reglab/housing_qa huggingface dataset:
SD Codified L § 58-33-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-19 - Readjustment of premium rate permitted for group policy based on loss or expense experience.

58-33-19. Readjustment of premium rate permitted for group policy based on loss or expense experience.Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, readjustment of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year. Source: SL 1966, ch 111, ch 13, §15 (3).
SD Codified L § 58-33-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-20 - Reduction of premium rate permitted for large policies.

58-33-20. Reduction of premium rate permitted for large policies.Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, reduction of premium rate for policies of large amount but not exceeding savings in issuance and administration expenses reasonably attributable to such policies as compared with policies of similar plan issued in smaller amounts. Source: SL 1966, ch 111, ch 13, §15 (4).
SD Codified L § 58-33-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-21 - Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan.

58-33-21. Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan.Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuing life or health insurance policies or annuity contracts on a salary savings or payroll deduction plan or other distribution plan at reduced rate reasonably commensurate with the savings made by the use of such plan. Source: SL 1966, ch 111, ch 13, §15 (5).
SD Codified L § 58-33-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-22 - Increase in health insurance benefits by maintaining policy in force permitted.

58-33-22. Increase in health insurance benefits by maintaining policy in force permitted.Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuance of health insurance policies which provide for increases in benefits to policyholders who maintain their policies continuously in force without lapse for specified periods. Source: SL 1966, ch 111, ch 13, §15 (6).
SD Codified L § 58-33-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-23 - Life insurance benefits paid to beneficiary--Payment to tradesman or businessman as misdemeanor--Use of life insurance to pay costs of funeral--Fraternal benefit societies.

58-33-23. Life insurance benefits paid to beneficiary--Payment to tradesman or businessman as misdemeanor--Use of life insurance to pay costs of funeral--Fraternal benefit societies.All life insurance benefits shall be paid in cash to the beneficiary. No insurer engaged in the business of life insurance shall contract to pay or pay such insurance benefits to any funeral director, undertaker, or undertaking business. Violation of this section is a Class 2 misdemeanor. This section does not prohibit an insurer from paying life insurance benefits to a funeral director, undertaker, or undertaking business, whether or not an assignment of the policy has been made pursuant to §58-11-36, if the insurer makes the payment pursuant to an assignment made by the beneficiary of the insurance benefits to a person or entity which performed burial or funeral services for the insured or contracted after the death of the insured to perform burial or funeral services for the insured. If the cost of the burial or funeral services performed is less than the benefit amount to be paid under the life insurance policy, the insurer shall pay the excess to the named beneficiary in accordance with the terms of the contract.This section does not prohibit a fraternal benefit society from paying the proceeds of a life insurance policy in accordance with the provisions of §58-37A-17. An insurer that is not a fraternal benefit society may pay the proceeds of a life insurance policy in the same manner and subject to the same restrictions as provided for by §58-37A-17. Source: SL 1966, ch 111, ch 13, §22; SL 1978, ch 359, §2; SL 1995, ch 290; SL 2005, ch 278, §2.
SD Codified L § 58-33-24 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-24 - Rebate, discount, or special advantage as misdemeanor--Exception.

58-33-24. Rebate, discount, or special advantage as misdemeanor--Exception.No insurer or any employee or representative thereof, and no insurance producer may pay, allow, or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in the policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy, except to the extent provided for in an applicable filing with the director as provided by law. Any violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 13, §16 (1); SL 1978, ch 359, §2; SL 2001, ch 286, §202.
SD Codified L § 58-33-25 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-25 - Acceptance by insured of rebate, discount or special advantage as misdemeanor.

58-33-25. Acceptance by insured of rebate, discount or special advantage as misdemeanor.No insured named in a policy, nor any employee of such insured shall knowingly receive or accept directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 13, §16 (2); SL 1978, ch 359, §2.
SD Codified L § 58-33-26 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-26 - Unfair discrimination as to terms and conditions of insurance as misdemeanor.

58-33-26. Unfair discrimination as to terms and conditions of insurance as misdemeanor.No insurer shall make or permit any unfair discrimination between insureds or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the insurance. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 13, §16 (3); SL 1978, ch 359, §2.
SD Codified L § 58-33-27 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-27 - Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted.

58-33-27. Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted.Nothing in §§58-33-24 to 58-33-26, inclusive, prohibits the payment of commissions or other compensation to duly licensed insurance producers, or prohibits any insurer from allowing or returning to its participating policyholders, members or subscribers, lawful dividends, savings, or unabsorbed premium deposits. Source: SL 1966, ch 111, ch 13, §16 (4); SL 2001, ch 286, §203.
SD Codified L § 58-33-30 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-30 - Provisions not applicable to life or health insurance or annuities.

58-33-30. Provisions not applicable to life or health insurance or annuities.Sections 58-33-24 to 58-33-27, inclusive, do not apply to life insurance, health insurance, or annuity contracts. Source: SL 1966, ch 111, ch 13, §§16 (5), 21 (3); SL 1979, ch 341, §8.
SD Codified L § 58-33-31 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-31 - Favored insurance producer or insurer as misdemeanor.

58-33-31. Favored insurance producer or insurer as misdemeanor.No person may require as a condition precedent to loaning money upon the security of any real or personal property, or to the renewal or extension of any loan or mortgage, or to the selling of any property under contract, that the owner of the property to whom the money is to be loaned, or the vendee of the property being sold, shall place, continue, or renew any policy of insurance covering or to cover such property or covering any liability relating to such property or the use thereof, through a particular insurance producer or in a particular insurer or type of insurer or insurance producer. However, this provision does not prevent the reasonable exercise by any such the lender or vendor of the right to approve or disapprove of the insurer selected to underwrite the insurance on a reasonably nondiscriminatory basis. Any violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 13, §18; SL 1978, ch 359, §2; SL 2001, ch 286, §204.
SD Codified L § 58-33-32 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-32 - Boycott, coercion, or intimidation as misdemeanor.

58-33-32. Boycott, coercion, or intimidation as misdemeanor.No persons shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 13, §9; SL 1978, ch 359, §2.
SD Codified L § 58-33-33 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-33 - Interlocking ownership or management permitted.

58-33-33. Interlocking ownership or management permitted.Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition, or common management is inconsistent with any other provision of this title, or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly therein. Source: SL 1966, ch 111, ch 13, §19 (1).
SD Codified L § 58-33-34 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-34 - Directorship in two or more insurers permitted.

58-33-34. Directorship in two or more insurers permitted.Any person otherwise qualified may be director of two or more insurers which are competitors, unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create a monopoly. Source: SL 1966, ch 111, ch 13, §19 (2).
SD Codified L § 58-33-35 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-35 - Collection of premium for insurance not provided as misdemeanor.

58-33-35. Collection of premium for insurance not provided as misdemeanor.No person shall willfully collect any sum as premium or charge for insurance, which insurance is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this title. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 13, §20 (1); SL 1978, ch 359, §2.
SD Codified L § 58-33-36 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-36 - Illegal dealing in premiums and improper charges as misdemeanors.

58-33-36. Illegal dealing in premiums and improper charges as misdemeanors.No person may willfully collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, and as specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the director; or, in cases where classifications, premiums, or rates are not required by this title to be so filed and approved, such premiums and charges may not be in excess of or less than those specified in the policy and as fixed by the insurer. Any violation of this section is a Class 2 misdemeanor. This section does not prohibit the charging and collection, by surplus line brokers licensed under chapter 58-32, of the amount of applicable state and federal taxes in addition to the premium required by the insurer. Nor does it prohibit the charging and collection, by a life insurer, of amounts actually to be expended for medical examination of an applicant for life insurance or for reinstatement of a life insurance policy. Source: SL 1966, ch 111, ch 13, §20 (2); SL 1978, ch 359, §2; SL 2001, ch 286, §205.
SD Codified L § 58-33-37 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-37 - False application as misdemeanor--False claim or proof of loss as misdemeanor or felony.

58-33-37. False application as misdemeanor--False claim or proof of loss as misdemeanor or felony.Any person who knowingly makes any false or fraudulent statement or representation with reference to any application for insurance is guilty of a Class 1 misdemeanor. Any person who knowingly presents or causes to be presented a false or fraudulent claim for the purpose of obtaining any money or benefit, or who submits any proof in support of such a claim for the payment of a loss upon a contract of insurance, or who prepares, makes, or subscribes a false or fraudulent account, certificate, affidavit or proof of loss, or other document or writing, with intent that the same may be presented or used in support of such a claim, is guilty of a Class 2 misdemeanor if such claim is for an amount of four hundred dollars or less; a Class 1 misdemeanor if such claims is for an amount greater than four hundred dollars and less than one thousand dollars; and a Class 4 felony if such claim is one thousand dollars or greater. Source: SL 1966, ch 111, ch 13, §23; SL 1977, ch 416, §2; SL 1999, ch 241, §18; SL 2006, ch 130, §21.
SD Codified L § 58-33-37.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-37.1 - Aggregation of false claims or applications committed pursuant to one course of conduct.

58-33-37.1. Aggregation of false claims or applications committed pursuant to one course of conduct.Amounts involved in false claims or applications for insurance committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the offense under §58-33-37. Source: SL 1977, ch 416, §1.
SD Codified L § 58-33-38 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-38 - Undefined unfair or deceptive practice--Findings by director.

58-33-38. Undefined unfair or deceptive practice--Findings by director.If the director believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in this chapter, but that such method of competition is unfair or that such act or practice is unfair or deceptive and that a proceeding by him in respect thereto would be in the public interest, he shall, after a hearing of which notice of the hearing and of the charges against him are given such person, make a written report of his findings of fact relative to such charges and serve a copy thereof upon such person and any intervener at the hearing. Source: SL 1966, ch 111, ch 13, §5 (1).
SD Codified L § 58-33-39 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-39 - Action to restrain violation found by director--Record of hearing received in evidence.

58-33-39. Action to restrain violation found by director--Record of hearing received in evidence.If such report charges a violation of this chapter and if such method of competition, act or practice has not been discontinued, the director may, through the attorney general of this state, at any time after the service of such report cause an action to be instituted to enjoin and restrain such person from engaging in such method, act, or practice. In such action the court may grant a restraining order or injunction upon such terms as may be just and the director shall not be required to give security before the issuance of any such order or injunction. If a stenographic record of the hearing before the director was made, a certified transcript thereof including all evidence taken and the report and findings shall be received in such action. Source: SL 1966, ch 111, ch 13, §5 (2).
SD Codified L § 58-33-40 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-40 - Cease and desist order of director.

58-33-40. Cease and desist order of director.If, after a hearing thereon of which notice of the hearing and of the charges against him were given such person, the director of the Division of Insurance finds that any person in this state has engaged or is engaging in any act or practice defined in or prohibited under this chapter, the director may order the person to permanently cease and desist from the acts or practices. Source: SL 1966, ch 111, ch 13, §4 (1); SL 1985, ch 385, §2.
SD Codified L § 58-33-41 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-41 - Appeal from director's order.

58-33-41. Appeal from director's order.If the director's report made under §58-33-38, or order on hearing made under §58-33-40 does not charge a violation of this chapter, then any intervener in the proceedings may appeal therefrom within the time and in the manner provided in chapter 1-26. Source: SL 1966, ch 111, ch 13, §5 (3).
SD Codified L § 58-33-42 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-42 - Finality of cease and desist order--Appeal by intervener.

58-33-42. Finality of cease and desist order--Appeal by intervener.A cease and desist order pursuant to §58-33-40 shall become final upon expiration of the time allowed for appeals from the director's orders, if no such appeal is taken, or, in event of such an appeal, upon final decision of the court if the court affirms the director's order or dismisses the appeal. An intervener in such hearing shall have the right to appeal as provided in §58-33-41. Source: SL 1966, ch 111, ch 13, §4 (2).
SD Codified L § 58-33-43 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-43 - Affirmance of order of director--Order of court for obedience.

58-33-43. Affirmance of order of director--Order of court for obedience.In the event of such appeal, to the extent that the director's order is affirmed, the court shall issue its own order commanding obedience to the terms of the director's order. Source: SL 1966, ch 111, ch 13, §4 (3).
SD Codified L § 58-33-44 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-44 - Liabilities and penalties not relieved by director's or court order.

58-33-44. Liabilities and penalties not relieved by director's or court order.No order of the director pursuant to §58-33-40 or order of court to enforce it shall in any way relieve or absolve any person affected by such order from any other liability, penalty, or forfeiture under law. Source: SL 1966, ch 111, ch 13, §4 (4).
SD Codified L § 58-33-45 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-45 - Violation of desist order as misdemeanor.

58-33-45. Violation of desist order as misdemeanor.A violation of a desist order authorized by this chapter is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 13, §4 (5); SL 1978, ch 359, §2; SL 1990, ch 158, §27.
SD Codified L § 58-33-46 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-46 - Imposition of penalty not prevented by cease and desist order.

58-33-46. Imposition of penalty not prevented by cease and desist order.Sections 58-33-40 to 58-33-45, inclusive, shall not be deemed to affect or prevent the imposition of any penalty provided by this title or by other law for violation of any other provision of this chapter, whether or not any such hearing is called or held or such desist order issued. Source: SL 1966, ch 111, ch 13, §4 (6).
SD Codified L § 58-33-46.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-46.1 - Civil action for damages resulting from unfair or prohibited act--Attorneys' fees.

58-33-46.1. Civil action for damages resulting from unfair or prohibited act--Attorneys' fees.Any person who claims to have been damaged by any act or practice declared to be unlawful by this chapter shall be permitted to bring a civil action for the recovery of all actual and consequential damages suffered as a result of such act or practice including reasonable attorneys' fees to be set by the court. Source: SL 1974, ch 319.
SD Codified L § 58-33-47 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-47 - Process against unauthorized insurers for false advertising--Purpose of provisions.

58-33-47. Process against unauthorized insurers for false advertising--Purpose of provisions.The purpose of §§58-33-47 to 58-33-57, inclusive, is to subject to the jurisdiction of the director and to the jurisdiction of the courts of this state insurers not authorized to transact business in this state which place in or send into this state any false advertising designed to induce residents of this state to purchase insurance from insurers not authorized to transact business in this state. The Legislature declares it is in the interest of the citizens of this state who purchase insurance from insurers which solicit insurance business in this state by false advertising that such insurers be subject to the provisions of §§58-33-47 to 58-33-57, inclusive. In furtherance of such state interest, the Legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states; the authority provided herein to be in addition to any existing powers of this state. Source: SL 1966, ch 111, ch 13, §26 (1).
SD Codified L § 58-33-48 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-48 - Definition of terms.

58-33-48. Definition of terms.When used in §§58-33-47 to 58-33-57, inclusive:(1)"Residents" shall mean and include any person, partnership or corporation, domestic, alien or foreign.(2)"Unfair Trade Practice Act" shall mean §§58-33-1 to 58-33-46.1, inclusive, relating to unfair methods of competition and unfair and deceptive acts and practices in the business of insurance. Source: SL 1966, ch 111, ch 13, §27.