reglab/housing_qa huggingface dataset:
SD Codified L § 58-46-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-21 - Ceding or taking credit for reserves.

58-46-21. Ceding or taking credit for reserves.Any captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers complying with provisions of chapter 58-14 or 58-46. Prior approval of the director shall be required for ceding or taking credit for reserves on risks or portions of risks ceded to reinsurers not complying with chapter 58-14 or 58-46. Source: SL 1996, ch 287, §21; SL 2013, ch 257, §18.
SD Codified L § 58-46-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-22 - Rating organization.

58-46-22. Rating organization.No captive insurance company may be required to join a rating organization. Source: SL 1996, ch 287, §22.
SD Codified L § 58-46-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-23 - Contribution to plan, pool, association, or guaranty or insolvency fund prohibited.

58-46-23. Contribution to plan, pool, association, or guaranty or insolvency fund prohibited.No captive insurance company may join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in this state. No captive insurance company or its parent or affiliated entities may receive any benefit from any such plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of the captive insurance company. Source: SL 1996, ch 287, §23; SL 2013, ch 257, §19.
SD Codified L § 58-46-23.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-23.1 - Risk management services.

58-46-23.1. Risk management services.A pure or agency captive insurance company may enter into any arrangement to provide risk management services to a controlled unaffiliated business or an unaffiliated business but may not accept any insurance risk from an unaffiliated business. A trust captive insurance company may enter into any arrangement to provide risk management services to an affiliated entity and may accept insurance risk from an affiliated entity. Source: SL 2009, ch 272, §11; SL 2013, ch 257, §20; SL 2015, ch 257, §7.
SD Codified L § 58-46-23.2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-23.2 - Prohibited insurance risks.

58-46-23.2. Prohibited insurance risks.A captive insurance company may not insure:(1)Any life or health risk; or(2)Any personal lines property casualty risk. Source: SL 2013, ch 257, §21.
SD Codified L § 58-46-24 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-24 - Annual supervision fee.

58-46-24. Annual supervision fee.Each captive insurance company shall pay to the Division of Insurance an annual supervision fee of the greater of five thousand dollars or eight one-hundredths of one percent on gross premiums, less return premiums, for insurance written on all risks or property resident, situated, or located within this state, and on risks and property situated elsewhere upon which no premium tax or fee is otherwise paid during the year ending on the preceding December thirty-first. A sponsored captive company shall pay for each protected cell an additional annual supervision fee of the greater of five hundred dollars or eight hundredths of one percent on gross premiums, less return premiums, for insurance written on all risks or property resident, situated, or located within this state, and on risks and property situated elsewhere upon which no premium tax or fee is otherwise paid during the year ending on the preceding December thirty-first. The annual supervision fee shall be due and payable on or before March first of each year. If the aggregate annual supervision fees to be paid by a captive insurance company calculated under this section amount to less than five thousand dollars in any year, such captive insurance company shall pay an annual supervision fee of five thousand dollars for the year. The aggregate annual supervision fees calculated under this section may not equal more than fifty thousand dollars. Source: SL 1996, ch 287, §24; SL 2013, ch 257, §22.
SD Codified L § 58-46-25 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-25 - Application of chapter 58-29B.

58-46-25. Application of chapter 58-29B.The terms and conditions set forth in chapter 58-29B pertaining to insurers' supervision, rehabilitation, and liquidation apply to captive insurance companies formed under this chapter. Source: SL 1996, ch 287, §25.
SD Codified L § 58-46-26 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-26 - Application of Title 58.

58-46-26. Application of Title 58.No provisions of Title 58, other than those contained in this chapter or contained in specific references contained in this chapter, apply to captive insurance companies. Source: SL 1996, ch 287, §26.
SD Codified L § 58-46-28 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-28 - Sponsor of sponsored captive insurance company.

58-46-28. Sponsor of sponsored captive insurance company.A sponsor of a sponsored captive insurance company shall be any entity approved by the director. A risk retention group may not be a sponsor of a sponsored captive insurance company, and a risk retention group may be a participant of a sponsored captive insurance company only to the extent that it is the sole participant of one or more protected cells. Source: SL 2013, ch 257, §24.
SD Codified L § 58-46-29 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-29 - Participant in sponsored captive insurance company.

58-46-29. Participant in sponsored captive insurance company.Any entity may be a participant in any sponsored captive insurance company. A sponsor may be a participant in a sponsored captive insurance company. A participant need not be an owner of the sponsored captive insurance company or any affiliate thereof.Except as otherwise approved by the director, a participant may insure through a sponsored captive insurance company only its own risks and the risks of its affiliates who are participants. Source: SL 2013, ch 257, §25.
SD Codified L § 58-46-30 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-30 - Combination of assets of protected cells for purposes of investment.

58-46-30. Combination of assets of protected cells for purposes of investment.Notwithstanding the provisions of §58-46-27, a sponsored captive insurance company may combine the assets of two or more protected cells for purposes of investing those assets. Such a combination of assets may not be construed as defeating the segregation of assets for purposes of §58-46-27, or for accounting or other purposes. A sponsored captive insurance company shall comply with investment requirements as may be approved by the director upon application by a sponsored captive insurance company. Source: SL 2013, ch 257, §26.
SD Codified L § 58-46-31 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-31 - Form of application--Confidentiality of information.

58-46-31. Form of application--Confidentiality of information.The director shall prescribe the form for making an application and any application submitted shall contain such information as required. The applicant may, with approval of the director, designate confidential information.All information the director generates in making an investigation or examination of a captive insurance company is confidential. All confidential information is the property of the division but shall be furnished to the captive insurance company for its confidential use. Under no circumstances may a captive insurance company disclose a report or any supporting documentation to anyone, other than directors and officers of the captive insurance company or anyone acting in a fiduciary capacity for the captive insurance company, without written permission from the director.The director shall give ten days' prior written notice of intent to disclose confidential information to the affected captive insurance company. Any captive insurance company which receives a notice may object to the disclosure of the confidential information and shall be afforded the right to a hearing in accordance with the provisions of chapter 1-26. If a captive insurance company requests a hearing, the director may not reveal confidential information prior to the conclusion of the hearing and a ruling. Disclosure of confidential information shall be made only to formal regulatory bodies which clearly have a need for the confidential information. Prior to dissemination of any confidential information, the director shall require a written agreement not to reveal the confidential information by the party receiving the confidential information. In no event may the director disclose confidential information to the general public, any competitor, or any potential competitor of a captive insurance company, or its parents or affiliates.The submission of any information to the division in the course of any application, investigation, or examination shall not be construed as waiving, destroying, or otherwise affecting any privilege any person may claim with respect to the information under South Dakota law or federal law.For the purposes of this chapter, confidential information includes the names of stockholders, membership interest holders, or owners, ownership information, capital contributions, addresses, business affiliations, state and director findings through any examination or inquiry of any kind, and any information required to be reported or filed with the director.The provisions of this section do not apply to the disclosure of information by the director in connection with the institution and prosecution of an action against a captive insurance company under this chapter. Disclosure of confidential information may be made only to formal governmental regulatory bodies which have a need for the confidential information. Source: SL 2013, ch 257, §27.
SD Codified L § 58-46-32 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 46 - Captive Insurance Companies|Section 58-46-32 - Promulgation of rules.

58-46-32. Promulgation of rules.The director may promulgate rules pursuant to chapter 1-26 to further the provisions of this chapter. The rules may include:(1)Definition of terms;(2)Requirements for doing business;(3)Application requirements and procedures;(4)Conditions for receiving a certificate of authority;(5)Criteria for suspending or revoking a certificate of authority;(6)Organizational structure;(7)Financial condition;(8)Pooling and sharing risks; and(9)Notice requirements. Source: SL 2013, ch 257, §28.
SD Codified L § 58-47-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-1 - Definitions.

58-47-1. Definitions.Terms used in this chapter mean:(1)"Customer," any person who purchases portable electronics;(2)"Enrolled customer," any customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics;(3)"Location," any physical location in the state or any website, call center site, or similar location directed to residents of this state;(4)"Portable electronics," electronic devices and their accessories that are easily carried by a person;(5)"Portable electronics transaction," the sale or lease of portable electronics by a vendor to a customer, or the sale of a service related to the use of portable electronics by a vendor to a customer;(6)"Supervising entity," any licensed insurer, licensed business entity, or licensed insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program;(7)"Vendor," any person in the business of engaging in portable electronics transactions directly or indirectly. Source: SL 2012, ch 251, §1; SL 2017, ch 215, §1.
SD Codified L § 58-47-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-2 - Portable electronics insurance defined.

58-47-2. Portable electronics insurance defined.Portable electronics insurance is insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. It is not a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property for the operational or structural failure of property due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear, a policy of insurance covering a seller's or a manufacturer's obligations under a warranty, or a homeowner's, renter's, private passenger automobile, commercial multi-peril, or similar coverage. Source: SL 2012, ch 251, §2.
SD Codified L § 58-47-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-3 - Portable electronics license required to sell or offer portable electronics insurance coverage.

58-47-3. Portable electronics license required to sell or offer portable electronics insurance coverage.A vendor must have a portable electronics license issued pursuant to this chapter to sell or offer coverage under a policy of portable electronics insurance. A portable electronics license issued under this chapter authorizes any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions. Each supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this state. The registry shall be open to inspection by the director during regular business hours of the supervising entity. The supervising entity shall be subject to examination pursuant to the applicable provisions of chapter 58-3 and must otherwise comply with §58-33-66. Source: SL 2012, ch 251, §3.
SD Codified L § 58-47-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-4 - Brochures to be available at locations where portable electronics insurance offered--Contents.

58-47-4. Brochures to be available at locations where portable electronics insurance offered--Contents.At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available by a vendor to a prospective customer which:(1)Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of coverage;(2)State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services;(3)Summarize the material terms of the insurance coverage, including:(a)The identity of the insurer;(b)The identity of the supervising entity;(c)The amount of any applicable deductible and how it is to be paid;(d)Benefits of the coverage; and(e)Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;(4)Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and(5)State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund or credit of any applicable unearned premium. Source: SL 2012, ch 251, §4.
SD Codified L § 58-47-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-5 - Periodic basis as group or master commercial inland marine policy.

58-47-5. Periodic basis as group or master commercial inland marine policy.Portable electronics insurance may be offered on a month to month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Eligibility and underwriting standards for customers electing to enroll in coverage shall be established by the insurer for each portable electronics insurance program. Source: SL 2012, ch 251, §5.
SD Codified L § 58-47-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-6 - Insurance producer license not required for vendor employees or representatives under certain conditions.

58-47-6. Insurance producer license not required for vendor employees or representatives under certain conditions.An employee or an authorized representative of a vendor may sell or offer portable electronics insurance to a customer and is not subject to licensure as an insurance producer if:(1)The vendor obtains a portable electronics license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to this chapter;(2)The insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the sale of portable electronic insurance; and(3)No employee or authorized representative of a vendor of portable electronics may advertise, represent, or otherwise hold himself or herself out as a licensed insurance producer unless so licensed. Source: SL 2012, ch 251, §6.
SD Codified L § 58-47-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-7 - Training program for vendor employees and representatives.

58-47-7. Training program for vendor employees and representatives.The administration of the sale of portable electronics insurance includes the development of a training program for employees and authorized representatives of the vendors. The training shall be delivered to employees and authorized representatives of vendors who are directly engaged in the activity of selling or offering portable electronics insurance. The training may be provided in electronic form. However, if conducted in an electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance product that is conducted and overseen by a licensed producer of the supervising entity. Each employee and authorized representative shall receive basic instruction about the portable electronics insurance offered to customers and the disclosures required under §58-47-4. Source: SL 2012, ch 251, §7.
SD Codified L § 58-47-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-8 - Vendor permitted to collect charges for portable electronics insurance--Funds held in trust for insurer--Vendor compensation.

58-47-8. Vendor permitted to collect charges for portable electronics insurance--Funds held in trust for insurer--Vendor compensation.Any charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Each charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. A vendor billing and collecting these charges is not required to maintain these funds in a segregated account if the vendor is authorized by the insurer to hold these funds in an alternative manner and remits such amounts to the supervising entity within sixty days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. A vendor may receive compensation for billing and collection services. Source: SL 2012, ch 251, §8.
SD Codified L § 58-47-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-9 - Change in policy terms and conditions--Notice.

58-47-9. Change in policy terms and conditions--Notice.An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the vendor policyholder and enrolled customers with at least twenty days notice. If the insurer changes the terms and conditions, then the insurer shall provide the vendor policyholder with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes. Source: SL 2012, ch 251, §9.
SD Codified L § 58-47-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-10 - Termination of insurance upon twenty days notice.

58-47-10. Termination of insurance upon twenty days notice.An insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon twenty days notice for nonpayment of premium, discovery of fraud, or material misrepresentation in obtaining coverage or in the presentation of a claim under the policy. Source: SL 2012, ch 251, §10.
SD Codified L § 58-47-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-11 - Immediate termination of insurance.

58-47-11. Immediate termination of insurance.An insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy:(1)If the enrolled customer ceases to have an active service with the vendor of portable electronics; or(2)If an enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer. Source: SL 2012, ch 251, §11.
SD Codified L § 58-47-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 47 - Portable Electronics Insurance|Section 58-47-12 - Notice of termination.

58-47-12. Notice of termination.If a portable electronics insurance policy is terminated by a vendor policyholder, the vendor policyholder shall mail or deliver a written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least thirty days before the termination. Source: SL 2012, ch 251, §12.