reglab/housing_qa huggingface dataset:
SD Codified L § 58-29B-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-17 - Hearings--Notice and procedure.

58-29B-17. Hearings--Notice and procedure.The notice of hearing under §58-29B-13.1 and any order issued pursuant to that section shall be served upon the insurer pursuant to the applicable rules of civil or administrative procedure. The notice of hearing shall state the time and place of hearing, and the conduct, condition, or ground upon which the director would base his order. Unless mutually agreed between the director and the insurer, the hearing shall occur no less than ten days nor more than thirty days after notice is served and shall be in Hughes County or such other location as may be designated by the director. All hearings shall be private, unless the insurer requests a public hearing. Source: SL 1989, ch 436, §17.
SD Codified L § 58-29B-18 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-18 - Request for hearing--Request not to stay order.

58-29B-18. Request for hearing--Request not to stay order.Any insurer subject to an order under §58-29B-14 may request a hearing to review that order. Such a hearing shall be held as provided in §58-29B-17, but the request for a hearing may not stay the effect of the order. Source: SL 1989, ch 436, §18.
SD Codified L § 58-29B-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-19 - Waiver of hearing--Application for judicial relief--Judicial review of order after hearing.

58-29B-19. Waiver of hearing--Application for judicial relief--Judicial review of order after hearing.If the director issues an order under §58-29B-14, the insurer may, at any time, waive a director's hearing and apply for immediate judicial relief by means of any remedy afforded by law without first exhausting administrative remedies. If a hearing is held subsequent to the hearing, any party to the proceedings whose interests are substantially affected shall be entitled to judicial review of any order issued by the director. Source: SL 1989, ch 436, §19.
SD Codified L § 58-29B-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-20 - Requests for review of supervisor's actions.

58-29B-20. Requests for review of supervisor's actions.During the period of supervision the insurer may request the director to review an action taken or proposed to be taken by the supervisor, specifying wherein the action complained of is believed not to be in the best interest of the insurer. Source: SL 1989, ch 436, §20.
SD Codified L § 58-29B-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-21 - Violation of supervision order--Penalty.

58-29B-21. Violation of supervision order--Penalty.If any person has violated any supervision order issued under this chapter, he is liable to pay a civil penalty imposed by the circuit court of Hughes County not to exceed ten thousand dollars. Source: SL 1989, ch 436, §21.
SD Codified L § 58-29B-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-22 - Application for necessary orders to enforce supervision order.

58-29B-22. Application for necessary orders to enforce supervision order.The director may apply for and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to enforce a supervision order. Source: SL 1989, ch 436, §22.
SD Codified L § 58-29B-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-23 - Violation of valid orders--Personal liability for losses suffered by insurer--Commencement of action.

58-29B-23. Violation of valid orders--Personal liability for losses suffered by insurer--Commencement of action.In the event that any person, subject to the provisions of this chapter, including those persons described in §58-29B-9 shall knowingly violate any valid order of the director issued under §§58-29B-13.1 to 58-29B-23, inclusive, and, as a result of such violation, the net worth of the insurer shall be reduced or the insurer shall suffer loss it would not otherwise have suffered, that person shall be personally liable to the insurer for the amount of any such reduction or loss. The director or supervisor may bring an action on behalf of the insurer in the circuit court of Hughes County to recover the amount of the reduction or loss together with any costs. Source: SL 1989, ch 436, §23.
SD Codified L § 58-29B-24 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-24 - Authority to file petition for seizure order--Grounds.

58-29B-24. Authority to file petition for seizure order--Grounds.For domestic insurers the director may file in the circuit court of Hughes County a petition for a seizure order:(1)That there exist any grounds that would justify a court order for a formal delinquency proceeding against an insurer under this chapter;(2)That the interest of policyholders, creditors, or the public will be endangered by delay; and(3)The contents of an order deemed necessary by the director. Source: SL 1989, ch 436, §24.
SD Codified L § 58-29B-25 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-25 - Ex parte issuance of seizure order--Costs.

58-29B-25. Ex parte issuance of seizure order--Costs.Upon a filing under §58-29B-24, the court may issue forthwith, ex parte and without a hearing, the requested order which shall direct the director to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business, and until further order of the court enjoin the insurer and its officers, managers, representatives, insurance producers, and employees from disposition of its property and from transaction of its business except with the written consent of the director. All costs and expenses incurred by the Division of Insurance, including attorney fees, associated with taking possession of the property, books, accounts, documents, and other records of the insurer and the business premises are the responsibility of the insurer and shall be paid from the insurer's funds and assets. The court may require an accounting of the costs and expenses. Source: SL 1989, ch 436, §25; SL 1991, ch 404, §2; SL 2001, ch 286, §141.
SD Codified L § 58-29B-26 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-26 - Duration of order--Hearing to extend, shorten or modify--Vacation of order.

58-29B-26. Duration of order--Hearing to extend, shorten or modify--Vacation of order.The court shall specify in the order under §58-29B-25 its duration which shall be such time as the court deems necessary for the director to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it considers desirable after such notice as it deems appropriate, and may extend, shorten, or modify the terms of the seizure order. The court may vacate the seizure order if the director fails to commence rehabilitation or liquidation proceedings under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall vacate the seizure order. Source: SL 1989, ch 436, §26.
SD Codified L § 58-29B-27 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-27 - Entry of order not anticipatory breach of insurer's contracts.

58-29B-27. Entry of order not anticipatory breach of insurer's contracts.Entry of a seizure order under §§58-29B-24 to 58-29B-26, inclusive, does not constitute an anticipatory breach of any contract of the insurer. Source: SL 1989, ch 436, §27.
SD Codified L § 58-29B-28 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-28 - Petition for review of order--Procedure.

58-29B-28. Petition for review of order--Procedure.An insurer subject to an ex parte order under §58-29B-25 may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold the hearing and review the order within fifteen days of the date of the request. A hearing under this section may be held privately in chambers and it shall be so held if the insurer proceeded against so requests. Source: SL 1989, ch 436, §28.
SD Codified L § 58-29B-29 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-29 - Notice to persons not present at hearing--Effect on previously issued order.

58-29B-29. Notice to persons not present at hearing--Effect on previously issued order.If, at any time after the issuance of an order under §58-29B-25, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given does not stay the effect of any order previously issued by the court. Source: SL 1989, ch 436, §29.
SD Codified L § 58-29B-30 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-30 - Records to remain confidential--Exceptions.

58-29B-30. Records to remain confidential--Exceptions.In any proceeding and judicial review thereof under the provisions of §§58-29B-13.1 to 58-29B-29, inclusive, all records of the insurer, other documents, and all Division of Insurance files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless the circuit court of Hughes County, after hearing arguments from the parties in chambers, shall order otherwise, or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the circuit court of Hughes County shall be held by him in a confidential file. Source: SL 1989, ch 436, §30.
SD Codified L § 58-29B-32 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-32 - Order of rehabilitation--Contents--Effect of filing or recording--Vesting of title--Accounting required.

58-29B-32. Order of rehabilitation--Contents--Effect of filing or recording--Vesting of title--Accounting required.Except for good cause shown, an order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall be issued within ten days of the hearing on the order to show cause and shall contain an appointment of the director and his successors in office as the rehabilitator, and shall direct the rehabilitator forthwith to take possession of the assets of the insurer, and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the circuit court of Hughes County or register of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator. Any order issued under this section shall require an accounting to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less than semiannually. Entry of an order of rehabilitation does not constitute an anticipatory breach of any contracts of the insurer nor may it be grounds for retroactive revocation or cancellation of any contracts of the insurer, unless revocation or cancellation is done by the rehabilitator pursuant to §§58-29B-32.1 to 58-29B-35, inclusive. Each accounting shall include a report from the rehabilitator on whether a plan pursuant to §58-29B-35 is being prepared and, if so, the timetable for the preparation. Source: SL 1989, ch 436, §32; SL 1992, ch 351, §2.
SD Codified L § 58-29B-32.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-32.1 - Appointment of deputies--Powers and responsibilities--Employment of counsel, clerks and assistants--Compensation--Advisory committee.

58-29B-32.1. Appointment of deputies--Powers and responsibilities--Employment of counsel, clerks and assistants--Compensation--Advisory committee.The director as rehabilitator may appoint one or more special deputies, who shall have all the powers and responsibilities of the rehabilitator granted under this section, and the director may employ such counsel, clerks, and assistants as he considers necessary. The compensation of the special deputy, counsel, or clerks and assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the director, with the approval of the court and shall be paid out of the funds or assets of the insurer. Any persons appointed under this section shall serve at the pleasure of the director. In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the director, with the approval of the secretary of the Department of Labor and Regulation, may advance the costs so incurred out of any appropriation for the maintenance of the Division of Insurance. Any amounts so advanced for expenses of administration shall be repaid to the director for the use of the Division of Insurance out of the first available money of the insurer. The director may, with the approval of the court, appoint an advisory committee of policyholders, claimants or other creditors including guaranty associations. The committee shall serve at the pleasure of the director and shall serve without compensation other than reimbursement for reasonable travel and per diem expenses. No other committee of any nature may be appointed by the director or the court in rehabilitation. Source: SL 1989, ch 436, §32A; SL 1992, ch 351, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 58-29B-32.2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-32.2 - Promulgation of rules for appointing committees.

58-29B-32.2. Promulgation of rules for appointing committees.The director may promulgate rules pursuant to chapter 1-26 for appointing committees pursuant to §§58-29B-32.1 and 58-29B-46 and establishing the duties to be performed by such committees. Source: SL 1992, ch 351, §14.
SD Codified L § 58-29B-33 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-33 - Authority of rehabilitator to reform and revitalize issuer.

58-29B-33. Authority of rehabilitator to reform and revitalize issuer.The rehabilitator may take any action he considers appropriate to reform and revitalize the insurer. He shall have all the powers of the directors, officers, and managers, whose authority shall be suspended, except as they are redelegated by the rehabilitator. He may direct and manage, hire and discharge employees subject to any contract rights they may have, and deal with the property and business of the insurer. Source: SL 1989, ch 436, §33.
SD Codified L § 58-29B-34 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-34 - Authority to pursue legal remedies on insurer's behalf.

58-29B-34. Authority to pursue legal remedies on insurer's behalf.If it appears to the rehabilitator that there has been criminal or tortious conduct, or breach of any contractual or fiduciary obligation detrimental to the insurer by any officer, manager, representative, insurance producer, employee, or other person, the rehabilitator may pursue all appropriate legal remedies on behalf of the insurer. Source: SL 1989, ch 436, §34; SL 2001, ch 286, §142.
SD Codified L § 58-29B-35 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-35 - Rehabilitator's plan for transformation--Application and grounds for approval--Procedure upon approval.

58-29B-35. Rehabilitator's plan for transformation--Application and grounds for approval--Procedure upon approval.If the rehabilitator determines that reorganization, consolidation, conversion, reinsurance, merger, sale, or other transformation of the insurer is appropriate, he shall prepare a plan to effect such changes. Upon application of the rehabilitator for approval of the plan, and after such notice and hearings as the court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, the plan proposed may include the imposition of liens upon the policies of the company, if all rights of shareholders are first relinquished. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies, for such period and to such an extent as may be necessary. The rehabilitator may under §§58-29B-61 to 58-29B-65, inclusive, avoid fraudulent transfers. Source: SL 1989, ch 436, §35; SL 1991, ch 404, §4.
SD Codified L § 58-29B-36 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-36 - Disposition of actions in which insurer a party pending when rehabilitation order entered.

58-29B-36. Disposition of actions in which insurer a party pending when rehabilitation order entered.Any court in this state before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays if necessary to protect the estate of the insurer. Source: SL 1989, ch 436, §36.
SD Codified L § 58-29B-37 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-37 - Petition for appointment of rehabilitator--Suspension of statute of limitations, laches--Time period for commencement of actions ripe when petition is filed.

58-29B-37. Petition for appointment of rehabilitator--Suspension of statute of limitations, laches--Time period for commencement of actions ripe when petition is filed.No statute of limitations or defense of laches may run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action by or against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty days after the order of rehabilitation is entered or the petition is denied. Source: SL 1989, ch 436, §37.
SD Codified L § 58-29B-38 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-38 - Guaranty associations--Standing to appear in rehabilitation proceedings.

58-29B-38. Guaranty associations--Standing to appear in rehabilitation proceedings.Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation. Source: SL 1989, ch 436, §38.
SD Codified L § 58-29B-39 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-39 - Rehabilitation futile--Petition for liquidation--Effect--Court to permit directors or insurers to defend.

58-29B-39. Rehabilitation futile--Petition for liquidation--Effect--Court to permit directors or insurers to defend.If the director believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public, or would be futile, the director may petition the circuit court of Hughes County for an order of liquidation. A petition under this section has the same effect as a petition under §58-29B-41. The circuit court of Hughes County shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer of such costs and other expenses of defense as justice may require. If the insurer is insolvent, the court shall issue an order for liquidation and shall set a hearing to determine the issues being asserted by the directors. Source: SL 1989, ch 436, §39; SL 1992, ch 351, §15.
SD Codified L § 58-29B-40 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29B - Insurers Supervision, Rehabilitation And Liquidation|Section 58-29B-40 - Termination of rehabilitation--Procedure--Payment of costs.

58-29B-40. Termination of rehabilitation--Procedure--Payment of costs.The rehabilitator or directors may at any time petition the circuit court of Hughes County for an order terminating rehabilitation of an insurer. The court may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the court finds that rehabilitation has been accomplished and that grounds for rehabilitation under §58-29B-31 no longer exist, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also on its own motion make that finding and issue an order terminating rehabilitation. Source: SL 1989, ch 436, §40.