reglab/housing_qa huggingface dataset:
SD Codified L § 58-5B-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05B - Mutual Medical Malpractice Insurers|Section 58-5B-2 - Malpractice insurance contracts among health care providers.

58-5B-2. Malpractice insurance contracts among health care providers.Any number of physicians and surgeons, osteopaths, osteopathic physicians and surgeons, and graduate nurses, licensed to practice their profession in any of the states, and hospitals licensed under the laws of any of the states, may enter into contracts with each other for the purpose of protecting themselves by insurance against loss by reason of actions at law on account of their alleged error, mistake, negligence, or carelessness in the treatment and care of patients, including the performance of surgical operations, or in the prescribing and dispensing of drugs and medicines, or for loss by reason of damages in other respects, and to reimburse any member in case of such loss. Source: SL 1976, ch 315, §2.
SD Codified L § 58-5B-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05B - Mutual Medical Malpractice Insurers|Section 58-5B-3 - Incorporation of mutual malpractice insurers--Conflict of laws.

58-5B-3. Incorporation of mutual malpractice insurers--Conflict of laws.All domestic corporations, organized for the purpose of transacting such insurance business under the provisions of this chapter, shall incorporate under the provisions of chapter 58-5, and be regulated as mutual insurers; provided, the provisions of this chapter shall govern where in conflict with other laws or parts of laws. Source: SL 1976, ch 315, §3.
SD Codified L § 58-5B-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05B - Mutual Medical Malpractice Insurers|Section 58-5B-4 - Number of insurance applications required before certificate issued to mutual insurer.

58-5B-4. Number of insurance applications required before certificate issued to mutual insurer.No original certificate of authority shall be issued by the director of insurance until two hundred fifty applications have been received from health care providers other than hospitals, or in the case of hospitals, applications from hospitals representing fifty percent of the beds in the state or states to be affected, and until the director of insurance has satisfied himself that such mutual insurer has bona fide applications representing the number of applicants required. Source: SL 1976, ch 315, §4.
SD Codified L § 58-5B-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05B - Mutual Medical Malpractice Insurers|Section 58-5B-5 - Admission of foreign insurer to solicit applications and do business in state--Reports--Taxation--Supervision.

58-5B-5. Admission of foreign insurer to solicit applications and do business in state--Reports--Taxation--Supervision.Any mutual insurer organized under laws substantially similar to this chapter of another state, for the purpose of transacting the kind of business described in this chapter may upon application and without prior operating experience or examination, be admitted to solicit applications, and if the necessary number is obtained, do business in this state if the director finds such admission is in the public interest; and shall thereafter make all reports and be subject to taxation, examination, and supervision by the director of insurance to the same extent and in the same manner as are other foreign insurers. Source: SL 1976, ch 315, §5.
SD Codified L § 58-5C-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05C - Mutual Legal Malpractice Insurers|Section 58-5C-1 - Definition of terms.

58-5C-1. Definition of terms.Terms as used in this chapter, unless the context otherwise requires, mean:(1)"Director," the director of insurance;(2)"Legal malpractice insurance," insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of an error, omission, negligence, or malpractice in the rendering of professional service by any licensed attorney, his agents, or employees. Source: SL 1977, ch 405, §1.
SD Codified L § 58-5C-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05C - Mutual Legal Malpractice Insurers|Section 58-5C-2 - Malpractice insurance contracts among attorneys.

58-5C-2. Malpractice insurance contracts among attorneys.Any number of attorneys licensed to practice their profession in any of the states, may enter into contracts with each other for the purpose of protecting themselves by insurance against loss by reason of actions at law on account of their alleged error, mistake, negligence, or omission or malpractice in the performance of their profession, or for loss by reason of damages in other respects, and to reimburse any member in case of such loss. Source: SL 1977, ch 405, §2.
SD Codified L § 58-5C-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05C - Mutual Legal Malpractice Insurers|Section 58-5C-3 - Incorporation of mutual malpractice insurers--Conflict of laws.

58-5C-3. Incorporation of mutual malpractice insurers--Conflict of laws.All domestic corporations, organized for the purpose of transacting such insurance business under the provisions of this chapter, shall incorporate under the provisions of chapter 58-5, and be regulated as mutual insurers; provided, the provisions of this chapter shall govern where in conflict with other laws or parts of laws. Source: SL 1977, ch 405, §3.
SD Codified L § 58-5C-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05C - Mutual Legal Malpractice Insurers|Section 58-5C-4 - Number of insurance applications required before certificate issued to mutual insurer.

58-5C-4. Number of insurance applications required before certificate issued to mutual insurer.No original certificate of authority may be issued by the director of the Division of Insurance until one hundred applications have been received from licensed attorneys to be affected, and until the director has satisfied himself that such a mutual insurer has bona fide applications representing the number of applicants required. Source: SL 1977, ch 405, §4; SL 1979, ch 342.
SD Codified L § 58-5C-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 05C - Mutual Legal Malpractice Insurers|Section 58-5C-5 - Admission of foreign insurer to solicit applications and do business in state--Reports--Taxation--Supervision.

58-5C-5. Admission of foreign insurer to solicit applications and do business in state--Reports--Taxation--Supervision.Any mutual insurer organized under laws substantially similar to this chapter in another state, for the purpose of transacting the kind of business described in this chapter may upon application and without prior operating experience or examination be admitted to solicit applications, and if the necessary number is obtained, do business in the state if the director finds such admission is in the public interest; and shall thereafter make all reports and be subject to taxation, examination, and supervision by the director of insurance to the same extent and in the same manner as are other foreign insurers. Source: SL 1977, ch 405, §5.
SD Codified L § 58-6-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-1 - Certificate of authority required for transaction of insurance business--Exceptions--Violation as misdemeanor.

58-6-1. Certificate of authority required for transaction of insurance business--Exceptions--Violation as misdemeanor.No person may act as an insurer and no insurer or its insurance producers, attorneys, subscribers, or representatives may directly transact insurance in this state except as authorized by a subsisting certificate of authority issued to the insurer by the director, except as to such transactions as are expressly otherwise provided for in this title. Any violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 3, §1 (1); SL 1978, ch 359, §2; SL 2001, ch 286, §75.
SD Codified L § 58-6-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-2 - Solicitation of insurance or transacting business in another state by insurer in this state without certificate of authority prohibited--Misdemeanor.

58-6-2. Solicitation of insurance or transacting business in another state by insurer in this state without certificate of authority prohibited--Misdemeanor.No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the director authorizing it to transact the same kinds of insurance in this state. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111, ch 3, §1 (2); SL 1978, ch 359, §2.
SD Codified L § 58-6-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-3 - Preemption of field of insurance regulation by state--Licensing by political subdivisions prohibited.

58-6-3. Preemption of field of insurance regulation by state--Licensing by political subdivisions prohibited.The state hereby preempts the field of regulating insurers and their insurance producers and solicitors; and all political subdivisions of the state are prohibited from requiring of any insurer, insurance producer, or solicitor regulated under this title any authorization, permit, or registration of any kind for conducting transactions lawful under the authority granted by the state under this title. Source: SL 1966, ch 111, ch 3, §1 (3); SL 2001, ch 286, §76.
SD Codified L § 58-6-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-4 - Activities excepted from certificate of authority requirements.

58-6-4. Activities excepted from certificate of authority requirements.A certificate of authority shall not be required of an insurer with respect to the following:(1)Investigation, settlement, or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this state;(2)Transactions thereunder subsequent to issuance of a policy covering only subjects of insurance not resident, located or expressly to be performed in this state at time of issuance, and lawfully solicited, written and delivered outside this state;(3)Transactions pursuant to surplus lines coverages lawfully written under the chapter of this title relating to surplus lines;(4)Reinsurance, when transacted by an insurer duly authorized by its state of domicile to transact the kind of insurance involved;(5)The continuation and servicing of life insurance or health insurance policies or annuity contracts remaining in force as to residents of this state if the insurer has withdrawn from the state and is not transacting new insurance therein. Source: SL 1966, ch 111, ch 3, §2.
SD Codified L § 58-6-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-5 - Foreign insurer--Investments in state without a certificate of authority.

58-6-5. Foreign insurer--Investments in state without a certificate of authority.A foreign insurer may make investments in this state without a certificate of authority as provided by §58-6-1. Such an insurer shall not be subject to any other provisions of this title. Source: SL 1966, ch 111, ch 3, §3.
SD Codified L § 58-6-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-6 - Eligibility of insurer for certificate of authority.

58-6-6. Eligibility of insurer for certificate of authority.To qualify for and hold authority to transact insurance in this state, an insurer must be otherwise in compliance with this title and with its charter provisions, and must be an incorporated stock insurer, or an incorporated mutual insurer, or a reciprocal insurer, of the same general type as may be formed as a domestic insurer under this title. Source: SL 1966, ch 111, ch 3, §4.
SD Codified L § 58-6-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-7 - Eligibility of insurer for certificate of authority--Necessity for maintenance of required reserves.

58-6-7. Eligibility of insurer for certificate of authority--Necessity for maintenance of required reserves.No insurer shall be authorized to transact insurance in this state which does not maintain reserves as required by the chapter of this title relating to assets and liabilities, applicable to the kinds of insurance transacted by such insurer, wherever transacted in the United States. Source: SL 1966, ch 111, ch 3, §4 (1).
SD Codified L § 58-6-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-8 - Denial of authority to engage in business when contrary to public interest--Denial when managed by unqualified personnel--Affiliates.

58-6-8. Denial of authority to engage in business when contrary to public interest--Denial when managed by unqualified personnel--Affiliates.The director, after a hearing, shall not grant or continue authority to engage in the insurance business in this state of any insurer when contrary to public interest or when the principal management personnel of such insurer is found by him to be untrustworthy or not of good character, or so lacking in insurance company managerial experience as to make the proposed operation hazardous to the insurance-buying public or to its stockholders; or which he has good reason to believe is affiliated directly or indirectly through ownership, control, management, reinsurance transactions, or other insurance or business relations, with any person or persons whose business operations, to the detriment of insurers, stockholders, or creditors, are or have been marked by manipulation of assets, accounts, or reinsurance, or by bad faith. Source: SL 1966, ch 111, ch 3, §4 (2).
SD Codified L § 58-6-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-9 - Continuance of authorization of prior authorized mutual and stock insurers--Participating policyholders--Quorum--Proxies--Issuance of nonvoting participating policies.

58-6-9. Continuance of authorization of prior authorized mutual and stock insurers--Participating policyholders--Quorum--Proxies--Issuance of nonvoting participating policies.Any mutual and stock insurer authorized on July 1, 1966, to transact insurance in this state shall be eligible to continue such authorization if otherwise in compliance with this title and its charter provisions. As to any such domestic insurer, each holder of a policy of insurance who is entitled to participate in profits and savings, shall be entitled to participate and vote at all meetings of stockholders and to cast the same number of votes which he was entitled to cast under the articles of incorporation and bylaws of such insurer on July 1, 1966. At all such meetings, to constitute a quorum of such participating policyholders, there shall be present in person or by proxy at least ten percent of the total of such participating policyholders. Solicitation of proxies from such participating policyholders shall be subject to the same regulations and restrictions as apply to a domestic mutual insurer. Except as hereinbefore otherwise provided, such an insurer shall in all respects be subject to all laws regulating stock companies.Any mutual and stock company authorized and doing business pursuant to this section may issue nonvoting participating policies. The issuance of such nonvoting participating policies may not affect the voting rights of holders of participating policies issued by a mutual and stock company pursuant to the first paragraph of this section. Source: SL 1966, ch 111, ch 3, §4 (3); SL 1981, ch 358.
SD Codified L § 58-6-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-10 - Governmentally owned insurers prohibited--Exceptions.

58-6-10. Governmentally owned insurers prohibited--Exceptions.Except for instrumentalities of the United States government, no insurer, the voting control or ownership of which is held in whole or substantial part by any government or governmental agency, or which is operated for or by any such government or agency, may transact insurance in this state, unless, upon verified application by the insurer, the director finds that:(1)The insurer is not subject to any form of subsidy that would enable it to compete unfairly with domestic insurers;(2)The insurer is not subject to governmental practices that discriminate on the basis of race, color, creed, or national origin;(3)The ownership or financial control does not create the presence of any sovereign immunity in the insurer;(4)The insurer has agreed to waive sovereign immunity as a defense should it exist for any action by or against the director pursuant to the director's regulatory authority under Title 58;(5)The insurer has agreed that it will exhaust all administrative remedies and will neither commence in, nor remove to, federal court any action by or against the director pursuant to the director's regulatory authority under Title 58;(6)Appropriate measures and controls exist to avoid security problems resulting from an insurer's access to confidential information and data of its insured; and(7)The ownership or financial control does not result in substantial or undue influence being asserted over the insurer.Membership in a mutual insurer, or subscribership in a reciprocal insurer, or ownership of stock of an insurer by the alien property custodian or similar official of the United States, or supervision of an insurer by public insurance supervisory authority does not constitute ownership, control, or operation of the insurer for the purposes of this section. Nothing contained in this section prohibits or affects self insurance by school districts as provided in §13-10-3, or by municipalities as provided in §9-14-30. The failure of any applicant under this section to submit all information requested by the director pursuant to this section and the director's regulatory authority under Title 58 relevant to any finding to be made under this section is sufficient to deny the application. Source: SL 1966, ch 111, ch 3, §5; SL 1978, ch 49, §5; SL 1997, ch 284, §1.
SD Codified L § 58-6-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-11 - Readmission to state as an authorized insurer--Requirements--Payment of back premium taxes.

58-6-11. Readmission to state as an authorized insurer--Requirements--Payment of back premium taxes.In addition to other applicable requirements therefor, no insurer, formerly authorized in this state and again seeking admission to this state as an authorized insurer, shall be so authorized unless the insurer, as part of its application for such authority, includes a written statement, duly sworn to by at least two of its executive officers, of all premiums received by the insurer with respect to insurance on subjects of insurance resident, located or to be performed in this state, subsequent to its previous withdrawal for any cause from this state, and pays to the state a premium tax thereon at the same rate and in the same amount as the insurer would have paid on such premiums had it continued to be an authorized insurer in this state during the period between its withdrawal and its reapplication for authority. Source: SL 1966, ch 111, ch 3, §6 (1).
SD Codified L § 58-6-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-12 - Unauthorized insurers--Application of insurer violating insurance laws for authority to transact insurance in state--Payment of back premium taxes.

58-6-12. Unauthorized insurers--Application of insurer violating insurance laws for authority to transact insurance in state--Payment of back premium taxes.Any insurer, not before authorized in this state, which, within three years prior to its application for authority to transact insurance in South Dakota, transacted insurance in violation of the laws of South Dakota, may not be granted authority unless it is otherwise fully qualified. In addition, it shall file with the director of the Division of Insurance a written statement, sworn to by two of its executive officers, of all premiums received by it during the three years with respect to insurance on subjects resident, located or to be performed in South Dakota, and shall pay to the director, as an additional fee for the filing of its application for a certificate of authority, an amount of money equal to the premium tax which it would have paid if it had been an authorized insurer in this state throughout that period, plus interest thereon at the Category D rate of interest as established in §54-3-16. Source: SL 1966, ch 111, ch 3, §6 (2); SL 1983, ch 28, §66; SL 1984, ch 319, §32.
SD Codified L § 58-6-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-13 - Foreign insurance companies--Compliance with requirements for admission to do business in state--Waiver.

58-6-13. Foreign insurance companies--Compliance with requirements for admission to do business in state--Waiver.No foreign insurance company may be admitted to do business in the State of South Dakota until it has fully complied with the following requirements, in addition to such other requirements as may be specifically provided:(1)Such company shall have had two continuous calendar years of operating experience as of the date of application to do business in this state; and(2)Shall have been examined within the thirty-six months next preceding the date of application to do business in this state; and(3)Shall fully satisfy any retaliatory requirements imposed by the laws and regulations which the applying company's state of incorporation imposes upon South Dakota insurance companies seeking admission to such state.Subdivisions (1) and (2) do not apply to a company which is a wholly owned subsidiary, or which is the successor in interest, through merger or consolidation, of an insurer which is an authorized insurer in this state or to a company which satisfies the director that it is in fact a continuation of an older organization. The director may waive the provisions of subdivisions (1) and (2) if a special need or circumstance, as determined by the director, can be demonstrated. Source: SL 1966, ch 111, ch 3, §7; SL 1988, ch 389.
SD Codified L § 58-6-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-14 - Use of deceptively similar name prohibited.

58-6-14. Use of deceptively similar name prohibited.No insurer shall be formed or authorized to transact insurance in this state which has or uses a name or principal identifying name factor which is the same as or deceptively similar to that of another insurer earlier so authorized. Source: SL 1966, ch 111, ch 3, §8 (1).