reglab/housing_qa huggingface dataset:
SD Codified L § 58-33-121 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-121 - Certain advertisements and marketing exempt--Face-to-face meetings not exempt.

58-33-121. Certain advertisements and marketing exempt--Face-to-face meetings not exempt.For purposes of §§58-33-117 to 58-33-130, inclusive, general advertisements, direct mail and internet marketing does not constitute solicitation. Telephone marketing does not constitute solicitation if the caller explicitly and conspicuously discloses that the product concerned is life insurance and makes no statements that avoid a clear and unequivocal statement that life insurance is the subject matter of the solicitation. However, nothing in this section exempts an insurer or insurance producer from §§58-33-117 to 58-33-130, inclusive, in any in-person, face-to-face meeting established as a result of the solicitation exemptions identified in this section. Source: SL 2008, ch 272, §5.
SD Codified L § 58-33-122 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-122 - Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair.

58-33-122. Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair.The following acts or practices, if committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance, are declared to be false, misleading, deceptive, or unfair:(1)Knowingly soliciting the purchase of any life insurance product door to door or without first establishing a specific appointment for each meeting with the prospective purchaser;(2)Soliciting service members in a group or mass audience or in a captive audience where attendance is not voluntary;(3)Knowingly making appointments with or soliciting service members during their normally scheduled duty hours;(4)Making appointments with or soliciting service members in barracks, day rooms, unit areas, or transient personnel housing or other areas where the installation commander has prohibited solicitation;(5)Soliciting the sale of life insurance without first obtaining permission from the installation commander or the commander's designee;(6)Posting unauthorized bulletins, notices, or advertisements;(7)Failing to present DD Form 2885, Personal Commercial Solicitation Evaluation as of January 1, 2008, to service members solicited or encouraging service members solicited not to complete or submit the form; or(8)Knowingly accepting an application for life insurance or issuing a policy of life insurance on the life of an enlisted member of the armed forces of the United States without first obtaining for the insurer's files a completed copy of any required form which confirms that the applicant has received counseling or fulfilled any other similar requirement for the sale of life insurance established by regulations, directives, or rules of the Department of Defense or any branch of the armed forces of the United States. Source: SL 2008, ch 272, §6.
SD Codified L § 58-33-123 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-123 - Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair.

58-33-123. Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair.The following acts or practices, if committed on a military installation by an insurer or insurance producer, constitute corrupt practices or improper influences or inducements and are declared to be false, misleading, deceptive, or unfair:(1)Using Department of Defense personnel, directly or indirectly, as a representative or agent in any official or business capacity with or without compensation with respect to the solicitation or sale of life insurance to service members; or(2)Using an insurance producer to participate in any education or orientation program sponsored by the armed forces of the United States. Source: SL 2008, ch 272, §7.
SD Codified L § 58-33-125 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-125 - Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair.

58-33-125. Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair.The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair:(1)Making any representation, or using any device, title, descriptive name or identifier that has the tendency or capacity to confuse or mislead a service member into believing that the insurer, insurance producer or product offered is affiliated, connected or associated with, endorsed, sponsored, sanctioned or recommended by the United States government, the armed forces of the United States, or any state or federal agency or government entity. Examples of prohibited insurance producer titles include Battalion Insurance Counselor, Unit Insurance Advisor, Servicemen's Group Life Insurance Conversion Consultant, or Veteran's Benefits Counselor. Nothing in this subdivision prohibits a person from using a professional designation awarded after the successful completion of a course of instruction in the business of insurance by an accredited institution of higher learning. Such designations include Chartered Life Underwriter, Chartered Financial Consultant, Certified Financial Planner, Master of Science In Financial Services, or Masters of Science Financial Planning; or(2)Soliciting the purchase of any life insurance product through the use of or in conjunction with any third party organization that promotes the welfare of or assists members of the armed forces of the United States in a manner that has the tendency or capacity to confuse or mislead a service member into believing that either the insurer, insurance producer, or insurance product is affiliated, connected, or associated with, or endorsed, sponsored, sanctioned, or recommended by the United States government or the armed forces of the United States. Source: SL 2008, ch 272, §9.
SD Codified L § 58-33-126 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-126 - Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair.

58-33-126. Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair.The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair:(1)Using or describing the credited interest rate on a life insurance policy in a manner that implies that the credited interest rate is a net return on premium paid; or(2)Excluding individually issued annuities, misrepresenting the mortality costs of a life insurance product, including, stating, or implying that the product costs nothing or is free. Source: SL 2008, ch 272, §10.
SD Codified L § 58-33-127 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-127 - Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair.

58-33-127. Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair.The following acts or practices by an insurer or insurance producer regarding Servicemembers' Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI) are declared to be false, misleading, deceptive, or unfair:(1)Making any representation regarding the availability, suitability, amount, cost, exclusions, or limitations to coverage provided to a service member or dependents by SGLI or VGLI, which is false, misleading, or deceptive;(2)Making any representation regarding conversion requirements, including the costs of coverage, or exclusions or limitations to coverage of SGLI or VGLI to private insurers which is false, misleading or deceptive; or(3)Suggesting, recommending, or encouraging a service member to cancel or terminate his or her SGLI policy or issuing a life insurance policy which replaces an existing SGLI policy unless the replacement takes effect upon or after the service member's separation from the United States Armed Forces. Source: SL 2008, ch 272, §11.
SD Codified L § 58-33-128 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-128 - Certain disclosure practices considered false, misleading, deceptive, or unfair.

58-33-128. Certain disclosure practices considered false, misleading, deceptive, or unfair.The following acts or practices by an insurer and or insurance producer regarding disclosure are declared to be false, misleading, deceptive, or unfair:(1)Deploying, using, or contracting for any lead-generating materials designed exclusively for use with service members that do not clearly and conspicuously disclose that the recipient will be contacted by an insurance producer, if that is the case, for the purpose of soliciting the purchase of life insurance;(2)Failing to disclose that a solicitation for the sale of life insurance will be made when establishing a specific appointment for an in-person, face-to-face meeting with a prospective purchaser;(3)Excluding individually issued annuities, failing to clearly and conspicuously disclose the fact that the product being sold is life insurance;(4)Failing to make, at the time of sale or offer to an individual known to be a service member, the written disclosures required by section 10 of the Military Personnel Financial Services Protection Act, Pub. L. No. 109-290, as of January 1, 2008; or(5)Excluding individually issued annuities, if the sale is conducted in-person face-to-face with an individual known to be a service member, failing to provide the applicant at the time the application is taken:(a)An explanation of any free look period with instructions on how to cancel if a policy is issued; and(b)Either a copy of the application or a written disclosure. The copy of the application or the written disclosure shall clearly and concisely set out the type of life insurance, the death benefit applied for and its expected first year cost. A basic illustration that meets the requirements as adopted by rule pursuant to §58-33-5.1 is sufficient to meet this requirement for a written disclosure. Source: SL 2008, ch 272, §12.
SD Codified L § 58-33-130 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-130 - Promulgation of rules.

58-33-130. Promulgation of rules.The director may, by rules promulgated pursuant to chapter 1-26, adopt:(1)Revisions of the Internal Revenue Code and the regulations promulgated pursuant thereto which are in substantial compliance with the intent of subdivisions 58-33-119(6) and (7);(2)Revisions of the Employee Retirement and Income Security Act which are in substantial compliance with the intent of subdivision 58-33-119(7);(3)Revisions or replacement forms or instructions from the Department of Defense which are in substantial compliance with the intent of §§58-33-120 and 58-33-122; and(4)Revisions of the Military Personnel Financial Services Protection Act which are in substantial compliance with the intent of subdivision 58-33-128(4). Source: SL 2008, ch 272, §14.
SD Codified L § 58-33-131 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-131 - Employer insurance assistance program defined.

58-33-131. Employer insurance assistance program defined.For purposes of §§58-33-132 to 58-33-134, inclusive, the term, employer insurance assistance program, means a service, which is directly related to insurance purchased by an employer, that enhances that employer's ability to purchase insurance or assists in the administration of any insurance purchased by the employer. Source: SL 2009, ch 270, §1.
SD Codified L § 58-33-132 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-132 - Construction with statutes regarding rebates, discounts, and special advantages.

58-33-132. Construction with statutes regarding rebates, discounts, and special advantages.Nothing in §58-33-14 or 58-33-24 may be construed to prohibit the offering of an employer insurance assistance program by an insurance agent or an insurer to an employer if the employer insurance assistance program complies with §§58-33-133 and 58-33-134. Source: SL 2009, ch 270, §2.
SD Codified L § 58-33-133 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-133 - Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited .

58-33-133. Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited.No employer insurance assistance program may be offered by an agent unless the program is specified in writing to the employer. The employer assistance program may not consist of any monetary payments made to the employer or made on behalf of the employer for the purchase of insurance or any other goods or services. Source: SL 2009, ch 270, §3.
SD Codified L § 58-33-134 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-134 - Promulgation of rules for employer insurance assistance programs.

58-33-134. Promulgation of rules for employer insurance assistance programs.The director may promulgate rules pursuant to chapter 1-26 to establish standards for employer insurance assistance programs consistent with the provisions of §§58-33-131 to 58-33-133, inclusive. The rules shall be limited to:(1)Definition of terms;(2)Employer insurance assistance program content and marketing; and(3)Exceptions. Source: SL 2009, ch 270, §4.
SD Codified L § 58-33-135 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-135 - Unfair or deceptive practices by pharmacy benefits manager.

58-33-135. Unfair or deceptive practices by pharmacy benefits manager.The following acts or practices by a pharmacy benefits manager are declared to be false, misleading, deceptive, or unfair:(1)Prohibiting a pharmacist or pharmacy for providing cost-sharing information on the amount that a covered individual may pay for a particular prescription drug by a pharmacist or pharmacy; or(2)Penalizing a pharmacist or pharmacy for providing cost-sharing information on the amount that a covered individual may pay for a particular prescription drug by a pharmacist or pharmacy. Source: SL 2018, ch 281, §2.
SD Codified L § 58-33A-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance|Section 58-33A-1 - Applicability of chapter.

58-33A-1. Applicability of chapter.This chapter applies to all individual and group health policies which are solicited or sold in this state that are subject to chapters 58-15, 58-16, 58-17, 58-18, 58-18B, 58-37A, 58-38, 58-39, 58-40, and 58-41. However, this chapter does not apply to insurance policies and subscriber contracts subject to the medicare supplement requirements. Except for the exemptions specified in this section, this chapter applies to any solicitation, negotiation, or effectuation of life insurance occurring within this state. This chapter applies to any issuer of life insurance contracts including fraternal benefit societies. This chapter does not apply to:(1)Group annuities;(2)Credit life insurance;(3)Group life insurance (except for disclosures relating to preneed funeral contracts or prearrangements as provided by this chapter. These disclosure requirements extend to the issuance or delivery of certificates as well as to the master policy);(4)Life insurance policies issued in connection with pension and welfare plans as defined by and which are subject to the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Section 1001 et seq. as amended to January 1, 1999; or(5)Variable life insurance under which the amount or duration of the life insurance varies according to the investment experience of a separate account. Source: SL 1999, ch 240, §1; SL 2000, ch 251, §2; SL 2012, ch 250, §19.
SD Codified L § 58-33A-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance|Section 58-33A-2 - Purpose of chapter.

58-33A-2. Purpose of chapter.The purpose of this chapter is to establish guidelines and permissible and impermissible standards of conduct in the solicitation of and advertising of life and health insurance in a manner which:(1)Prevents unfair, deceptive, and misleading advertising;(2)Is conducive to accurate presentation and description to the insurance-buying public through the advertising media and material used by insurance producers and companies;(3)Provides for the full disclosure of the benefits, limitations, and exclusions of policies sold;(4)Sets forth minimum standards and guidelines to assure a full and truthful disclosure to the public of all material and relevant information in the advertising of life insurance policies and annuity contracts;(5)Requires insurers to deliver to purchasers of life insurance information which will improve the buyer's ability to select the most appropriate plan of life insurance for the buyer's needs;(6)Improves the buyer's understanding of the basic features of the policy which has been purchased or which is under consideration;(7)Improves the ability of the buyer to evaluate the relative costs of similar plans of life insurance;(8)Provides reasonable standardization and simplification of terms and coverages of health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations to facilitate public understanding and comparison;(9)Eliminates provisions contained in health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations which may be misleading or unreasonably confusing in connection either with the purchase of such coverages or with the settlement of claims; and(10)Provides for full disclosure in the sale of life or health coverages. Source: SL 1999, ch 240, §2; SL 2000, ch 251, §3; SL 2001, ch 286, §211.
SD Codified L § 58-33A-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance|Section 58-33A-3 - Advertisement determined.

58-33A-3. Advertisement determined.For the purposes of this chapter, the term, advertisement, includes:(1)Any printed and published material, audio visual material, and descriptive literature of an insurer used in direct mail, newspapers, magazines, radio scripts, TV scripts, billboards, and similar displays;(2)Any descriptive literature and sales aids of all kinds issued by an insurer, representative of the insurer, insurance producer, or solicitor for presentation to members of the insurance-buying public, including circulars, leaflets, booklets, depictions, illustrations, internet communications, form letters, and lead-generating devices of all kinds;(3)Any prepared sales talks, presentations, and material for use by representatives of the insurer, insurance producers, and solicitors whether prepared by the insurer or the representative of the insurer, insurance producer, or solicitor; and(4)Any advertising material included with a policy if the policy is delivered and material is used in the solicitation of renewals and reinstatements. Source: SL 1999, ch 240, §3; SL 2000, ch 251, §4; SL 2001, ch 286, §212.
SD Codified L § 58-33A-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance|Section 58-33A-4 - Certain material and communication not deemed to be advertisement.

58-33A-4. Certain material and communication not deemed to be advertisement.For the purposes of this chapter, the term, advertisement, does not include:(1)Any material to be used solely for the training and education of an insurer's employees, representatives, or insurance producers;(2)Any material used in-house by insurers;(3)Any communications within an insurer's own organization not intended for dissemination to the public;(4)Any individual communications of a personal nature with current policyholders other than material urging such policyholders to increase or expand coverages;(5)Any correspondence between a prospective group or blanket policyholder and an insurer in the course of negotiating a group or blanket contract;(6)Any court-approved material ordered by a court to be disseminated to policyholders; or(7)Any general announcement from a group or blanket policyholder to eligible individuals on an employment or membership list that a contract or program has been written or arranged if the announcement clearly indicates that it is preliminary to the issuance of a booklet and the announcement does not describe the benefits under the contract or program or describe advantages as to the purchase of the contract or program. Source: SL 1999, ch 240, §4; SL 2000, ch 251, §5; SL 2001, ch 286, §213.
SD Codified L § 58-33A-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance|Section 58-33A-5 - Outline of coverage to accompany all health insurance policies or subscriber contracts--Acknowledgment of receipt or certificate of delivery.

58-33A-5. Outline of coverage to accompany all health insurance policies or subscriber contracts--Acknowledgment of receipt or certificate of delivery.In order to provide for full and fair disclosure in the sale of health insurance policies or subscriber contracts of a nonprofit hospital, medical, or dental service association, no such policy or contract may be delivered or issued for delivery in this state unless the outline of coverage described in §58-33A-6 either accompanies the policy or is delivered to the applicant at the time application is made and an acknowledgment of receipt or certificate of delivery of such outline is provided the insurer. If the policy has been sold through an insurance producer, the outline of coverage shall be delivered at the time of application. If the policy is issued on a basis other than that applied for, the outline of coverage properly describing the policy or contract shall accompany the policy or contract. Source: SL 1999, ch 240, §5; SL 2001, ch 286, §214.