L § 58-24-70 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-70 - Exemption from rate and form filing requirements for policy issued to exempt commercial policyholder--Disclosure requirements.

58-24-70. Exemption from rate and form filing requirements for policy issued to exempt commercial policyholder--Disclosure requirements.An insurer issuing a policy to an exempt commercial policyholder is exempt, except as provided for in §§58-24-68 to 58-24-74, inclusive, from the rate filing requirements of chapter 58-24 and the form filing requirements of §58-11-12. At the time of soliciting an exempt commercial policyholder to purchase insurance, the insurance producer, or the insurer in the case of a direct procurement from the insurer, shall disclose to the policyholder and the policyholder's risk manager, on a form created by the insurer, that a premium or rate may be quoted or a policy form may be used that is not subject to the rate and form filing requirements of the Division of Insurance. Source: SL 2004, ch 307, §3.
SD Codified L § 58-24-71 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-71 - Third-party consultant disclosure requirements.

58-24-71. Third-party consultant disclosure requirements.If a third-party consultant is retained by the exempt commercial policyholder to act as the policyholder's risk manager when a quote for insurance is delivered to the policyholder, the consultant shall disclose, in writing, the existence of any commission, fee, or contingency arrangement the third-party consultant has with the insurer. Source: SL 2004, ch 307, §4.
SD Codified L § 58-24-72 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-72 - Promulgation of rules.

58-24-72. Promulgation of rules.The director may promulgate rules, pursuant to chapter 1-26, to carry out the provisions of §§58-24-68 to 58-24-74, inclusive, to ensure that insurers make policyholders aware of their exempt status and that insurers keep separate records of exempt policies. The rules may include certification, record keeping, and notices. Source: SL 2004, ch 307, §5.
SD Codified L § 58-24-73 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-73 - Insurer to maintain and provide copies of disclosures--Examination.

58-24-73. Insurer to maintain and provide copies of disclosures--Examination.The insurer shall maintain copies of the disclosures required by §§58-24-68 to 58-24-73, inclusive. The copies are subject to examination. The insurer shall provide the copies to the division upon request as provided by this title. Source: SL 2004, ch 307, §6.
SD Codified L § 58-24-74 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations|Section 58-24-74 - Insurer to maintain records relating to insurance sales to exempt commercial policyholder--Examination by director.

58-24-74. Insurer to maintain records relating to insurance sales to exempt commercial policyholder--Examination by director.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.