reglab/housing_qa huggingface dataset:
SD Codified L § 58-29B-143 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-143 - Payment of resident's claims against foreign or alien insurer.

58-29B-143. Payment of resident's claims against foreign or alien insurer.The court may order the director, if he has liquidated the assets of a foreign or alien insurer under this chapter, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with the provisions of this chapter. Source: SL 1989, ch 436, §143.
SD Codified L § 58-29B-144 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-144 - Domiciliary receiver, conservator, or liquidator of insurer domiciled in reciprocal state--Title vested--Date of vesting.

58-29B-144. Domiciliary receiver, conservator, or liquidator of insurer domiciled in reciprocal state--Title vested--Date of vesting.The domiciliary receiver, conservator, or liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under §58-29B-149, be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, insurance producers' balances, and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition for receivership, conservatorship, or liquidation, as the case may be, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary receiver, conservator, or liquidator may immediately recover balances due from insurance producers and obtain possession of the books, accounts, and other records of the insurer located in this state. The domiciliary receiver, conservator, or liquidator also may recover all other assets of the insurer located in this state, subject to §§58-29B-145 to 58-29B-150, inclusive. Source: SL 1989, ch 436, §144; SL 2001, ch 286, §148; SL 2008, ch 271, §2.
SD Codified L § 58-29B-145 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-145 - Domiciliary liquidator for insurer not domiciled in reciprocal state--Title vested--Timing--Petition for conservation or liquidation.

58-29B-145. Domiciliary liquidator for insurer not domiciled in reciprocal state--Title vested--Timing--Petition for conservation or liquidation.If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the director of this state shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books, accounts, and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The director of this state may petition for a conservation or liquidation order under §§58-29B-134 to 58-29B-144, inclusive, or for an ancillary receivership under §§58-29B-145 to 58-29B-148, inclusive, or after approval by the circuit court of Hughes County may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require. Source: SL 1989, ch 436, §145.
SD Codified L § 58-29B-146 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-146 - Resident claimants--With whom and when to file.

58-29B-146. Resident claimants--With whom and when to file.Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary receiver, conservator, or liquidator, if the domiciliary law permits. The claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary receivership, conservator, or liquidation proceedings. Source: SL 1989, ch 436, §146; SL 2008, ch 271, §3.
SD Codified L § 58-29B-147 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-147 - Domiciliary receiver, conservator, or liquidator appointed for alien insurer--Appointment as ancillary receiver.

58-29B-147. Domiciliary receiver, conservator, or liquidator appointed for alien insurer--Appointment as ancillary receiver.If a domiciliary receiver, conservator, or liquidator has been appointed for an insurer not domiciled in this state, the director may file a petition with the circuit court of Hughes County requesting appointment as ancillary receiver in this state:(1)If the director finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or(2)If the protection of creditors or policyholders in this state so requires. Source: SL 1989, ch 436, §147; SL 2008, ch 271, §4.
SD Codified L § 58-29B-148 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-148 - Court may appoint ancillary receiver on terms deemed appropriate--Filing--Notice imparted.

58-29B-148. Court may appoint ancillary receiver on terms deemed appropriate--Filing--Notice imparted.The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with the register of deeds in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds. Source: SL 1989, ch 436, §148.
SD Codified L § 58-29B-149 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-149 - Duties and powers of ancillary receiver when domiciliary receiver, conservator, or liquidator appointed in reciprocal state.

58-29B-149. Duties and powers of ancillary receiver when domiciliary receiver, conservator, or liquidator appointed in reciprocal state.If a domiciliary receiver, conservator, or liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary receiver, conservator, or liquidator in recovering assets of the insurer located in this state. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. The ancillary receiver shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary receiver, conservator, or liquidator. The ancillary receiver and the receiver's deputies have the same powers and duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state. Source: SL 1989, ch 436, §149; SL 2008, ch 271, §5.
SD Codified L § 58-29B-150 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-150 - Duties and powers of ancillary receivers, conservators, or liquidators when domiciliary liquidator appointed in this state.

58-29B-150. Duties and powers of ancillary receivers, conservators, or liquidators when domiciliary liquidator appointed in this state.When a domiciliary liquidator has been appointed in this state, ancillary receivers, conservators, or liquidators appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties, and powers to those provided in this chapter for ancillary receivers appointed in this state. Source: SL 1989, ch 436, §150; SL 2008, ch 271, §6.
SD Codified L § 58-29B-151 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-151 - Director may institute proceedings under §§ 58-29B-13 to 58-29B-30.

58-29B-151. Director may institute proceedings under §§58-29B-13 to 58-29B-30.The director in his sole discretion may institute proceedings under §§58-29B-13 to 58-29B-30, inclusive, at the request of the director or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state. Source: SL 1989, ch 436, §151.
SD Codified L § 58-29B-152 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-152 - Liquidation proceeding against insurer domiciled in state--Claimants residing in foreign countries or states not reciprocal--Filing.

58-29B-152. Liquidation proceeding against insurer domiciled in state--Claimants residing in foreign countries or states not reciprocal--Filing.In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states shall file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. Source: SL 1989, ch 436, §152.
SD Codified L § 58-29B-153 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-153 - Proof of claims of residents in reciprocal states.

58-29B-153. Proof of claims of residents in reciprocal states.Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in §58-29B-155, with respect to ancillary proceedings, the final allowance of claims by the court in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary state, but are not conclusive with respect to priorities against general assets under §58-29B-124. Source: SL 1989, ch 436, §153.
SD Codified L § 58-29B-154 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-154 - Proceeding in reciprocal state against domiciled insurer--Filing.

58-29B-154. Proceeding in reciprocal state against domiciled insurer--Filing.In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state, or with the domiciliary receiver, conservator, or liquidator. Claims shall be filed on or before the last dates fixed for the filing of claims in the domiciliary receivership, conservatorship, or liquidation proceeding. Source: SL 1989, ch 436, §154; SL 2008, ch 271, §7.
SD Codified L § 58-29B-155 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-155 - Proof of claims of South Dakota residents--Elections--Procedure.

58-29B-155. Proof of claims of South Dakota residents--Elections--Procedure.Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this state. If a claimant elects to prove a claim in this state, the claimant shall file the claim with the liquidator in the manner provided in §§58-29B-103 to 58-29B-111, inclusive. The ancillary receiver shall make a recommendation to the court as under §§58-29B-125 and 58-29B-126. The ancillary receiver shall also arrange a date for hearing if necessary under §§58-29B-124 and 58-29B-125 and shall give notice to the receiver, conservator, or liquidator in the domiciliary state, either by registered or certified mail or by personal service at least forty days prior to the date set for hearing. If the domiciliary receiver, conservator, or liquidator, within thirty days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by registered or certified mail or by personal service, of the receiver's intention to contest the claim, the receiver is entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. Source: SL 1982, ch 28, §18; SL 1989, ch 436, §155; SL 2008, ch 271, §8.
SD Codified L § 58-29B-156 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-156 - Final allowance by state courts conclusive as to amount and priority.

58-29B-156. Final allowance by state courts conclusive as to amount and priority.The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state. Source: SL 1989, ch 436, §156.
SD Codified L § 58-29B-157 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-157 - Attachment, garnishment, levy of execution prohibited during receivership, conservatorship, or liquidation proceedings.

58-29B-157. Attachment, garnishment, levy of execution prohibited during receivership, conservatorship, or liquidation proceedings.During the pendency in this or any other state of a receivership, conservatorship, or liquidation proceeding, whether called by those names or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution may be commenced or maintained in this state against the delinquent insurer or its assets. Source: SL 1989, ch 436, §157; SL 2008, ch 271, §9.
SD Codified L § 58-29B-158 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-158 - Domiciliary state's order of distribution controls claims of residents of this and reciprocal states.

58-29B-158. Domiciliary state's order of distribution controls claims of residents of this and reciprocal states.In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located. Source: SL 1989, ch 436, §158.
SD Codified L § 58-29B-159 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-159 - Owners of special deposit claims--Priority--Deficiencies in deposit.

58-29B-159. Owners of special deposit claims--Priority--Deficiencies in deposit.The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state has priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. Source: SL 1989, ch 436, §159.
SD Codified L § 58-29B-160 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-160 - Owner of secured claim--Elections.

58-29B-160. Owner of secured claim--Elections.The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a general creditor, or the claim may be discharged by resort to the security in accordance with §§58-29B-122 and 58-29B-123, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. Source: SL 1989, ch 436, §160.
SD Codified L § 58-29B-161 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-161 - Ancillary receiver's failure to transfer certain assets.

58-29B-161. Ancillary receiver's failure to transfer certain assets.If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under subdivision 58-29B-124(7). Source: SL 1989, ch 436, §161.
SD Codified L § 58-29C-44 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-44 - Short title.

58-29C-44. Short title.This chapter shall be known and may be cited as the South Dakota Life and Health Insurance Guaranty Association Act. Source: SL 2003, ch 252, §1.
SD Codified L § 58-29C-45 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-45 - Purpose of chapter--Creation of association.

58-29C-45. Purpose of chapter--Creation of association.A. The purpose of this chapter is to protect, subject to certain limitations, the persons specified in subpart A of §58-29C-46 against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in subpart B of §58-29C-46, because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts.B. To provide this protection, an association of member insurers is organized to pay benefits and to continue coverages as limited by this chapter, and members of the association are subject to assessment to provide funds to carry out the purpose of this chapter. Source: SL 2003, ch 252, §2; SL 2020, ch 210, § 1.
SD Codified L § 58-29C-47 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-47 - Construction of chapter.

58-29C-47. Construction of chapter.This chapter shall be construed to effect the purpose under §58-29C-45. Source: SL 2003, ch 252, §4.
SD Codified L § 58-29C-49 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-49 - Continuation of association--Membership--Function and organization--Accounts--Supervision--Meetings.

58-29C-49. Continuation of association--Membership--Function and organization--Accounts--Supervision--Meetings.A. There is hereby continued the nonprofit legal entity known as the South Dakota Life and Health Insurance Guaranty Association as created by former §58-29C-1. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved under §58-29C-53 and shall exercise its powers through a board of directors established under §58-29C-50. For purposes of administration and assessment, the association shall maintain two accounts:(1)The life insurance and annuity account which includes the following subaccounts:(a)Life insurance account; and(b)Annuity account; and(2)The health insurance account.B. The association shall come under the immediate supervision of the director and shall be subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened to the public upon majority vote of the board of directors of the association. Source: SL 2003, ch 252, §6; SL 2013, ch 252, §3.
SD Codified L § 58-29C-50 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-50 - Board of directors--Appointment and term--Vacancies--Compensation.

58-29C-50. Board of directors--Appointment and term--Vacancies--Compensation.A. The board of directors of the association shall consist of not less than seven nor more than eleven member insurers serving terms as established in the plan of operation. The insurer members of the board shall be elected by member insurers subject to the approval of the director. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the director.B. In approving selections or in appointing members to the board, the director may consider whether all member insurers are fairly represented.C. Members of the board may be reimbursed from the assets of the association for expenses incurred as members of the board of directors, but members of the board may not otherwise be compensated by the association for services rendered. Source: SL 2003, ch 252, §7; SL 2020, ch 210, § 4.
SD Codified L § 58-29C-54 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-54 - Duties and powers of director.

58-29C-54. Duties and powers of director.In addition to the duties and powers enumerated elsewhere in this chapter,A. The director shall:(1)Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer;(2)When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this chapter.B. The director may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the director may levy a forfeiture on any member insurer that fails to pay an assessment when due. The forfeiture may not exceed five percent of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars per month.C. A final action of the board of directors or the association may be appealed to the director by a member insurer if the appeal is taken within sixty days of its receipt of notice of the final action being appealed. A final action or order of the director shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to the actions or orders of the director.D. The liquidator, rehabilitator, or conservator of an impaired or insolvent insurer may notify all interested persons of the effect of this chapter. Source: SL 2003, ch 252, §11; SL 2013, ch 252, §7.