reglab/housing_qa huggingface dataset:
SD Codified L § 58-11-36 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-36 - Assignment of policies.

58-11-36. Assignment of policies.A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or health policy, whether heretofore or hereafter issued, under the terms of which the beneficiary may be changed upon the sole request of the insured or owner, may be assigned either by pledge or transfer of title, by an assignment executed by the insured or owner alone and delivered to the insurer, whether or not the pledgee or assignee is the insurer. Any such assignment shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment, until the insurer has received at its home office written notice of termination of the assignment or pledge, or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment. Source: SL 1966, ch 111, ch 22, §27.
SD Codified L § 58-11-37 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-37 - Policy not complying with statutory form--Validity--Construction.

58-11-37. Policy not complying with statutory form--Validity--Construction.A policy delivered or issued after June 30, 1966, for delivery to any person in this state in violation of this title, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in this title. Source: SL 1966, ch 111, ch 22, §22 (1).
SD Codified L § 58-11-38 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-38 - Policy, rider, or endorsement containing condition, omission or provision not in compliance with requirements--Validity--Construction.

58-11-38. Policy, rider, or endorsement containing condition, omission or provision not in compliance with requirements--Validity--Construction.Any insurance policy, rider, or endorsement issued after June 30, 1966, and otherwise valid which contains any condition, omission or provision not in compliance with the requirements of this title, shall not be thereby rendered invalid but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with this title. Source: SL 1966, ch 111, ch 22, §22 (2).
SD Codified L § 58-11-39 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-39 - Construction of insurance contract--Terms and conditions--Modification by rider, endorsement, or application made part of policy.

58-11-39. Construction of insurance contract--Terms and conditions--Modification by rider, endorsement, or application made part of policy.Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application lawfully made a part of the policy. Source: SL 1966, ch 111, ch 22, §23.
SD Codified L § 58-11-40 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-40 - Application for life or health insurance as evidence--Annuity contract--Copy made a part of policy--Inapplicable to industrial life policy.

58-11-40. Application for life or health insurance as evidence--Annuity contract--Copy made a part of policy--Inapplicable to industrial life policy.No application for the issuance of any life or health insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued. This provision shall not apply to industrial life insurance policies. Source: SL 1966, ch 111, ch 22, §11 (1).
SD Codified L § 58-11-41 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-41 - Application for reinstatement or renewal of life or health insurance--Copy requested by insured--Effect of noncompliance by insurer.

58-11-41. Application for reinstatement or renewal of life or health insurance--Copy requested by insured--Effect of noncompliance by insurer.If any policy of life or health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within thirty days after receipt of such request at its home office, deliver or mail to the person making such request a copy of such application reproduced by any legible means. If such copy is not so delivered or mailed after having been so requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. In the case of such a request from a beneficiary, the time within which the insurer is required to furnish a copy of such application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's vested interest in the policy or contract. Source: SL 1966, ch 111, ch 22, §11 (2).
SD Codified L § 58-11-42 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-42 - Alteration of application for life or health insurance--Written consent of applicant--Insertions by insurer.

58-11-42. Alteration of application for life or health insurance--Written consent of applicant--Insertions by insurer.No alteration of an application for any life or health insurance policy shall be made by any person other than the applicant without the applicant's written consent. However, insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate that such insertions are not to be ascribed to the applicant. Any change to an application for administrative purposes is an addition to an application made in conjunction with the processing of the application and does not include the altering of coverage amounts, types, options selected by the applicant, or the altering of any other information provided by the applicant. Source: SL 1966, ch 111, ch 22, §10; SL 2012, ch 243, §1.
SD Codified L § 58-11-43 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-43 - Application for insurance other than life or health--Use as evidence--Failure to furnish copy to insured.

58-11-43. Application for insurance other than life or health--Use as evidence--Failure to furnish copy to insured.As to kinds of insurance other than life or health insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at expiration of thirty days after receipt by the insurer of written demand therefor by or on behalf of the insured, to furnish to the insured a copy of such application reproduced by any legible means. Source: SL 1966, ch 111, ch 22, §11 (3).
SD Codified L § 58-11-44 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-44 - Application for insurance or annuity--Statements by insured deemed representations--Omissions, concealment, and incorrect statements preventing recovery.

58-11-44. Application for insurance or annuity--Statements by insured deemed representations--Omissions, concealment, and incorrect statements preventing recovery.All statements and descriptions in any application for an insurance policy, certificate, or annuity contract, by or on behalf of the insured or annuitant, shall be deemed to be representations and not warranties. No misrepresentation, omission, concealment of fact, or incorrect statement prevents a recovery under the policy or contract unless:(1)Fraudulent or an intentional misrepresentation of a material fact; or(2)Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or(3)The insurer in good faith would either not have issued the policy or contract, or would not have issued it at the same premium rate, or would not have issued a policy or contract in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise.With respect to any health insurance policy or certificate, subdivisions (2) and (3) of this section only apply to excepted benefits.No applicant, insured, or annuitant may be asked to warranty or certify whether or not the applicant, insured, or annuitant is insurable. Source: SL 1966, ch 111, ch 22, §12; SL 2011, ch 214, §1.
SD Codified L § 58-11-44.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-44.1 - Unanswered questions no basis for denial of recovery unless insurer demanded answers.

58-11-44.1. Unanswered questions no basis for denial of recovery unless insurer demanded answers.Questions on an application for a life or health insurance policy or annuity contract which are not answered shall not serve as a basis for denying recovery pursuant to subdivisions 58-11-44(1) to (3), inclusive, unless the insurer challenges the same and demands an answer within ninety days from receipt of the application. Source: SL 1974, ch 310.
SD Codified L § 58-11-44.2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-44.2 - Requests for information and actions based on applicant's failure to meet insurer's underwriting requirements permissible.

58-11-44.2. Requests for information and actions based on applicant's failure to meet insurer's underwriting requirements permissible.Nothing in §58-11-44 prohibits an insurer or an insurer's representative from:(1)Requesting information from an applicant for the purpose of determining that applicant's insurability; or(2)Underwriting an application or declining coverage based upon that applicant's failure to meet the insurer's underwriting requirements. Source: SL 2011, ch 214, §2.
SD Codified L § 58-11-45.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-45.1 - Reporting agencies and persons listed with director.

58-11-45.1. Reporting agencies and persons listed with director.The director of the Division of Insurance may require companies issuing policies to which §§58-11-45 to 58-11-54, inclusive, are applicable to file with him the names and addresses of reporting agencies or persons of the nature described in §58-11-45.3 and the geographical areas for which these reporting agencies or persons provide such service. Source: SL 1970, ch 270, §1.
SD Codified L § 58-11-45.2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-45.2 - Applicant for liability insurance not to be prejudiced by false reports.

58-11-45.2. Applicant for liability insurance not to be prejudiced by false reports.No applicant for insurance seeking a policy for coverage of a motor vehicle as that term is defined in subdivision 58-11-45(5) shall be disadvantaged in his attempt to secure proof of financial responsibility required by chapter 32-35 by reason of any false, mistaken, or malicious report given to an insurer and by it considered in connection with his application. Source: SL 1970, ch 270, §1.
SD Codified L § 58-11-45.3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-45.3 - Informant to be identified if insurance refused--Violation as misdemeanor.

58-11-45.3. Informant to be identified if insurance refused--Violation as misdemeanor.If an applicant for such insurance has made a full disclosure to the insurance producer of the insurer in response to the insurance producer's inquiry and the application is tendered with premium, the insurer, if it fails or refuses to issue the policy based upon information other than the insurance producer's recommendation, shall notify the insurance producer and the applicant of the name and location of the person or agency upon which such insurer relied as a basis for its failure or refusal to insure. Any violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 270, §1; SL 1978, ch 359, §2; SL 2001, ch 286, §104.
SD Codified L § 58-11-46 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-46 - Notice of cancellation of automobile policy--Reasons for cancellation.

58-11-46. Notice of cancellation of automobile policy--Reasons for cancellation.A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:(1)Nonpayment of premium;(2)The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty days immediately preceding its effective date; or(3)For any person who is insured based upon participation in the 24/7 sobriety program and who is no longer a participant in the 24/7 sobriety program due to noncompliance with the 24/7 sobriety program.This section shall not apply to nonrenewal. Source: SL 1968, ch 138, §2 (A), (D); SL 2009, ch 260, §1.
SD Codified L § 58-11-47 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-47 - Reasons for cancellation not applicable to automobile policy in effect less than sixty days--Application of notice provisions to policies.

58-11-47. Reasons for cancellation not applicable to automobile policy in effect less than sixty days--Application of notice provisions to policies.The provisions of §58-11-46 do not apply to any policy or coverage that has been in effect less than sixty days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy. The notice provisions of §58-11-49 apply to any policy for which notice to cancel is given prior to sixty days from the policy effective date. A policy that has been in effect for less than sixty days may be cancelled for any reason if the notice is given prior to the expiration of sixty days from the policy effective date. Source: SL 1968, ch 138, §2 (B); SL 2004, ch 298, §1.
SD Codified L § 58-11-48 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-48 - Modification of automobile physical damage coverage not deemed cancellation.

58-11-48. Modification of automobile physical damage coverage not deemed cancellation.Modification of automobile physical damage coverage by the inclusion of a deductible not exceeding one hundred dollars shall not be deemed a cancellation of the coverage or of the policy. Source: SL 1968, ch 138, §2 (C).
SD Codified L § 58-11-49 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-49 - Time for mailing or delivery of notice of cancellation of automobile policy--Provision for statement of reason for cancellation.

58-11-49. Time for mailing or delivery of notice of cancellation of automobile policy--Provision for statement of reason for cancellation.No notice of cancellation of an insurance policy specified in §58-11-46 is effective unless mailed or delivered by the insurer to the named insured at least twenty days before the effective cancellation date. However, if cancellation is for nonpayment of premium the insurer shall mail or deliver notice of cancellation with the reason for cancelling at least twenty days before the effective cancellation date. Unless the reason for cancelling accompanies or is stated in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that the insured may receive the reason for cancellation if he mails or delivers a written request to the insurer.This section does not apply to nonrenewal. Source: SL 1968, ch 138, §3; SL 1983, ch 372, §2.
SD Codified L § 58-11-50 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-50 - Request of insured for reason for cancellation.

58-11-50. Request of insured for reason for cancellation.Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall upon written request of the named insured, mailed or delivered to the insurer not less than fifteen days prior to the effective date of cancellation, specify in writing the reason for such cancellation. Such reason shall be mailed or delivered to the named insured within five days after receipt of such request. Source: SL 1968, ch 138, §7.
SD Codified L § 58-11-51 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-51 - Notice of nonrenewal of automobile policy--Time for notice--Exceptions to requirement for notice--Renewal not waiver of grounds for cancellation.

58-11-51. Notice of nonrenewal of automobile policy--Time for notice--Exceptions to requirement for notice--Renewal not waiver of grounds for cancellation.No insurer may fail to renew a policy unless the insurer mails or delivers to the named insured, at the address shown in the policy, at least sixty days' advance notice of the intention not to renew. This section does not apply:(1)If the insurer has manifested its willingness to renew;(2)If the policyholder is transferred to an insurer that is a member of the same insurance group as the previous insurer and notice of such transfer is given in the form adopted by rule by the Division of Insurance pursuant to chapter 1-26; nor(3)In case of nonpayment of premium. However, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.Renewal of a policy does not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal. Source: SL 1968, ch 138, §4; SL 1974, ch 311, §2; SL 2000, ch 238, §1.
SD Codified L § 58-11-52 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-52 - Proof of notice of cancellation or nonrenewal of automobile policy or coverage.

58-11-52. Proof of notice of cancellation or nonrenewal of automobile policy or coverage.Proof of mailing of notice of cancellation, or of intention not to renew or of reasons for cancellation, to the named insured at the address shown in the policy, shall be sufficient proof of notice. Source: SL 1968, ch 138, §5.
SD Codified L § 58-11-53 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-53 - Notice of eligibility for assigned risk plan on cancellation or nonrenewal of automobile liability insurance.

58-11-53. Notice of eligibility for assigned risk plan on cancellation or nonrenewal of automobile liability insurance.When a policy of automobile liability insurance is canceled, other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance to which §58-11-51 applies, the insurer shall notify the named insured of his possible eligibility for automobile liability insurance through the automobile liability assigned risk plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew. Source: SL 1968, ch 138, §6.
SD Codified L § 58-11-54 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-54 - Director or insurer not liable for statements as to reasons for cancellation or refusal of automobile coverage.

58-11-54. Director or insurer not liable for statements as to reasons for cancellation or refusal of automobile coverage.No liability on the part of and no cause of action of any nature may arise against the director of the Division of Insurance or against any insurer, its authorized representative, its insurance producers, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation, for any statement made by any of them in any written notice of cancellation, notice of nonrenewal, or statement in their notice of refusal to insure, or in any other communication, oral or written specifying the reasons for cancellation, nonrenewal, or refusal to insure, or the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith. Source: SL 1968, ch 138, §8; SL 1970, ch 270, §2; SL 2001, ch 286, §105.
SD Codified L § 58-11-55 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-55 - Discrimination in issuance or renewal of automobile insurance policy as misdemeanor--Exceptions.

58-11-55. Discrimination in issuance or renewal of automobile insurance policy as misdemeanor--Exceptions.Except as provided in §§58-11-55.1 and 58-11-55.2, no insurer may refuse to issue or to renew a policy or certificate solely because of the age, residence, race, color, creed, national origin, ancestry, occupation, or marital status of the applicant or the insured. Violation of this section is a Class 2 misdemeanor. Nothing in this section requires an insurer to issue or renew a policy or certificate to a person who is not a resident of this state. Source: SL 1968, ch 138, §9 as added by SL 1969, ch 139; SL 1978, ch 359, §2; SL 1997, ch 287, §1; SL 2002, ch 235, §2.
SD Codified L § 58-11-55.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-55.1 - Use of age or occupation in determining issuance or renewal of policies.

58-11-55.1. Use of age or occupation in determining issuance or renewal of policies.An insurer may use age in determining whether to issue or renew life, health, or annuity policies. An insurer may use occupation in determining whether to issue or renew a life or disability policy. Source: SL 1997, ch 287, §2.
SD Codified L § 58-11-55.2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 11 - Form And Contents Of Insurance Policies|Section 58-11-55.2 - Applicability of § 58-11-55.

58-11-55.2. Applicability of §58-11-55.Except as provided by §§58-15-45 and 58-11-55.1, 58-11-55 applies to all types of insurance issued by all insurers under Title 58. However, nothing in §58-11-55 may be construed as applying to or affecting the right of any fraternal benefit society subject to chapter 58-37A to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or an affiliated organization of the society. Source: SL 1997, ch 287, §3.