reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-38 - Annual list of forfeitures of bonds--Contents.

58-22-38. Annual list of forfeitures of bonds--Contents.
A professional bondsman shall on or before March first of each year file a sworn statement listing every forfeiture of bonds executed by him during the preceding calendar year giving date of forfeiture, amount of forfeiture and name of court where forfeiture is recorded, and date of payment.
Source:
SL 1966, ch 111, ch 31, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-39 - Affidavit of property bondsman as to consideration for undertaking--Willful misstatement as perjury.

58-22-39. Affidavit of property bondsman as to consideration for undertaking--Willful misstatement as perjury.
Every property bondsman shall file with the undertaking an affidavit stating whether or not he or anyone for his use has been promised or has received any security or consideration for his undertaking, and if so, the nature and amount thereof, and the name of the person by whom such promise was made or from whom such security or consideration was received. Any willful misstatement in such affidavit relating to the security or consideration promised or given shall render the person making it subject to the same prosecution and penalty as one who commits perjury.
Source:
SL 1966, ch 111, ch 31, §25.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-40 - Surety's right to enforce indemnity agreement limited by affidavit.

58-22-40. Surety's right to enforce indemnity agreement limited by affidavit.
An action to enforce any indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in the affidavit required by §58-22-39. In an action by the indemnitor, such surety shall have the right to retain only such security or collateral as is mentioned in the affidavit required by §58-22-39.
Source:
SL 1966, ch 111, ch 31, §25.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-41 - Deposit by defendant admitted to bail.

58-22-41. Deposit by defendant admitted to bail.
When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the state, or of any county, municipality within the state, equal in market value to the amount of such bail, together with his personal undertaking, and an undertaking of such other person, if the money or bonds are deposited by another. Upon delivery of a certificate of such deposit to the official having custody of the defendant, he shall be discharged from custody in the cause.
Source:
SL 1966, ch 111, ch 31, §23; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-42 - Bail by surety substituted for deposit--Refunding of deposit--Cancellation of original undertaking.

58-22-42. Bail by surety substituted for deposit--Refunding of deposit--Cancellation of original undertaking.
If money or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the undertaking, and the official taking the new bail shall make an order that the money or bonds be refunded to the person depositing the same and they shall be refunded accordingly, and the original undertakings shall be canceled.
Source:
SL 1966, ch 111, ch 31, §22.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-43 - Bail other than deposit--Cancellation by deposit.

58-22-43. Bail other than deposit--Cancellation by deposit.
When bail other than a deposit of money or bonds has been given, the defendant or the surety may, at any time before a breach of the undertaking, deposit the sum mentioned in the undertaking, and upon such deposit being made, accompanied by a new undertaking, the original undertaking shall be canceled.
Source:
SL 1966, ch 111, ch 31, §23.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-44 - Undertaking for appearance before a magistrate or court--Time of appearance.

58-22-44. Undertaking for appearance before a magistrate or court--Time of appearance.
If no day is fixed for the appearance of the defendant, or an impossible day, or a day in vacation, the undertaking, if for his appearance before a magistrate for a hearing, shall bind the defendant to appear in ten days from the receipt of notice so to do by the defendant, his counsel, or any surety on the undertaking; and if for his appearance in a court for trial, shall bind the defendant so to appear on the first day of the next term of the court which shall commence more than three days after the giving of the undertaking.
Source:
SL 1966, ch 111, ch 31, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-45 - Liability on undertaking unaffected by defects.

58-22-45. Liability on undertaking unaffected by defects.
The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency, or competency provided in the criminal procedure law, or by reason of any other agreement that is expressed in the undertaking, or because the defendant has not joined in the undertaking.
Source:
SL 1966, ch 111, ch 31, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-46 - Validity of undertaking entered into on Sunday or holiday.

58-22-46. Validity of undertaking entered into on Sunday or holiday.
No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside, or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, or because the undertaking was entered into on Sunday or other holiday, if it appears from the tenor of the undertaking before what magistrate or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.
Source:
SL 1966, ch 111, ch 31, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-47 - Administration and enforcement of chapter by director--Employment of personnel.

58-22-47. Administration and enforcement of chapter by director--Employment of personnel.
The director may administer and enforce the provisions of this chapter. The Department of Labor and Regulation may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and it shall prescribe their duties, and their compensation shall be the same as other state employees receive for similar services.
Source:
SL 1966, ch 111, ch 31, §2; SL 1986, ch 22, §32; SL 2004, ch 17, §307; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-49 - Written appointment required with application for runner's license.

58-22-49. Written appointment required with application for runner's license.
The application for a runner's license shall be accompanied by a written appointment of the applicant as a runner by each licensed bail bondsperson employing the applicant.
Source:
SL 1998, ch 296, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-50 - Licensee to notify Division of certain convictions.

58-22-50. Licensee to notify Division of certain convictions.
Any person holding a license under this chapter shall notify the Division of Insurance of a conviction or plea of guilty or nolo contendere to a felony or a crime of moral turpitude within twenty days of the conviction or plea. Violation of this section is a Class 1 misdemeanor.
Source:
SL 1998, ch 296, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-51 - Out-of-state bail bondsperson--Notification of activities--Limitations on activities--License required.

58-22-51. Out-of-state bail bondsperson--Notification of activities--Limitations on activities--License required.
Any out-of-state bail bondsperson or runner entering this state shall notify all local law enforcement agencies in the area where the bail bondsperson or runner intends to conduct runner activities as defined in subdivision 58-22-1(5), including, at a minimum, the office of the county's sheriff, and also, if operating within a municipality, the office of the municipal police as to the bail bondsperson's or runner's presence and intended activity and present evidence of out-of-state licensure. No out-of-state bail bondsperson or runner who is unlicensed in that person's state of domicile may conduct any runner activities in this state. No bail bond activities as prescribed by this chapter may be conducted by any person in this state unless that person is licensed in this state as a bail bondsperson as prescribed by this chapter. Violation of this section is a Class 6 felony.
Source:
SL 1998, ch 296, §16; SL 1999, ch 254, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-52 - List of runners to be furnished to director--Fee.

58-22-52. List of runners to be furnished to director--Fee.
Each bail bondsperson shall, on or before May first of each year, furnish to the director a list of all runners appointed, accompanied by a ten dollar reappointment fee for each runner. Each bail bondsperson who, subsequent to the filing of this list, appoints additional persons as runners shall comply with the requirements of this section.
Source:
SL 1998, ch 296, §19.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-53 - Posting of bond under bondsperson's own license for licensee's release prohibited.

58-22-53. Posting of bond under bondsperson's own license for licensee's release prohibited.
No bail bondsperson may post a corporate surety bond under the bondsperson's own license for the licensee's release from incarceration.
Source:
SL 2016, ch 233, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-54 - Enforcement of title permitted although license surrendered or lapsed.

58-22-54. Enforcement of title permitted although license surrendered or lapsed.
The director retains the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title 58 against any person who is under investigation for or charged with any violation of this chapter or title 58 even if the person's license has been surrendered or has lapsed by operation of law.
Source:
SL 2016, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-55 - Report of felony criminal prosecution.

58-22-55. Report of felony criminal prosecution.
A person licensed under this chapter shall report any felony criminal prosecution of the person taken in any jurisdiction to the director within thirty days of the initial pretrial hearing date. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
For purposes of this section, initial pretrial hearing means either a defendant's arraignment or the first time that a defendant who is accused of a crime, or the defendant's attorney, appears before a court in a criminal action in any jurisdiction, whichever occurs first.
Source:
SL 2016, ch 233, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-1 - Action against insurer by injured party where execution returned unsatisfied.

58-23-1. Action against insurer by injured party where execution returned unsatisfied.
All liability insurance policies issued in this state shall provide in substance that if an execution upon any final judgment in an action brought by the injured or by another person claiming, by, through, or under the injured, is returned unsatisfied, then an action may be maintained by the injured, or by such other person against the insurer under the terms of the policy for the amount of any judgment recovered in such action, not exceeding the amount of the policy, and every such policy shall be construed to so provide, anything in such policy to the contrary notwithstanding.
Source:
SL 1966, ch 111, ch 32, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-2 - Bankruptcy or insolvency of assured--Insurer not released from liability.

58-23-2. Bankruptcy or insolvency of assured--Insurer not released from liability.
No liability insurance policy issued in this state shall contain any requirement for the payment of liability or loss under the policy, by the assured, but all such policies shall provide in substance that the bankruptcy or insolvency of the assured shall not release the insurer from liability.
Source:
SL 1966, ch 111, ch 32, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-3 - Tort liability of charitable institution--Insurer estopped from asserting charitable immunity defense.

58-23-3. Tort liability of charitable institution--Insurer estopped from asserting charitable immunity defense.
Each policy issued to cover the liability of any charitable institution for negligence or any other tort shall contain a provision to the effect that the insurer shall be estopped from asserting, as a defense to any claim covered by said policy, that such institution is immune from liability on the ground that it is a charitable institution.
Source:
SL 1966, ch 111, ch 32, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-4 - Primary and excess coverage on vehicle loaned by automobile service agency.

58-23-4. Primary and excess coverage on vehicle loaned by automobile service agency.
When an automobile insurance policy is in force for anyone engaged in the business of selling, repairing, servicing, storing, or parking motor vehicles and the person or organization allows the use of a vehicle with or without consideration to any other person or organization and the vehicle is involved in an accident out of which bodily injury or property damage to third persons or damage to the insured vehicle arises, the following automobile insurance policies shall be applicable:
(1)In the event no other automobile insurance policy is in force at the time of the accident for the person or organization using the vehicle, the coverage provided by the motor vehicle owner's automobile policy shall extend to the borrower in the event the owner's automobile insurance policy extends coverage to said borrower.
(2)In the event that another automobile insurance policy is in force for the person or organization using the vehicle, any coverage provided by the motor vehicle owner's automobile insurance policy shall be excess coverage only but limited by the terms of the owner's applicable automobile insurance policy. The coverages in the policy afforded the person or organization using the vehicle shall be primary.
Source:
SL 1970, ch 275, §1; SL 1978, ch 363, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-5 - Effective date of vehicle coverage provisions.

58-23-5. Effective date of vehicle coverage provisions.
The provisions of §58-23-4 shall apply only to policies and renewals having effective commencement dates subsequent to July 1, 1970.
Any policy provisions used by automobile insurance companies in this state, subsequent to July 1, 1970, at variance with §58-23-4, shall be interpreted as to comply with the provisions of said section.
Source:
SL 1970, ch 275, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-6 - Supplemental automobile coverage--Definition of terms.

58-23-6. Supplemental automobile coverage--Definition of terms.
Terms used in §§58-23-6 to 58-23-8, inclusive, mean:
(1)"Automobile," a four-wheel passenger motor vehicle designed for use upon public roads, not operated for commercial use, and owned by a natural person. This definition includes trailers designed for use with such motor vehicles, but does not include a motorcycle or a motorcycle with a sidecar attached thereto;
(2)"Automobile liability policy," a policy of insurance, insuring against liability on account of bodily injury;
(3)"Insured," the named insured or any other person who is in or upon, entering into, or alighting from, the automobile insured and described in the policy with the express or implied permission of the named insured or the person operating the automobile with the express or implied consent of the named insured. The term insured also includes the named insured or any member of the named insured's household when either of them is a pedestrian and collides with or is struck by a motor vehicle or trailer;
(4)"Medical expense," reasonable and customary expenses for necessary medical, hospital, surgical, X ray, and dental services, including prosthetic devices, and necessary ambulance, professional nursing, and funeral expenses;
(5)"Named insured," the individual or individuals designated by name as specifically insured in the policy declaration.
Source:
SL 1971, ch 270, §1; SL 1972, ch 263, §1; SL 1990, ch 399; SL 1993, ch 363; SL 1995, ch 283.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-7 - Supplemental coverage to be offered with automobile liability policy.

58-23-7. Supplemental coverage to be offered with automobile liability policy.
No application for an automobile liability policy may be taken with respect to any automobile registered or principally garaged in this state unless the supplemental coverages set forth in §58-23-8 are made available to the named insured.
Source:
SL 1971, ch 270, §2; SL 1972, ch 263, §2; SL 2005, ch 273, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-8 - Accident, disability, and medical benefits included in supplemental coverage.

58-23-8. Accident, disability, and medical benefits included in supplemental coverage.
Supplemental insurance coverages shall as a minimum include:
(1)Accidental death benefits of at least ten thousand dollars payable upon the loss of life of the named insured which shall result directly from and independently of all other causes from bodily injury, other than sickness or disease or death resulting therefrom, caused by accident sustained by the named insured while occupying an automobile, or entering or alighting therefrom, or through being struck by a motor vehicle while a pedestrian, if death occurs within ninety days of the accident;
(2)Indemnity of at least sixty dollars per week for disability extending beyond fourteen days from the date of the accident for a period of at least fifty-two consecutive weeks during such period of time as the named insured is prevented from performing the usual duties of his regular occupation, by reason of injuries and disability accidentally sustained and arising while occupying an automobile, or entering, or alighting therefrom, or through being struck by a motor vehicle while a pedestrian. If the injured named insured is a person not gainfully employed at the time of the accident, the supplemental insurance coverage may provide that the indemnity per week may be reduced fifty percent. The disability benefits shall be paid in full without reduction because of any benefits available under any workers' compensation law or similar law or from any other source;
(3)Indemnity to the named insured and to any other insured, irrespective of legal liability, for medical expenses in an aggregate amount of at least two thousand dollars for each such injured person, incurred within two years from the date of the accident by reason of bodily injuries arising out of the use of the automobile described in the policy or through being struck by a motor vehicle while a pedestrian.
Source:
SL 1971, ch 270, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23 - Liability Insurance › Section 58-23-9 - Motor vehicle defined.

58-23-9. Motor vehicle defined.
For the purposes of §58-23-8, the term, motor vehicle, means automobiles, motor trucks, motorcycles, and all vehicles propelled by power other than muscular power and designed primarily for travel on the public highway except traction engines, road rollers, farm wagons, freight trailers, house trailers, trailers, vehicles that run only on rails or tracks, and off-road vehicles as defined in §32-3-1. However, a vehicle not designed for travel on the public highway that is licensed is a motor vehicle for purposes of §58-23-8. Freight trailers, house trailers, and trailers which are attached to a motor vehicle are part of that motor vehicle.
Source:
SL 2011, ch 221, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23A - Medical Malpractice Insurance › Section 58-23A-1 - Exclusion of coverage on basis of execution of arbitration agreement prohibited.

58-23A-1. Exclusion of coverage on basis of execution of arbitration agreement prohibited.
No medical or hospital professional liability insurance policy shall contain a provision or be construed to exclude coverage on the basis of the insured's execution of an agreement contemplated by chapter 21-25B.
Source:
SDCL, §21-25A-3 as added by SL 1976, ch 155, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23A - Medical Malpractice Insurance › Section 58-23A-2 - Reports of malpractice claims required of insurers--Frequency.

58-23A-2. Reports of malpractice claims required of insurers--Frequency.
Each insurance company engaged in issuing professional medical malpractice insurance in this state shall file with the State Division of Insurance a report of all claims for medical malpractice made against any of its insureds and received by it since its last report. Such reports shall be made to the division not less than semiannually on dates determined by the division.
Source:
SL 1976, ch 316, §§1, 3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23A - Medical Malpractice Insurance › Section 58-23A-3 - Form and contents of report on claims.

58-23A-3. Form and contents of report on claims.
Such reports shall be in writing on a form prescribed by the division and shall contain the following information:
(1)Name and address of physician, nurse, hospital, or other person or institution against which claim is made;
(2)Name, address, and age of the claimant or plaintiff;
(3)Nature and substance of the claim; and
(4)Date and place from which the claim arose.
Source:
SL 1976, ch 316, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23A - Medical Malpractice Insurance › Section 58-23A-4 - Data required on disposition of claims.

58-23A-4. Data required on disposition of claims.
The following data and information shall be furnished by the insurance company to the division within thirty days from any judgment, settlement, or other dismissal involving the insured:
(1)Date of any judgment, settlement, or other dismissal;
(2)Whether any appeal has been taken and by which party;
(3)Amount of any judgment against the insured;
(4)Amount of any settlement paid on behalf of the insured, whether such settlement was negotiated by suit or without the filing of a complaint for damages; and
(5)If consideration was not paid on behalf of the insured and a judgment of no cause for action was not entered, the reason for any dismissal.
Source:
SL 1976, ch 316, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23A - Medical Malpractice Insurance › Section 58-23A-5 - Forwarding of information to professional licensing board.

58-23A-5. Forwarding of information to professional licensing board.
The Division of Insurance shall, within thirty days of receipt, submit in writing to the appropriate state professional and occupational licensing board, the data and information furnished to the division pursuant to this chapter, but only that which is relevant to the board.
Source:
SL 1976, ch 316, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23A - Medical Malpractice Insurance › Section 58-23A-6 - Information and files kept by division--Confidentiality--Release at director's discretion.

58-23A-6. Information and files kept by division--Confidentiality--Release at director's discretion.
The Division of Insurance shall retain the information and maintain the files in the form and for a period as it shall determine necessary. The division shall maintain the data and information filed in accordance with this chapter as confidential records and shall release the same only for bona fide research, educational, or legislative purposes, or as required by §58-23A-5. The director of the division in his sole discretion shall determine the validity of any request for the information.
Source:
SL 1976, ch 316, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 23A - Medical Malpractice Insurance › Section 58-23A-7 - Insurers and division not liable for official actions under chapter.

58-23A-7. Insurers and division not liable for official actions under chapter.
There is no liability on the part of, and no cause of action of any nature may arise against, an insurer reporting pursuant to this chapter or its insurance producers or employees, or the division or its representatives, for any action taken by them pursuant to this chapter.
Source:
SL 1976, ch 316, §6; SL 2001, ch 286, §132.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-1 - Purpose of chapter.

58-24-1. Purpose of chapter.
The purpose of this chapter is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory, and to authorize and regulate cooperative action among insurers in rate-making and in other matters within the scope of this chapter. Nothing in this chapter is intended to prohibit or discourage reasonable competition, or to prohibit or encourage, except to the extent necessary to accomplish the aforementioned purpose, uniformity in insurance rates, rating systems, rating plans, or practices. This chapter shall be liberally interpreted to carry into effect the provisions hereof.
Source:
SL 1966, ch 111, ch 15, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-2 - Application of chapter.

58-24-2. Application of chapter.
This chapter applies to all forms of casualty insurance, including fidelity, surety, and guaranty bonds, to all forms of property, fire, marine, and inland marine insurance, workers' compensation, and to any combination of any of the foregoing, on risks or operations in this state. Inland marine insurance shall be deemed to include insurance now or hereafter defined by statute, or by interpretation thereof, or if not so defined or interpreted, by ruling of the director, or as established by general custom of the business, as inland marine insurance.
Source:
SL 1966, ch 111, ch 15, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-3 - Insurance to which chapter does not apply.

58-24-3. Insurance to which chapter does not apply.
This chapter shall not apply to:
(1)Reinsurance, other than joint reinsurance to the extent stated in §§58-24-57 and 58-24-58;
(2)Life insurance;
(3)Health insurance;
(4)Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine insurance policies; or
(5)Title insurance.
Source:
SL 1966, ch 111, ch 15, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-4 - Making of rates--Provisions governing.

58-24-4. Making of rates--Provisions governing.
Rates shall be made in accordance with the provisions of §§58-24-5 to 58-24-8, inclusive.
Source:
SL 1966, ch 111, ch 15, §3 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-5 - Excessive, inadequate, or discriminatory rates prohibited.

58-24-5. Excessive, inadequate, or discriminatory rates prohibited.
Rates shall not be excessive, inadequate, or unfairly discriminatory.
Source:
SL 1966, ch 111, ch 15, §3 (1) (a).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-6 - Making of rates--Matters considered.

58-24-6. Making of rates--Matters considered.
To determine whether rates are excessive, inadequate, or unfairly discriminatory, the director may consider:
(1)Past and prospective loss experience within this state;
(2)Conflagration and catastrophic hazards;
(3)Reasonable margin for the underwriting profit and contingencies;
(4)Dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;
(5)Past and prospective expenses specially applicable to this state; and
(6)All other relevant factors within and outside this state.
The loss experience shall be on at least the most recent five-year period for which such experience is available. If South Dakota data are not adequate because of insufficient sample size, the director shall consider the loss experience or the expense data, or both, outside this state.
Source:
SL 1966, ch 111, ch 15, §3 (1) (b); SL 1990, ch 400, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-6.1 - Failure of rate to reflect difference in expected losses and expenses as unfair discrimination--Averaged group rates not unfairly discriminatory.

58-24-6.1. Failure of rate to reflect difference in expected losses and expenses as unfair discrimination--Averaged group rates not unfairly discriminatory.
One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the difference in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors, or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise, or blanket policy.
Source:
SL 1979, ch 341, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-7 - Risks grouped by classification for rate-making--Modification of classification rates.

58-24-7. Risks grouped by classification for rate-making--Modification of classification rates.
Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.
Source:
SL 1966, ch 111, ch 15, §3 (1) (d).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-8 - System of expense provisions used in rate-making--Reflection of operating methods.

58-24-8. System of expense provisions used in rate-making--Reflection of operating methods.
The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or group of insurers to reflect the requirements of the operating methods of any such insurer or group of insurers with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable.
Source:
SL 1966, ch 111, ch 15, §3 (1) (c).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-9 - Uniformity as to rates not required.

58-24-9. Uniformity as to rates not required.
Except to the extent necessary to meet the provisions of §58-24-5, uniformity among insurers in any matters within the scope of §§58-24-4 to 58-24-8, inclusive, is neither required nor prohibited.
Source:
SL 1966, ch 111, ch 15, §3 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-10 - Filing of rates with director--Effective date--Character and extent of coverage--Exceptions.

58-24-10. Filing of rates with director--Effective date--Character and extent of coverage--Exceptions.
Every insurer shall file with the director of the Division of Insurance every manual, minimum, class rate, rating schedule, or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. The filing date is the effective date thereof unless the insurer proposes an effective date subsequent to the filing date.
This section does not apply to:
(1)Inland marine risks which by general custom of the business are not written according to manual rates or rating plans; or
(2)Automobile and other motor vehicle insurance subject to §58-24-10.1.
Source:
SL 1966, ch 111, ch 15, §4 (1); SL 1979, ch 341, §3; SL 2004, ch 307, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-10.1 - Rating rules required to be filed with director--Filing date--Supporting information required.

58-24-10.1. Rating rules required to be filed with director--Filing date--Supporting information required.
Every insurer writing automobile insurance as defined by subdivisions 58-11-45(1) to (3), inclusive, and subdivision 58-23-6(2), and every insurer writing liability insurance, physical damage insurance, and collision insurance on all motor vehicles ordinarily used on the public highways, except for insurance which falls within the inland marine risk exemption of §58-24-10 or for insurance policies excluded under the definition of "policy" in subdivision 58-11-45(5), shall file with the director of the Division of Insurance every manual, minimum, class rate, rating schedule, or rating plan and every other rating rule, and modification of any of the foregoing which it proposes to use, and shall indicate the character and extent of the coverages contemplated. The filing date shall be the effective date thereof unless the insurer proposes an effective date subsequent to the filing date. If the director is not satisfied with the information provided to support a filing made in accordance with this section, he shall proceed in accordance with §58-24-13.
Source:
SL 1979, ch 341, §§4, 5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-10.2 - Rate information required to be filed prior to effective date on finding that closer supervision is required--Extension of waiting period--Approval or disapproval.

58-24-10.2. Rate information required to be filed prior to effective date on finding that closer supervision is required--Extension of waiting period--Approval or disapproval.
The director of the Division of Insurance may by order require that a particular insurer otherwise entitled to file its rates in accordance with §58-24-10.1, file any or all of its rates and supplementary rate information thirty days prior to their effective date, if and to the extent that he finds, after a hearing, that the protection of the interests of its insureds and the public in this state require closer supervision of its rates because of the insurer's financial condition or rating practices. He may extend the waiting period for any filing for not to exceed thirty additional days by written notice to the insurer before the first thirty-day period expires. A filing not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of this chapter, subject to the possibility of subsequent disapproval under §58-24-21.
Source:
SL 1979, ch 341, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-12 - Satisfaction of insurer's obligations by becoming member of or subscriber to licensed rating organization.

58-24-12. Satisfaction of insurer's obligations by becoming member of or subscriber to licensed rating organization.
An insurer may satisfy its obligation to make filings pursuant to this chapter by:
(1)Becoming a member of, or a subscriber to, a licensed rating organization that makes filings; and
(2)Authorizing the director to accept filings on its behalf.
Nothing contained in this chapter may be construed as requiring any insurer to become a member of or a subscriber to any rating organization.
Source:
SL 1966, ch 111, ch 15, §4 (2); SL 2014, ch 239, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-13 - Information furnished in support of filing.

58-24-13. Information furnished in support of filing.
If a filing is not accompanied by the information upon which the insurer supports the filing, and the director does not have sufficient information to determine whether the filing meets the requirements of the chapter, the director shall require the insurer to furnish the information upon which the insurer supports the filing. The information furnished in support of a filing may include:
(1)The experience or judgment of the insurer or rating organization making the filing;
(2)Its interpretation of any statistical data it relies upon;
(3)The experience of other insurers or rating organizations; or
(4)Any other relevant factors.
Source:
SL 1966, ch 111, ch 15, §4 (1); SL 2008, ch 269, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-14 - Filing open to public inspection--Specially rated inland marine risks.

58-24-14. Filing open to public inspection--Specially rated inland marine risks.
A filing and any supporting information shall be open to public inspection after the filing becomes effective. Specific inland marine rates on risks specially rated, made by a rating organization, shall be filed with the director.
Source:
SL 1966, ch 111, ch 15, §4 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-15 - Review of filings by director.

58-24-15. Review of filings by director.
The director shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter.
Source:
SL 1966, ch 111, ch 15, §4 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-17 - Filing with respect to specially rated risks--Effective date.

58-24-17. Filing with respect to specially rated risks--Effective date.
Specific inland marine rates on risks specially rated by a rating organization, or any specific filing with respect to a surety or guaranty bond required by law or by court or executive order, or by order, rule, or regulation of a public body and not covered by a previous filing, shall become effective when filed and deemed to meet the requirements of this chapter until such time as the director reviews the filing and so long thereafter as the filing remains in effect.
Source:
SL 1966, ch 111, ch 15, §4 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-18 - Disapproval of filing prohibited if rates meet requirements.

58-24-18. Disapproval of filing prohibited if rates meet requirements.
No filing shall be disapproved if the rates thereby produced meet the requirements of this chapter.
Source:
SL 1966, ch 111, ch 15, §5 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-19 - Disapproval of filings by director--Notice--Contents.

58-24-19. Disapproval of filings by director--Notice--Contents.
If the director finds that a filing does not meet the requirements of this chapter, the director shall send to the insurer or rating organization which made the filing, written notice of disapproval of the filing specifying therein in what respects the director finds the filing fails to meet the requirements of this chapter and stating that the filing may not become effective.
Source:
SL 1966, ch 111, ch 15, §5 (1); SL 2006, ch 260, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-20 - Disapproval of filing with respect to specially rated risks--Notice, contents.

58-24-20. Disapproval of filing with respect to specially rated risks--Notice, contents.
If within thirty days after a specific inland marine rate on a risk specially rated by a rating organization or after a special surety or guaranty filing subject to §58-24-17 has become effective, the director finds that such filing does not meet the requirements of this chapter, he shall send to the rating organization or insurer which made such filing written notice of disapproval of such filing specifying therein in what respects he finds that such filing fails to meet the requirements of this chapter and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Said disapproval shall not affect any contract made or issued prior to the expiration of the period set forth in said notice.
Source:
SL 1966, ch 111, ch 15, §5 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-21 - Effect of finding and order that filing does not comply with chapter.

58-24-21. Effect of finding and order that filing does not comply with chapter.
If at any time subsequent to the applicable review period provided for in §58-24-19, 58-24-20, or in the case of a filing made under §58-24-10.1, the director of the Division of Insurance finds that a filing does not meet the requirements of this chapter, he shall, after a hearing held upon not less than ten days' written notice, specifying the matters to be considered at such hearing, to every insurer and rating organization which made such filing, issue an order specifying in what respect he finds that such filing fails to meet the requirements of this chapter, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order.
Source:
SL 1966, ch 111, ch 15, §5 (3); SL 1979, ch 341, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-22 - Request by aggrieved party for hearing on filing--Grounds for application.

58-24-22. Request by aggrieved party for hearing on filing--Grounds for application.
Any person or organization aggrieved with respect to any filing which is in effect may make written application to the director for a hearing thereon, provided, however, that the insurer or rating organization that made the filing shall not be authorized to proceed under this section. Such application shall specify the grounds to be relied upon by the applicant and such application must show that the person or organization making such application has a specific economic interest affected by the filing. No rating or advisory organization shall have any status under this chapter to make application for a hearing on any filing made by an insurer with the director.
Source:
SL 1966, ch 111, ch 15, §5 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-23 - Hearing on filing--Action by director--Notice of hearing.

58-24-23. Hearing on filing--Action by director--Notice of hearing.
If the director shall find that an application pursuant to §58-24-22 is made in good faith, that the applicant has a specific economic interest, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding a hearing, he shall within thirty days after receipt of such application hold a hearing upon not less than ten days' written notice to the applicant and to every insurer and rating organization which made such filing.
Source:
SL 1966, ch 111, ch 15, §5 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-24 - Finding that filing does not comply--Order discontinuing filing--Effective date.

58-24-24. Finding that filing does not comply--Order discontinuing filing--Effective date.
If, after hearing pursuant to §58-24-23, the director finds that the filing does not meet the requirements of this chapter, he shall issue an order specifying in what respect he finds that such filing fails to meet the requirements of this chapter, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to the applicant and to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order.
Source:
SL 1966, ch 111, ch 15, §5 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations › Section 58-24-25 - Issuance of contract or policy contrary to filings prohibited--Inland marine risks excepted.

58-24-25. Issuance of contract or policy contrary to filings prohibited--Inland marine risks excepted.
No insurer shall make or issue a contract or policy except in accordance with the filings which are in effect for said insurer as provided in this chapter. This section shall not apply to contracts or policies for inland marine risks as to which filings are not required.
Source:
SL 1966, ch 111, ch 15, §4 (8).