reglab/housing_qa huggingface dataset:
SD Codified L § 58-33-49 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-49 - Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state.

58-33-49. Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state.No unauthorized foreign or alien insurer of the kind described in §58-33-47 shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine, or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of the Unfair Trade Practice Act. Violation of this section is a Class 2 misdemeanor. Whenever the director shall have reason to believe that any such insurer is engaging in such unlawful advertising, it shall be his duty to give notice of such fact by registered or certified mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States. Source: SL 1966, ch 111, ch 13, §28; SL 1978, ch 359, §2; SL 1982, ch 28, §18.
SD Codified L § 58-33-50 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-50 - Action by director on failure of insurer to cease false advertising after notice.

58-33-50. Action by director on failure of insurer to cease false advertising after notice.If after thirty days following the giving of the notice mentioned in §58-33-49 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this state, and if the director has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or doing any of the acts enumerated in §58-33-49, he shall take action against such insurer under the Unfair Trade Practice Act. Source: SL 1966, ch 111, §13, §29.
SD Codified L § 58-33-51 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-51 - Acts constituting appointment of director as process agent.

58-33-51. Acts constituting appointment of director as process agent.Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer:(1)The issuance or delivery of contracts of insurance to residents of this state;(2)The solicitation of applications for such contracts;(3)The collection of premiums, membership fees, assessments, or other considerations for such contracts; or(4)Any other transaction of insurance business;is equivalent to and shall constitute an appointment by such insurer of the director to be its true and lawful attorney upon whom may be served all statements of charges, notices and lawful process in any proceedings instituted in respect to the misrepresentations set forth in §58-33-49 under the provisions of the Unfair Trade Practice Act, or in any action, suit, or proceeding for the recovery of any penalty therein provided, and any such act shall be signification of its agreement that such service of statement of charges, notices, or process is of the same legal force and validity as personal service of such statement of charges, notices, or process in this state, upon such insurer. Source: SL 1966, ch 111, ch 13, §30 (1).
SD Codified L § 58-33-52 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-52 - Service of process on director, copies delivered--Mailing of copy to defendant.

58-33-52. Service of process on director, copies delivered--Mailing of copy to defendant.Service of a statement of charges and notices under said Unfair Trade Practice Act shall be made by delivering to and leaving with the director or some person in apparent charge of his office, two copies thereof. Service of process issued by any court in any action, suit, or proceeding to collect any penalty under said Unfair Trade Practice Act shall be made by delivering and leaving with the director, or some person in apparent charge of his office, two copies thereof. The director shall forthwith cause to be mailed by registered or certified mail one of the copies of such statement of charges, notices, or process to the defendant at its last known principal place of business, and shall keep a record of all statements of charges, notices, and process so served. Such service of statement of charges, notices, and process shall be sufficient provided they shall have been so mailed and the defendant's receipt or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the person mailing such letter showing a compliance herewith are filed with the director in the case of any statement of charges or notices, or with the clerk of the court in which such action is pending in the case of any process, on or before the date the defendant is required to appear or within such further time as the court may allow. Source: SL 1966, ch 111, ch 13, §30 (2); SL 1982, ch 28, §18.
SD Codified L § 58-33-53 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-53 - Service of process on agent of insurer.

58-33-53. Service of process on agent of insurer.Service of statement of charges, notices, and process in any such proceeding, action, or suit shall in addition to the manner provided in §58-33-52 be valid if served upon any person within this state who on behalf of such insurer is:(1)Soliciting insurance; or(2)Making, issuing, or delivering any contract of insurance; or(3)Collecting or receiving in this state any premium for insurance;and if a copy of such statement of charges, notices, or process is sent within ten days thereafter by registered or certified mail by or on behalf of the director to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter, the name and address of the person to whom the letter is addressed, and the affidavit of the person mailing the same showing a compliance herewith, are filed with the director in the case of any statement of charges or notices, or with the clerk of the court in which such action is pending in the case of any process, on or before the date the defendant is required to appear or within such further time as the court may allow. Source: SL 1966, ch 111, ch 13, §30 (3); SL 1982, ch 28, §18.
SD Codified L § 58-33-54 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-54 - Additional method of service of process and notice.

58-33-54. Additional method of service of process and notice.Service of process and notice under the provisions of this title shall be in addition to all other methods of service provided by law, and nothing in this chapter shall limit or prohibit the right to serve any statement of charges, notices, or process upon an insurer in any other manner now or hereafter permitted by law. Source: SL 1966, ch 111, ch 13, §30 (5).
SD Codified L § 58-33-55 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-55 - Waiting period before entry of default order or judgment.

58-33-55. Waiting period before entry of default order or judgment.No cease or desist order or judgment by default under §§58-33-51 to 58-33-53, inclusive, shall be entered until the expiration of thirty days from the date of the filing of the affidavit of compliance. Source: SL 1966, ch 111, ch 13, §30 (4).
SD Codified L § 58-33-56 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-56 - Liberal construction of process provisions.

58-33-56. Liberal construction of process provisions.The provisions of §§58-33-47 to 58-33-57, inclusive, shall be liberally construed. Source: SL 1966, ch 111, ch 13, §26 (2).
SD Codified L § 58-33-57 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-57 - Severability of provisions.

58-33-57. Severability of provisions.If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. Source: SL 1966, ch 111, ch 13, §31.
SD Codified L § 58-33-58 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-58 - Citation of provisions for process against unauthorized insurers for false advertising.

58-33-58. Citation of provisions for process against unauthorized insurers for false advertising.Sections 58-33-47 to 58-33-57, inclusive, may be cited as the Unauthorized Insurers False Advertising Process Act. Source: SL 1966, ch 111, ch 13, §25.
SD Codified L § 58-33-59 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-59 - Cancellation of insurance--Definitions.

58-33-59. Cancellation of insurance--Definitions.Terms, used in this section and §§58-33-60 to 58-33-65, inclusive, mean:(1)"Cancellation," termination by the insurer of insurance coverage in whole or in part during the policy term. A policy with no fixed expiration date is considered a policy period or term of one year;(2)"Insurance," includes those policies of insurance defined in §§58-9-5 to 58-9-27, inclusive;(3)"Nonpayment of premium," the failure of the named insured to discharge any obligation in connection with the payment of premiums on policies of insurance subject to this section and §§58-33-60 to 58-33-65, inclusive, whether such payments are directly payable to the insurer or its insurance producer or indirectly payable under a premium finance plan or extension of credit. Source: SL 1985, ch 392, §1; SL 1986, ch 27, §54; SL 1999, ch 259, §1; SL 2001, ch 286, §206.
SD Codified L § 58-33-60 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-60 - Notice of cancellation required--Time--Contents.

58-33-60. Notice of cancellation required--Time--Contents.A notice of cancellation of insurance coverage by an insurer shall be mailed or delivered by the insurer to the named insured at least twenty days before the effective cancellation date and shall be accompanied by a written explanation of the specific reasons for the cancellation. Source: SL 1985, ch 392, §2; SL 1999, ch 259, §2.
SD Codified L § 58-33-61 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-61 - Grounds for cancellation.

58-33-61. Grounds for cancellation.After sixty days from the effective date of policy issuance a notice of cancellation may not be issued unless it is based upon at least one of the following reasons:(1)Nonpayment of premium;(2)Discovery of fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing the policy, or in presenting a claim under the policy;(3)Discovery of acts or omissions on the part of the named insured which increase any hazard insured against;(4)The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued;(5)A violation of any local fire, health, safety, building, or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against;(6)A determination by the director of the Division of Insurance that the continuation of the policy would jeopardize a company's solvency or would place the insurer in violation of the insurance laws of this state;(7)Violation or breach by the insured of any policy terms or conditions; or(8)Such other reasons as are approved by the director of the Division of Insurance. Source: SL 1985, ch 392, §3; SL 1986, ch 421, §1.
SD Codified L § 58-33-62 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-62 - Complaint of violation to division--Determination of reasonableness--Hearing.

58-33-62. Complaint of violation to division--Determination of reasonableness--Hearing.Upon a complaint alleging a violation of any provision of §§58-33-59 to 58-33-65, inclusive, filed by a person with the Division of Insurance within sixty days after the cancellation date of the policy, the director of the Division of Insurance shall determine if the complaint is reasonably founded. If the director determines that the complaint is reasonably founded or otherwise has reason to believe that an insurer has engaged in practices that violate any provisions of §§58-33-59 to 58-33-65, inclusive, a hearing on the matter shall be set pursuant to chapter 1-26. Source: SL 1985, ch 392, §4.
SD Codified L § 58-33-63 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-63 - Reinstatement and money penalty for violation.

58-33-63. Reinstatement and money penalty for violation.If the director of the Division of Insurance determines in a final order that the insurer has violated any provision of §§58-33-59 to 58-33-65, inclusive, the director shall require the insurer to reinstate insurance coverage to the end of the policy period. The director may also assess a money penalty against an insurer for each violation of any provision of §§58-33-59 to 58-33-65, inclusive, in an amount set forth in §58-4-28.1 and may order the insurer to refrain from engaging in practices that violate the provisions of §§58-33-59 to 58-33-65, inclusive. Source: SL 1985, ch 392, §5.
SD Codified L § 58-33-64 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-64 - Immunity from liability for statements concerning cancellation.

58-33-64. Immunity from liability for statements concerning cancellation.Except for knowingly supplying false information, there is no liability on the part of and no cause of action arises against the following persons for any communication giving notice of or specifying the reasons for a cancellation or for any statement made in connection with an attempt to discover or verify the existence of conditions that would provide grounds for cancellation of coverage under the provisions of §§58-33-59 to 58-33-65, inclusive:(1)The director of the Division of Insurance;(2)Any insurer or its authorized representatives, insurance producers, or employees;(3)Any licensed insurance producer; or(4)Any person furnishing information to an insurer as to reasons for a cancellation. Source: SL 1985, ch 392, §6; SL 2001, ch 286, §207.
SD Codified L § 58-33-65 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-65 - Automobile policies exempt.

58-33-65. Automobile policies exempt.Sections 58-33-59 to 58-33-64, inclusive, do not apply to the cancellation of automobile policies or coverages, as defined in §58-11-45. Source: SL 1985, ch 392, §7; SL 1988, ch 408.
SD Codified L § 58-33-65.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-65.1 - Private remedy or right of action prohibited.

58-33-65.1. Private remedy or right of action prohibited.Nothing contained in §§58-33-59 to 58-33-65, inclusive, may grant, or be construed to grant, any private remedy or right of action. Source: SL 1986, ch 421, §2.
SD Codified L § 58-33-66 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-66 - Unfair or deceptive insurance practices.

58-33-66. Unfair or deceptive insurance practices.Unfair or deceptive acts or practices in the business of insurance include the following:(1)Failing to respond to an inquiry from or failing to supply documents requested by the Division of Insurance within twenty days of receipt of such inquiry or request;(2)Knowingly supplying the Division of Insurance with false, misleading, or incomplete information. Source: SL 1986, ch 422, §1; SL 1989, ch 439, §2.
SD Codified L § 58-33-67 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-67 - Unfair or deceptive practices in dealing with insured.

58-33-67. Unfair or deceptive practices in dealing with insured.In dealing with the insured or representative of the insured, unfair or deceptive acts or practices in the business of insurance include, but are not limited to, the following:(1)Failing to acknowledge and act within thirty days upon communications with respect to claims arising under insurance policies and to adopt and adhere to reasonable standards for the prompt investigation of such claims;(2)Making claims payments to any claimant, insured, or beneficiary not accompanied by a statement setting forth the coverage under which the payments are being made;(3)Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement;(4)Failing to promptly settle claims, where liability has become reasonably clear under one portion of the insurance policy coverage to influence settlements under other portions of the insurance policy coverage;(5)Requiring as a condition of payment of a claim that repairs to any damaged vehicle shall be made by a particular contractor or repair shop;(6)Failing to make a good faith assignment of the degree of contributory negligence in ascertaining the issue of liability;(7)Unless permitted by law and the insurance policy, refusing to settle a claim of an insured or claimant on the basis that the responsibility should be assumed by others. Source: SL 1986, ch 422, §2; SL 1989, ch 439, §3.
SD Codified L § 58-33-68 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-68 - Factors considered in determining action taken against violator--Failure to remedy situation--Administrative action.

58-33-68. Factors considered in determining action taken against violator--Failure to remedy situation--Administrative action.The Division of Insurance, in interpreting and enforcing §§58-33-66 and 58-33-67, shall consider all pertinent facts and circumstances to determine the severity and appropriateness of action to be taken in regard to any violation of §§58-33-66 to 58-33-69, inclusive, including but not limited to, the following:(1)The magnitude of the harm to the claimant or insured;(2)Any actions by the insured, claimant, or insurer that mitigate or exacerbate the impact of the violation;(3)Actions of the claimant or insured which impeded the insurer in processing or settling the claim;(4)Actions of the insurer which increase the detriment to the claimant or insured. The director need not show a general business practice in taking administrative action for these violations.However, no administrative action may be taken by the director for a violation of this section unless the insurer has been notified of the violation and refuses to take corrective action to remedy the situation.Any administrative action taken by the director shall be pursuant to the provisions of chapter 1-26. Source: SL 1986, ch 422, §3.
SD Codified L § 58-33-69 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-69 - No private right of action.

58-33-69. No private right of action.Nothing in §§58-33-66 to 58-33-69, inclusive, grants a private right of action. Source: SL 1986, ch 422, §4.
SD Codified L § 58-33-70 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-70 - Definitions--Aftermarket crash parts.

58-33-70. Definitions--Aftermarket crash parts.Terms used in §58-33-71 mean:(1)"Aftermarket crash part," a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;(2)"Installer," an individual who actually does the work of replacing or repairing parts of a motor vehicle;(3)"Insurer," an insurance company and any person authorized to represent the insurer with respect to a claim;(4)"Nonoriginal equipment manufacturer (non-OEM) aftermarket crash part," aftermarket crash parts not made for or by the manufacturer of the motor vehicle;(5)"Repair facility," any motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. Source: SL 1990, ch 408, §1.
SD Codified L § 58-33-71 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-71 - Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document.

58-33-71. Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document.No insurer may specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle, nor may a repair facility or installer use non-OEM aftermarket parts to repair a vehicle, unless the consumer is advised in writing. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:(1)The written estimate shall clearly identify each such part; and(2)A disclosure document containing the following information in ten point type or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."Any violation of this section shall be enforced through the provisions of this chapter and shall be enforced by the penalties provided for in this chapter. Source: SL 1990, ch 408, §§3, 4.
SD Codified L § 58-33-74 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-74 - Gifts for advertising or promotional programs.

58-33-74. Gifts for advertising or promotional programs.Nothing in this chapter prohibits a licensed insurer or its officers or employees or an insurance producer from giving to insureds, prospective insureds, or others for advertising purposes or promotional programs, any article of merchandise having an invoice value of not more than one hundred dollars. Source: SL 1992, ch 355; SL 2001, ch 286, §210; SL 2019, ch 215, §1.