reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-21 - Grounds for disapproval of form or withdrawal of previous approval.

58-11-21. Grounds for disapproval of form or withdrawal of previous approval.
The director shall disapprove any form filed under §58-11-12, or withdraw any previous approval thereof, only if the form:
(1)Is in any respect in violation of or does not comply with this title;
(2)Contains or incorporates by reference, where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract;
(3)Has any title, heading, or provision which is misleading;
(4)Is printed or otherwise reproduced illegibly.
Source:
SL 1966, ch 111, ch 22, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-22 - Identification of contracts issued and forms filed with director--Change in form.

58-11-22. Identification of contracts issued and forms filed with director--Change in form.
All policies and annuity contracts issued, and the forms thereof filed with the director, shall have printed thereon an appropriate designating letter or figure, or combination thereof identifying the respective forms of policies or contracts. Whenever any change is made in any such form, the designating letters, figures, or terms thereon shall be correspondingly changed.
Source:
SL 1966, ch 111, ch 22, §16 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-23 - Execution of policy by authorized representative of insurer.

58-11-23. Execution of policy by authorized representative of insurer.
Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer.
Source:
SL 1966, ch 111, ch 22, §20 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-24 - Facsimile signature used on policy.

58-11-24. Facsimile signature used on policy.
A facsimile signature of any such executing individual may be used in lieu of an original signature.
Source:
SL 1966, ch 111, ch 22, §20 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-25 - Unauthorized facsimile signature does not invalidate policy--Estoppel by issuance of surety bond with facsimile signature.

58-11-25. Unauthorized facsimile signature does not invalidate policy--Estoppel by issuance of surety bond with facsimile signature.
No insurance contract heretofore or hereafter issued and which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy.
Any company which issues a bond as surety with facsimile signature under the law of this state shall, in any proceeding to enforce the liability which it has assumed to incur, be estopped to deny its corporate power to execute such instrument or assume such liability.
Source:
SL 1966, ch 111, ch 22, §20 (3); SL 1980, ch 170, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-26 - Underwriters' policy--Joint and several liability--True name of insurer.

58-11-26. Underwriters' policy--Joint and several liability--True name of insurer.
Two or more authorized insurers may, with the director's approval, jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policy shall plainly show the true name of the insurer.
Source:
SL 1966, ch 111, ch 22, §21 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-27 - Combination policy--Contents.

58-11-27. Combination policy--Contents.
Two or more insurers may, with the approval of the director, issue a combination policy which shall contain provisions substantially as follows:
(1)That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy; and
(2)That service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.
Source:
SL 1966, ch 111, ch 22, §21 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-28 - Underwriters' and combination policies provisions do not apply to cosurety obligations.

58-11-28. Underwriters' and combination policies provisions do not apply to cosurety obligations.
Sections 58-11-26 and 58-11-27 shall not apply to cosurety obligations.
Source:
SL 1966, ch 111, ch 22, §21 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-29 - Binders or other contracts for temporary insurance--Terms--Fraudulent statement as misdemeanor.

58-11-29. Binders or other contracts for temporary insurance--Terms--Fraudulent statement as misdemeanor.
Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded by the clear and express terms of the binder. Any insurance producer or surplus lines broker who knowingly makes any false or fraudulent material statement on a binder, certificate of insurance, or other document offered as proof of insurance is guilty of a Class 1 misdemeanor for each offense.
Source:
SL 1966, ch 111, ch 22, §24 (1); SL 1990, ch 394; SL 2001, ch 286, §102.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-30 - Duration of binder.

58-11-30. Duration of binder.
No binder shall be valid beyond the issuance of the policy with respect to which it was given, or beyond ninety days from its effective date, whichever period is the shorter.
Source:
SL 1966, ch 111, ch 22, §24 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-31 - Extension or renewal of binder--Approval of director.

58-11-31. Extension or renewal of binder--Approval of director.
If the policy has not been issued a binder may be extended or renewed beyond such ninety days with the written approval of the director, or in accordance with such rules and regulations relative thereto as the director may promulgate.
Source:
SL 1966, ch 111, ch 22, §24 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-32 - Binder provisions do not apply to life or health insurance.

58-11-32. Binder provisions do not apply to life or health insurance.
Sections 58-11-29 to 58-11-31, inclusive, shall not apply to life or health insurances.
Source:
SL 1966, ch 111, ch 22, §24 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-33 - Delivery of policy--Payment of premium--Insured not meeting condition required by insurer.

58-11-33. Delivery of policy--Payment of premium--Insured not meeting condition required by insurer.
Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance except where a condition required by the insurer has not been met by the insured.
Source:
SL 1966, ch 111, ch 22, §25 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-34 - Insurance of motor vehicle sales contracts, copy of policy delivered to vendee, mortgagor, or pledgor, contents--Inapplicable to inland marine floater policies.

58-11-34. Insurance of motor vehicle sales contracts, copy of policy delivered to vendee, mortgagor, or pledgor, contents--Inapplicable to inland marine floater policies.
In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to such vehicle is insured, a duplicate of such policy setting forth the name and address of the insurer, insurance classification of vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same such information, shall be delivered by the vendor, mortgagee, or pledgee to each such vendee, mortgagor, or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a statement of such fact shall be printed, written, or stamped conspicuously on the face of such duplicate policy or memorandum. This section does not apply to inland marine floater policies.
Source:
SL 1966, ch 111, ch 22, §25 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-35 - Renewal or extension of policy at option of insurer.

58-11-35. Renewal or extension of policy at option of insurer.
Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor, for additional periods by certificate or by endorsement of the policy, and without requiring the issuance of a new policy.
Source:
SL 1966, ch 111, ch 22, §26.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-55.3 - Promulgation of rules to prevent unfair discrimination.

58-11-55.3. Promulgation of rules to prevent unfair discrimination.
The director may promulgate rules for the purpose of preventing unfair discrimination pursuant to §58-11-55. The rules may include definition of terms, identification of general practices or nonrenewal guidelines used by insurers which would violate or be in compliance with §58-11-55, and application practices which violate §58-11-55. In considering the adoption of any rule pursuant to this section, the director shall consider how the rule may serve to implement the purpose of preventing unfair discrimination as prohibited by §58-11-55 and how the rule may impact the availability and price of insurance in this state.
Source:
SL 1997, ch 287, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-57 - Assigned risk plan for automobile liability insurance.

58-11-57. Assigned risk plan for automobile liability insurance.
After consultation with insurance companies authorized to issue automobile liability policies in this state, the director of the Division of Insurance shall approve reasonable plans for the equitable apportionment of motor vehicle liability policies of applicants who are in good faith entitled to but are unable to procure policies through ordinary methods. All such insurance companies shall subscribe to and participate in the approved plan. An applicant for a policy, a person insured under the plan, or any insurance company affected, may appeal to the director from any ruling or decision of the manager or committee designated to operate the plan. Any person aggrieved by an order or act of the director may appeal pursuant to chapter 1-26.
Source:
SL 1980, ch 350.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-62 - Notice of intent to cease marketing block of business--What constitutes cessation of marketing block of business.

58-11-62. Notice of intent to cease marketing block of business--What constitutes cessation of marketing block of business.
No insurer may cease marketing a block of business in this state unless, at least ninety days prior to the cessation of marketing, the insurer submits to the director written notice of the intent to cease marketing, including a statement of the facts and causes for cessation. Cessation of marketing a block of business includes discontinuing selling insurance as defined in chapter 58-9 as follows:
(1)All lines or any one line;
(2)All policies under one policy form;
(3)All individual or group policies; or
(4)All commercial or personal policies.
The director may, upon request, waive any portion of the ninety-day notice period required by this section if the director determines that the insurer could not have reasonably complied with the notice requirement.
Source:
SL 1991, ch 399.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-63 - Regulation of form and content of policies, policy forms, standards, and procedures for filings, cancellation, and nonrenewal of policies.

58-11-63. Regulation of form and content of policies, policy forms, standards, and procedures for filings, cancellation, and nonrenewal of policies.
The division may promulgate rules pursuant to chapter 1-26 to establish specific requirements for the regulation of the form and content of policies and policy forms, standards, and procedures for filings, and the cancellation and nonrenewal of policies as found in this chapter. The requirements may include:
(1)Definition of terms used in the rules;
(2)Standards for the issuance of waivers;
(3)Standards for determining what are substantially similar provisions as provided by §58-11-7;
(4)Filing, content, requirements, and procedures for policy forms;
(5)Standards for orders for exemption;
(6)Binder requirements;
(7)Procedures and requirements for cancellation and nonrenewal of policies;
(8)Operation requirements of the assigned risk plan including approval of plan rules;
(9)Replacement of coverage and calculation of refunds; and
(10)Procedures for collection of applicable fees by the director.
Source:
SL 1994, ch 377.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-64 - Definition of terms.

58-11-64. Definition of terms.
Terms used in §§58-11-64 to 58-11-76, inclusive, mean:
(1)"Accident and health carrier," an entity licensed to offer accident and health insurance in this state, or subject to the insurance laws of this state, or subject to the jurisdiction of the director, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, or any insurer that provides policies of supplemental, disability income, medicare supplement, or long-term care insurance;
(2)"Director," the director of the Division of Insurance;
(3)"Health care services," services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease;
(4)"Policy form," any policy, contract, certificate, rider, endorsement, evidence of coverage, or any amendments thereto that are required by law to be filed with the director for approval prior to their sale or issuance for sale in this state;
(5)"Supplemental documents," documents required to be filed in support of policy forms that may or may not be subject to approval;
(6)"Type of insurance," those coverages listed on the NAIC Uniform Life, Accident and Health, Annuity, and Credit Product Coding Matrix under the headings Continuing Care Retirement Communities, Health, Long Term Care, and Medicare Supplement.
Source:
SL 2008, ch 261, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-65 - Carriers subject to filing requirements.

58-11-65. Carriers subject to filing requirements.
Sections 58-11-64 to 58-11-76, inclusive, apply to any individual or group health policy form issued by a carrier as defined in subdivision 58-18B-1(3) required to be filed with the director for review or approval.
Source:
SL 2008, ch 261, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-66 - Filing and director approval required.

58-11-66. Filing and director approval required.
No policy form subject to the provisions of §§58-11-64 to 58-11-76, inclusive, may be delivered or issued for delivery in this state, unless it has been filed with and approved by the director.
Source:
SL 2008, ch 261, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-67 - Filing requirements--Availability on internet.

58-11-67. Filing requirements--Availability on internet.
The director shall create a document containing filing requirements for each type of insurance. The document shall contain a list of all product filing requirements contained in the statutes and rules and published bulletins in this state with appropriate citations to each, including the citation for the type of insurance that is required to be filed. The document shall be available on the internet site of the Division of Insurance.
The director shall update the document no less frequently than annually, and within thirty days of any change in any law, rule, or bulletin requiring its amendment.
Source:
SL 2008, ch 261, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-68 - Filer to indicate location of each requirement on policy form filing.

58-11-68. Filer to indicate location of each requirement on policy form filing.
A filer shall submit a copy of the document with a policy form filing, indicating the location within the policy form or supplemental documents for each requirement contained in the document, and certifying that the policy form meets all requirements of state law.
Source:
SL 2008, ch 261, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-69 - Approval or disapproval of filing--Review period.

58-11-69. Approval or disapproval of filing--Review period.
The director shall review and approve, provide notice of deficiencies, or disapprove the initial filing within sixty days of receipt. At the end of the review period, the form is deemed approved if the director has taken no action. Any notice of deficiencies or disapproval shall be in writing and based only on the specific provisions of applicable statutes including §58-11-21, rules, or bulletins published by the director and contained in the document created by the director pursuant to §58-11-67. The notice of deficiencies or disapproval shall provide the reasons for the notice of deficiencies or disapproval and sufficient detail for the filer to bring the policy form into compliance, and shall cite any specific statute, rule, or bulletin upon which the notice of deficiencies or disapproval is based.
Source:
SL 2008, ch 261, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-70 - Correction of deficiencies.

58-11-70. Correction of deficiencies.
A filer may resubmit a policy form that corrects any deficiencies or resubmit a disapproved policy form, and a revised certification, within thirty days of its receipt of the director's notice of deficiencies or disapproval. Any policy form not resubmitted within thirty days of the notice of deficiencies is deemed withdrawn. Any disapproved policy form not resubmitted within thirty days is disapproved.
Source:
SL 2008, ch 261, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-71 - Review of resubmitted filing--Review period.

58-11-71. Review of resubmitted filing--Review period.
The director shall review the resubmitted filing and certification, and shall approve or disapprove it within thirty days. Notice of deficiencies or disapproval shall be in writing and shall provide a detailed description of the reasons for the disapproval and sufficient detail for the filer to bring the policy form into compliance and shall cite any specific statute, rule, or bulletin upon which the disapproval is based. No further extensions of time may be taken unless the filer has introduced new provisions in the resubmission or the filer has materially modified any substantive provisions of the policy form, in which case the director may extend the time for review by an additional thirty days. At the end of the review period, the policy form is deemed approved if the director has taken no action.
Source:
SL 2008, ch 261, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-72 - Resubmitted form not to be disapproved for reasons other than in initial disapproval--Exceptions.

58-11-72. Resubmitted form not to be disapproved for reasons other than in initial disapproval--Exceptions.
Except as provided in this section, the director may not disapprove a resubmitted policy form for reasons other than those initially set forth in the original notice of deficiencies or disapproval. The director may disapprove a resubmitted policy form for reasons other than those initially set forth in the original notice of deficiencies or disapproval if:
(1)The filer has introduced new provisions in the resubmission;
(2)The filer has materially modified any substantive provisions of the policy form;
(3)There has been a change in any statute, rule, or published bulletin; or
(4)There has been reviewer error and the written disapproval fails to state a specific provision of applicable statute, rule, or bulletin that is necessary to have the policy form conform to the requirements of law.
Source:
SL 2008, ch 261, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-73 - Grossly inadequate filings.

58-11-73. Grossly inadequate filings.
The director may return a grossly inadequate filing to the filer without triggering any of the time deadlines set forth in §§58-11-64 to 58-11-76, inclusive. For purposes of this section, a grossly inadequate filing means a filing that fails to provide key information, including state-specific information, regarding a product, policy, or rate, or that demonstrates an insufficient understanding of what is required to comply with state statutes or rules.
Source:
SL 2008, ch 261, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-74 - Limitations on director's authority.

58-11-74. Limitations on director's authority.
Except in cases of a material error or omission in a policy form that has been approved or deemed approved pursuant to the provisions of §§58-11-64 to 58-11-76, inclusive, the director may not:
(1)Retroactively disapprove a filing; or
(2)With respect to those policy forms, examine the filer during a routine or targeted market conduct examination for compliance with any later-enacted policy form filing requirements. However, the policy forms may be examined for compliance with any later-enacted requirement to the extent that the later-enacted requirement applies to new issues of the policy form or to renewals of policies issued under the policy form.
Source:
SL 2008, ch 261, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-75 - Application to existing approved policy forms.

58-11-75. Application to existing approved policy forms.
The provisions of §§58-11-64 to 58-11-76, inclusive, do not apply to existing approved or deemed-approved policy forms except upon policy renewal or anniversary date.
Source:
SL 2008, ch 261, §12.