reglab/housing_qa huggingface dataset:
SD Codified L § 58-29A-97 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-97 - Liability of insureds for unpaid assessments.

58-29A-97. Liability of insureds for unpaid assessments.In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the association may not operate to reduce the liability of insureds to the receiver, liquidator, or statutory successor for unpaid assessments. Source: SL 2000, ch 247, §44.
SD Codified L § 58-29A-98 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-98 - Settlements by association binding on successor of insolvent insurer--Priority of claim and expenses.

58-29A-98. Settlements by association binding on successor of insolvent insurer--Priority of claim and expenses.The receiver, liquidator, or statutory successor of an insolvent insurer is bound by determinations of covered claim eligibility under this chapter and by settlements of claims made by the association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that which the claimant would have been entitled in the absence of this chapter against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims shall be accorded the same priority as the liquidator's expenses. Source: SL 2000, ch 247, §45.
SD Codified L § 58-29A-99 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-99 - Association's statements of claims paid filed with receiver or liquidator.

58-29A-99. Association's statements of claims paid filed with receiver or liquidator.The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association which shall preserve the rights of the association against the assets of the insolvent insurer. Source: SL 2000, ch 247, §46.
SD Codified L § 58-29A-100 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-100 - Examination and regulation of association--Annual report.

58-29A-100. Examination and regulation of association--Annual report.The association is subject to examination and regulation by the director. The board of directors shall submit, not later than May thirtieth of each year, a financial report for the preceding calendar year in a form approved by the director. Source: SL 2000, ch 247, §47; SL 2011, ch 222, §1.
SD Codified L § 58-29A-101 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-101 - Immunity from liability of persons acting under chapter.

58-29A-101. Immunity from liability of persons acting under chapter.There is no liability on the part of and no cause of action of any nature may arise against any member insurer, the association or its agents or employees, the board of directors, any person serving as a representative of any director, or the director or the director's representatives for any action taken or any failure to act by them in the performance of their powers and duties under this chapter. Source: SL 2000, ch 247, §48.
SD Codified L § 58-29A-102 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-102 - Judicial review of director's actions.

58-29A-102. Judicial review of director's actions.Any final action or order of the director under this chapter is subject to judicial review in a court of competent jurisdiction. Source: SL 2000, ch 247, §49.
SD Codified L § 58-29A-103 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-103 - Premiums to include amounts sufficient for assessments.

58-29A-103. Premiums to include amounts sufficient for assessments.The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association and such rates may not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer. Source: SL 2000, ch 247, §50.
SD Codified L § 58-29A-104 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-104 - Unfair trade practice to advertise protection given by chapter.

58-29A-104. Unfair trade practice to advertise protection given by chapter.It is unfair trade practice for any insurer or insurance producer to in any manner make use of the protection given policyholders by this chapter as a reason for buying insurance from the insurer or insurance producer. Source: SL 2000, ch 247, §51; SL 2001, ch 286, §138.
SD Codified L § 58-29A-105 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-105 - Payment of claims to be made in any reasonable order.

58-29A-105. Payment of claims to be made in any reasonable order.The association shall pay claims in any order which it deems reasonable, including the payment of claims as such are received from the claimants or in groups or categories of claims. Source: SL 2000, ch 247, §52.
SD Codified L § 58-29A-106 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-106 - Association to be recognized as claimant in liquidation of insolvent insurer--Priority of distribution.

58-29A-106. Association to be recognized as claimant in liquidation of insolvent insurer--Priority of distribution.The association and any similar organization in another state shall be recognized as claimants in the liquidation of an insolvent insurer for any amounts paid by them on covered claims obligations as determined under this chapter or similar laws in other states and shall receive dividends and any other distributions at the priority set forth in §58-29B-124. Source: SL 2000, ch 247, §53.
SD Codified L § 58-29A-107 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-107 - Insolvent insurer's records to be made available to board.

58-29A-107. Insolvent insurer's records to be made available to board.The liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board or its authorized representative to any of the insolvent insurer's records that are necessary for the board in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver, or statutory successor shall provide the board or its representative with copies of such records upon request by the board and at the expense of the board. Source: SL 2000, ch 247, §54.
SD Codified L § 58-29A-108 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-108 - Jurisdiction over claims against association.

58-29A-108. Jurisdiction over claims against association.Except for actions by member insurers aggrieved by final actions or decisions of the association pursuant to subdivision 58-29A-84(7), any action relating to or arising out of this chapter against the association shall be brought in a court in this state. The courts in this state have exclusive jurisdiction over all actions relating to or arising out of this chapter against the association. Source: SL 2000, ch 247, §55.
SD Codified L § 58-29A-109 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29A - Insurance Guaranty Association|Section 58-29A-109 - Citation of chapter.

58-29A-109. Citation of chapter.This chapter shall be known as the South Dakota Insurance Guaranty Association Act. Source: SL 2000, ch 247, §56.
SD Codified L § 58-29B-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-1 - Citation of chapter.

58-29B-1. Citation of chapter.This chapter may be cited as the Insurers Supervision, Rehabilitation, and Liquidation Act. Source: SL 1989, ch 436, §1.
SD Codified L § 58-29B-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-2 - Scope.

58-29B-2. Scope.The provisions of this chapter apply to:(1)All insurers who are doing, or have done, an insurance business in this state, and against whom claims arising from that business may exist now or in the future;(2)All insurers who purport to do an insurance business in this state;(3)All insurers who have insureds resident in this state;(4)All other persons organized or in the process of organizing with the intent to do an insurance business in this state;(5)All nonprofit service plans and all fraternal benefit societies, health maintenance organizations, benefit societies and any other entity subject to Title 58;(6)All title insurance companies, subject to chapter 58-25;(7)Any entity whose administrative actions represent the administrative actions of an insurance company. Source: SL 1989, ch 436, §2.
SD Codified L § 58-29B-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-4 - Delinquency proceedings sole and exclusive remedy--Commencement of proceedings by director.

58-29B-4. Delinquency proceedings sole and exclusive remedy--Commencement of proceedings by director.Delinquency proceedings pursuant to this chapter shall constitute the sole and exclusive method of liquidating, rehabilitating, reorganizing, or conserving an insurer, and no court may entertain a petition for the commencement of such proceedings, or any other similar procedure, unless it has been filed in the name of the state on the relation of the director. Source: SL 1989, ch 436, §4.
SD Codified L § 58-29B-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-5 - Commencement of proceedings despite lack of notice to insurer.

58-29B-5. Commencement of proceedings despite lack of notice to insurer.Delinquency proceedings pursuant to this chapter may be commenced by the director at any time, regardless of whether notice to an insurer has been given concerning impairment of capital or assets as provided in §58-5-114. Source: SL 1989, ch 436, §5.
SD Codified L § 58-29B-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-6 - Grounds for personal jurisdiction.

58-29B-6. Grounds for personal jurisdiction.In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to chapter 15-6 or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state:(1)If the person served is obligated to the insurer in any way as an incident to any agency or brokerage or other arrangement that may exist or has existed between the insurer and the insurance producer or representative of the insurer, in any action on or incident to the obligation;(2)If the person served is a reinsurer who has at any time written a policy of reinsurance for an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, or is an insurance producer or representative of or for the reinsurer, in any action on or incident to the reinsurance contract;(3)If the person served is or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or influence in an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, in any action resulting from such a relationship with the insurer;(4)If the person served is an insurance producer or representative of the insurer or other person who has at any time written policies of insurance for or has acted in any manner on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;(5)If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or(6)If the person served is obligated to the insurer in any way whatsoever, in any action or incident to the obligation. Source: SL 1989, ch 436, §6; SL 1992, ch 351, §1; SL 2001, ch 286, §139.
SD Codified L § 58-29B-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-7 - Venue of proceedings.

58-29B-7. Venue of proceedings.Any action authorized in this chapter shall be brought in the circuit court of Hughes County. Source: SL 1989, ch 436, §7.
SD Codified L § 58-29B-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-8 - Receiver authorized to grant certain orders.

58-29B-8. Receiver authorized to grant certain orders.Any receiver appointed in a proceeding under this chapter, may at any time apply for and the court may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:(1)The transaction of further business;(2)The transfer of property;(3)Interference with the receiver or with a proceeding under this chapter;(4)Waste of the insurer's assets;(5)Dissipation and transfer of bank accounts;(6)The institution or further prosecution of any actions or proceedings;(7)The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders;(8)The levying of execution against the insurer, its assets or its policyholders;(9)The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;(10)The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or(11)Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter.The receiver may apply to any court outside of the state for the relief described in this section. Source: SL 1989, ch 436, §8.
SD Codified L § 58-29B-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-9 - Persons to cooperate in proceedings and preliminary investigations.

58-29B-9. Persons to cooperate in proceedings and preliminary investigations.Any officer, manager, director, trustee, owner, employee, representative, or insurance producer of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the director in any proceeding under this chapter or any investigation preliminary to the proceeding. The term, person, as used in this section, includes any person who exercises control directly or indirectly over activities of insurer through any holding company or other affiliate of the insurer. The term, to cooperate, includes the following:(1)To reply promptly in writing to any inquiry from the director requesting such a reply; and(2)To make available to the director any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in the insurer's possession, custody, or control. Source: SL 1989, ch 436, §9; SL 2001, ch 286, §140.
SD Codified L § 58-29B-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-10 - Obstruction or interference in conduct of proceedings.

58-29B-10. Obstruction or interference in conduct of proceedings.No person may obstruct or interfere with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto. This section may not be construed to abridge otherwise existing legal rights, including the right to good faith resistance to a petition for liquidation or other delinquency proceedings, or other orders. Source: SL 1989, ch 436, §10.
SD Codified L § 58-29B-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-11 - Failure to cooperate--Obstruction or interference--Penalty.

58-29B-11. Failure to cooperate--Obstruction or interference--Penalty.Any person included within §58-29B-9 who fails to cooperate with the director, or any person who obstructs or interferes with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the director issued validly under this chapter may be ordered by the court to pay a fine not exceeding ten thousand dollars or sentenced to state imprisonment for a term of not more than one year, or both, or after a hearing, the director may impose and order the person to pay an administrative penalty not to exceed ten thousand dollars and may order the revocation or suspension of any insurance licenses issued by the director. Source: SL 1989, ch 436, §11.
SD Codified L § 58-29B-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-12 - Directors and deputies responsible for official bonds--Source of payment.

58-29B-12. Directors and deputies responsible for official bonds--Source of payment.In any proceeding under this chapter, the director and his deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of the assets, it may at any time require an additional bond from the director or his deputies, and such bonds shall be paid for out of the assets of the insurer as a cost of administration. Source: SL 1989, ch 436, §12.
SD Codified L § 58-29B-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-13 - Proceedings commenced prior to enactment of chapter.

58-29B-13. Proceedings commenced prior to enactment of chapter.Every proceeding heretofore commenced under the laws in effect before the enactment of this chapter shall be deemed to have commenced under this chapter for the purpose of conducting the proceeding henceforth, except that in the discretion of the director the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted. Source: SL 1989, ch 436, §13.
SD Codified L § 58-29B-13.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-13.1 - Service of appropriate orders by director.

58-29B-13.1. Service of appropriate orders by director.If the director has reasonable cause to believe, and determines, after a hearing held pursuant to the provisions of §58-29B-17, that any domestic insurer has committed or engaged in, or is about to commit or engage in, any act, practice, or transaction that would subject it to delinquency proceedings under this chapter, he may make and serve upon the insurer and any other persons involved, such orders as are reasonably necessary to correct, eliminate, or remedy such conduct, condition, or ground. Source: SL 1989, ch 436, §13A.
SD Codified L § 58-29B-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-14 - Director's determination of continuation of business hazardous--Notification of insurer.

58-29B-14. Director's determination of continuation of business hazardous--Notification of insurer.If upon examination or at any other time the director has reasonable cause to believe or determines that any domestic insurer is in such condition as to render the continuance of its business hazardous to the public or to holders of its policies or certificates of insurance, or if such domestic insurer gives its consent, then the director shall upon his determination:(1)Notify the insurer of his determination; and(2)Furnish to the insurer a written list of the director's requirements to abate his determination. Source: SL 1989, ch 436, §14.
SD Codified L § 58-29B-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-15 - Supervision of insurer--Appointment of supervisor--Certain acts by insurer prohibited--Costs.

58-29B-15. Supervision of insurer--Appointment of supervisor--Certain acts by insurer prohibited--Costs.If the director makes a determination to supervise an insurer subject to an order under §58-29B-13.1 or 58-29B-14, he shall notify the insurer. During the period of supervision, the director may appoint a supervisor to supervise such insurer. The order appointing a supervisor shall direct the supervisor to enforce orders issued under this chapter and may also require that the insurer not do any of the following things, during the period of supervision, without the prior approval of the director or the supervisor:(1)Dispose of, convey, or encumber any of its assets or its business in force;(2)Withdraw from any of its bank accounts;(3)Lend any of its funds;(4)Invest any of its funds;(5)Transfer any of its property;(6)Incur any debt, obligation, or liability;(7)Merge or consolidate with another company;(8)Enter into any new reinsurance contract or treaty; or(9)Write any new insurance contract or renew any insurance contract.All costs and expenses, including attorney fees, associated with administering the supervision order are the responsibility of the insurer and shall be paid from insurer's funds or assets. Source: SL 1989, ch 436, §15; SL 1991, ch 404, §1.
SD Codified L § 58-29B-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-16 - Insurer to comply with director's requirements--Time period--Failure to comply.

58-29B-16. Insurer to comply with director's requirements--Time period--Failure to comply.Any insurer subject to an order under §§58-29B-13.1 and 58-29B-14 shall comply with the lawful requirements of the director and, if placed under supervision, shall have sixty days from the date the supervision order is served within which to comply with the requirements of the director. In the event of such insurer's failure to comply within the proper time, the director may institute proceedings under §58-29B-31 or 58-29B-41 to have a rehabilitator or liquidator appointed, or extend the period of supervision. Source: SL 1989, ch 436, §16.