reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-26 - Disapproval of filed forms by director.

58-19-26. Disapproval of filed forms by director.
The director shall within thirty days after the filing of any such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders, disapprove any such form if the premium rates charged or to be charged are excessive in relation to benefits, or if it contains provisions which are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of this title or of any rule or regulation promulgated thereunder.
Source:
SL 1966, ch 111, ch 27, §7 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-27 - Use of disapproved forms unlawful--Reason stated in notice--Hearing on request--Use of forms pending approval.

58-19-27. Use of disapproved forms unlawful--Reason stated in notice--Hearing on request--Use of forms pending approval.
If the director notifies the insurer that the form is disapproved, it is unlawful thereafter for such insurer to issue or use such form. In such notice, the director shall specify the reason for his disapproval and state that a hearing will be granted within twenty days after request in writing by the insurer. No such policy, certificate of insurance, notice of proposed insurance, nor any application, endorsement, or rider, shall be issued or used until the expiration of thirty days after it has been so filed, unless the director shall give his prior written approval thereto.
Source:
SL 1966, ch 111, ch 27, §7 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-28 - Withdrawal of approval of form--Notice and hearing.

58-19-28. Withdrawal of approval of form--Notice and hearing.
The director may, at any time after a hearing held not less than twenty days after written notice to the insurer, withdraw his approval of any such form on any ground set forth in §58-19-26. The written notice of such hearing shall state the reason for the proposed withdrawal.
Source:
SL 1966, ch 111, ch 27, §7 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-29 - Use of forms unlawful after withdrawal.

58-19-29. Use of forms unlawful after withdrawal.
It is not lawful for the insurer to issue such forms or use them after the effective date of such withdrawal.
Source:
SL 1966, ch 111, ch 27, §7 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-30 - Judicial review of order or final determination of director as to forms.

58-19-30. Judicial review of order or final determination of director as to forms.
Any order or final determination of the director under the provisions of §§58-19-24 to 58-19-29, inclusive, shall be subject to judicial review.
Source:
SL 1966, ch 111, ch 27, §7 (7).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-31 - Claims--Reporting to insurer--Settlement.

58-19-31. Claims--Reporting to insurer--Settlement.
All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.
Source:
SL 1966, ch 111, ch 27, §10 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-32 - Settlement or adjustment of claims by person other than insurer prohibited--Creditor not claim representative--Payment by group policyholder.

58-19-32. Settlement or adjustment of claims by person other than insurer prohibited--Creditor not claim representative--Payment by group policyholder.
No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims; provided, that a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer.
Source:
SL 1966, ch 111, ch 27, §10 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-33 - Manner of payment of claims.

58-19-33. Manner of payment of claims.
All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of such claimant to one specified.
Source:
SL 1966, ch 111, ch 27, §10 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-34 - Promulgation of rules by director--Purpose and scope.

58-19-34. Promulgation of rules by director--Purpose and scope.
The director may promulgate rules pursuant to chapter 1-26 as deemed appropriate for the supervision of this chapter. The rules may cover any type of credit insurance including credit life, credit health, credit unemployment, and credit property insurance, including guaranteed automobile protection. The rules shall be designed to protect the insurance buying public from discriminatory rating and underwriting and claims practices, from being charged excessive rates, and from requirements to purchase credit insurance when purchasing goods and services. The rules may cover the following areas:
(1)Definition of terms;
(2)Filing requirements;
(3)The setting of loss ratios and prima facie rates;
(4)Underwriting criteria;
(5)Sales and marketing practices;
(6)Minimum benefit standards;
(7)Permissible exclusions;
(8)Claims practices; and
(9)Disclosure requirements.
Source:
SL 1966, ch 111, ch 27, §12; SL 1986, ch 22, §31; SL 2001, ch 282, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-35 - Order for compliance issued by director--Notice and hearing.

58-19-35. Order for compliance issued by director--Notice and hearing.
Whenever the director finds that there has been a violation of this chapter or any rules or regulations issued pursuant thereto, and after written notice thereof and hearing given to the insurer or other person authorized or licensed by the director, he shall set forth the details of his findings together with an order for compliance by a specified date. Such order shall be binding on the insurer and other person authorized or licensed by the director on the date specified unless sooner withdrawn by the director or a stay thereof has been ordered by a court of competent jurisdiction.
Source:
SL 1966, ch 111, ch 27, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-36 - Revocation or suspension of license or certificate for violation--Notice and hearing--Judicial review.

58-19-36. Revocation or suspension of license or certificate for violation--Notice and hearing--Judicial review.
The director may revoke or suspend the license or certificate of authority of the person, firm, or corporation guilty of violation of an order of the commissioner after it has become final, and while such order is in effect. Such order for suspension or revocation shall be upon notice and hearing, and shall be subject to judicial review as provided in chapter 1-26.
Source:
SL 1966, ch 111, ch 27, §13; SL 1978, ch 359, §15.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-37 - Civil forfeiture for violations of orders of director.

58-19-37. Civil forfeiture for violations of orders of director.
In addition to any other penalty provided by law, any person, firm, or corporation which violates an order of the director after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the State of South Dakota a sum not to exceed two hundred fifty dollars which may be recovered in a civil action, except that if such violation is found to be willful, the amount of such penalty shall be a sum not to exceed one thousand dollars.
Source:
SL 1966, ch 111, ch 27, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-38 - Citation of chapter.

58-19-38. Citation of chapter.
This chapter may be cited as "The Model Act for the Regulation of Credit Life Insurance and Credit Health Insurance."
Source:
SL 1966, ch 111, ch 27, §2 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-39 - Credit unemployment insurance sold in connection with loans subject to chapter.

58-19-39. Credit unemployment insurance sold in connection with loans subject to chapter.
Any credit unemployment insurance sold in connection with loans or other credit transactions is subject to the provisions of this chapter to the extent such provisions are not inconsistent with the specific provisions of §§58-19-40 to 58-19-46, inclusive.
Source:
SL 1987, ch 380, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-40 - Credit unemployment insurance not required by lender in consumer transactions.

58-19-40. Credit unemployment insurance not required by lender in consumer transactions.
Credit unemployment insurance may be offered but in no event may be required by the lender in consumer transactions. This shall be clearly and conspicuously disclosed to the consumer in the loan agreement.
Source:
SL 1987, ch 380, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-41 - Coverage of credit unemployment insurance to begin first day of unemployment.

58-19-41. Coverage of credit unemployment insurance to begin first day of unemployment.
Credit unemployment insurance shall provide coverage beginning with the first day of unemployment. However, the policy may include a waiting period before the consumer may file a claim.
Source:
SL 1987, ch 380, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-42 - Credit unemployment insurance separately sold and priced--Exception--Not to be required for credit card issuance or renewal.

58-19-42. Credit unemployment insurance separately sold and priced--Exception--Not to be required for credit card issuance or renewal.
Credit unemployment insurance shall be sold separately and shall be separately priced from any other insurance offered or sold at the same time unless credit unemployment insurance is included as part of an insurance offering by a credit card issuer. However, credit unemployment insurance may not be required as a condition for the issuance or renewal of a credit card.
Source:
SL 1987, ch 380, §4; SL 1988, ch 403.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-43 - Filing of credit unemployment insurance policies, certificates, notices, applications, endorsements, and riders, and premium rate schedules.

58-19-43. Filing of credit unemployment insurance policies, certificates, notices, applications, endorsements, and riders, and premium rate schedules.
All credit unemployment insurance policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this state and the schedules of premium rates pertaining thereto shall be filed with the director.
Source:
SL 1987, ch 380, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-44 - Disapproval by director if premium rates excessive or provisions unjust.

58-19-44. Disapproval by director if premium rates excessive or provisions unjust.
Within thirty days after the filing of any credit unemployment insurance policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement, or rider, the director shall disapprove any such form if the premium rates charged or to be charged are excessive in relation to benefits, or if such form contains provisions which are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of this title.
Source:
SL 1987, ch 380, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-45 - Test of reasonableness of benefits to premium charged--Prima facie evidence--Restriction on commissions.

58-19-45. Test of reasonableness of benefits to premium charged--Prima facie evidence--Restriction on commissions.
With regard to credit unemployment insurance, the basic test of the reasonableness of the relation of benefits to the premium charged shall be the development of an anticipated loss ratio of claims incurred to premiums earned of at least fifty percent. If the total current expected expenses, including acquisition expenses, exceed fifty percent of the premium dollar, this shall be considered prima facie evidence that a company intends to write credit business at a loss ratio which is not in compliance with this rule. Commissions, including retrospective premium refunds, bonuses, or acquisition expenses, may not exceed forty percent. If any company is not in compliance with this rule, it shall show just cause why the premium rates as filed should not be disapproved.
Source:
SL 1987, ch 380, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-46 - Review of insurance company's actuarial data--Reimbursement of cost.

58-19-46. Review of insurance company's actuarial data--Reimbursement of cost.
In approving or establishing the premium rates for credit unemployment insurance, the division shall review the insurance company's actuarial data to assure that the rates are fair and reasonable. The insurance director may hire or contract with a qualified actuary to review the data. The insurance division shall obtain reimbursement from the insurance company for the cost of the actuarial review of rates.
Source:
SL 1987, ch 380, §8; SL 2002, ch 238, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-47 - Group property insurance authorized by credit card subject to chapter.

58-19-47. Group property insurance authorized by credit card subject to chapter.
Any group property insurance authorized by credit card is subject to the provisions of this chapter to the extent such provisions are not inconsistent with the specific provisions of §§58-19-48 to 58-19-50, inclusive.
Source:
SL 2001, ch 281, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-48 - Group property insurance to be sold and priced separately--Exceptions--Insurance not to be condition for issuance or renewal of credit card.

58-19-48. Group property insurance to be sold and priced separately--Exceptions--Insurance not to be condition for issuance or renewal of credit card.
Group property insurance authorized by credit card shall be sold separately and shall be separately priced from any other insurance offered or sold at the same time unless it is included as part of an insurance offering provided to the debtor through the use of a credit card purchase of goods or services. Group property insurance authorized by credit card may not be required as a condition for the issuance or renewal of a credit card.
Source:
SL 2001, ch 281, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-49 - All group property insurance policies, certificates, and documentation to be filed with the director.

58-19-49. All group property insurance policies, certificates, and documentation to be filed with the director.
All group property insurance authorized by credit card insurance policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in this state and the schedules of premium rates pertaining thereto shall be filed with the director.
Source:
SL 2001, ch 281, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-50 - Disapproval of group property insurance by director--Grounds--Time limit.

58-19-50. Disapproval of group property insurance by director--Grounds--Time limit.
Within thirty days after the filing of any group property insurance authorized by credit card insurance policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement or rider, the director shall disapprove any such form if the premium rates charged or to be charged are excessive in relation to benefits, or if such form contains provisions which are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of the insurance, or are contrary to any provision of this title. If such filing is not disapproved by the director within this thirty-day period, it shall be deemed approved.
Source:
SL 2001, ch 281, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-1 - Definition of terms.

58-20-1. Definition of terms.
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
(1)"Compensation" shall relate to all insurances effected by virtue of statutes providing compensation to employees for personal injuries irrespective of fault of the employer;
(2)"Earned premiums" shall include gross premiums charged on all policies written, including all determined excess and additional premiums, less return premiums, other than premiums returned to policyholders as dividends, and less reinsurance premiums and premiums on policies canceled, and less unearned premiums on policies in force. Any participating insurer which has charged in its premiums a loading solely for dividends, shall not be required to include such loading in its earned premiums, provided a statement of the amount of such loading has been filed with and approved by the director;
(3)"Liability" shall relate to all insurance except compensation insurance against loss or damage from accident to or injury suffered by an employee or other person and for which the insured is liable;
(4)"Loss payments" and "loss expense payments" shall include payments to claimants, including payments for medical or surgical attendants, legal expenses, salaries and expenses of investigators, adjusters and field men, rents, stationery, telegraph and telephone charges, postage, salaries and expenses of office employees, home office expenses, and all other payments made on account of claims, whether such payments shall be allocated to specific claims or unallocated.
Source:
SL 1966, ch 111, ch 29, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-2 - Policies subject to chapter.

58-20-2. Policies subject to chapter.
All policies or contracts made for the insurance of the compensation provided by the title, Workers' Compensation, or against employers' liability described in §58-20-12, shall be deemed to be made subject to the provisions of this chapter and all provisions of such policies inconsistent herewith shall be void.
Source:
SL 1966, ch 111, ch 29, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-3 - Issuance of policies covering employers as well as employees--Wage values of employers--Rights and remedies of employers.

58-20-3. Issuance of policies covering employers as well as employees--Wage values of employers--Rights and remedies of employers.
Any insurer authorized or which may be authorized to write workers' compensation insurance in this state, shall be and is hereby authorized to issue policies covering employers who perform labor incidental to their occupations as well as employees, such policies insuring to such employers the same compensation as provided for their employees and at the same rates. The estimation of wage values of employers as herein mentioned, shall be reasonable and separately stated in and added to the valuation of their payrolls on which their premiums are computed. Employers so insured shall have the same rights and remedies as are given to an employee under Title 62.
Source:
SL 1966, ch 111, ch 29, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-3.1 - Premiums based on certain wages prohibited.

58-20-3.1. Premiums based on certain wages prohibited.
Premiums for workers' compensation insurance may not be based on wages paid to employees while they are on vacation, holidays, or sick leave or on wages received from employment not performed for the insured employer.
Source:
SL 1983, ch 386; SL 2016, ch 236, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-4 - Separate coverage of workers' compensation liabilities.

58-20-4. Separate coverage of workers' compensation liabilities.
Every policy of workers' compensation insurance, issued or delivered in this state by an authorized domestic or foreign insurer, shall cover separately and for a separate consideration, all the liabilities which are imposed upon an insurer by the provisions of the title, Workers' Compensation, and amendments thereof, whatever other contingencies may be insured by riders attached thereto or endorsements made thereon.
Source:
SL 1966, ch 111, ch 29, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-5 - Entire liability of employer to employees covered by policy--Separate policy for specified plant or work location, special authorization.

58-20-5. Entire liability of employer to employees covered by policy--Separate policy for specified plant or work location, special authorization.
Every policy of insurance issued by a stock insurer, or by a mutual association authorized to transact workers' compensation or employers' liability insurance in this state, shall cover the entire liability of the employer to his employees covered by the policy or contract. However, if specifically authorized by the director, a separate policy may be issued for a specified plant or work location if the liability of such employer under this chapter to all his other employees, is otherwise secured.
Source:
SL 1966, ch 111, ch 29, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-6 - Agreement of insurer as to prompt payment--Obligation not affected by any default of insured after injury--Direct obligation of insurer.

58-20-6. Agreement of insurer as to prompt payment--Obligation not affected by any default of insured after injury--Direct obligation of insurer.
No such policy of insurance shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to compensation all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury, or by any default in the giving of any notice required by such policy, or otherwise. Such agreement shall be construed to be a direct obligation by the insurer to the person entitled to compensation, enforceable in his name.
Source:
SL 1966, ch 111, ch 29, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-7 - Right of employees to enforce liability of insurance carrier--Inclusion of provision in policy.

58-20-7. Right of employees to enforce liability of insurance carrier--Inclusion of provision in policy.
Every policy of insurance issued by a stock insurer or by a mutual insurer shall contain a provision setting forth the right of the employees to enforce in their own names, either by at any time filing a separate claim or by at any time making the insurance carrier a party to the original claims, the liability of the insurance carrier in whole or in part for the payment of such compensation.
Source:
SL 1966, ch 111, ch 29, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-8 - Payment of compensation by employer or insurance carrier bars recovery against the other.

58-20-8. Payment of compensation by employer or insurance carrier bars recovery against the other.
Payment of such compensation, in whole or in part, by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
Source:
SL 1966, ch 111, ch 29, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-9 - Lien of worker upon amount due under policy--Inability of insured, direct payment by insurer to worker, agents, and dependents.

58-20-9. Lien of worker upon amount due under policy--Inability of insured, direct payment by insurer to worker, agents, and dependents.
Every policy shall provide that the worker shall have a first lien upon any amount becoming due on account of such policy to the insured from the insurer, and that in case of the legal incapacity, inability, or disability of the insured to receive the amount due and pay it over to the insured worker, or his dependents, such insurer shall pay the same directly to such worker, his agent, or to a trustee for him or his dependents, to the extent of discharging any obligation of the insured and to such worker or his dependents.
Source:
SL 1966, ch 111, ch 29, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-10 - Notice to either employer or insurer--Required policy provision.

58-20-10. Notice to either employer or insurer--Required policy provision.
Every policy issued by any corporation, association or organization to assure the payment of compensation under the provisions of the title "Workers' Compensation" shall contain a clause providing that, as between any employer and the insurer, notice or knowledge of the occurrence of injury or death on the part of the insured shall be notice or knowledge on the part of the insurer; and jurisdiction of the insured for the purpose of this chapter shall be jurisdiction of the insurer, and the insurer shall be bound by every agreement, adjudgment, award, or judgment rendered against the insured.
Source:
SL 1966, ch 111, ch 29, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-11 - Provision relieving insurer from payment on insolvency of insured prohibited.

58-20-11. Provision relieving insurer from payment on insolvency of insured prohibited.
No such policy of insurance issued shall contain any provision relieving the insurer from payment if the insured becomes insolvent or discharged in bankruptcy during the period that the policy is in operation, or the compensation, or any part of it, is due and unpaid.
Source:
SL 1966, ch 111, ch 29, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-12 - Policy insuring against employers' liability other than workers' compensation--Required provisions--Liability of insurer--Actions for recovery.

58-20-12. Policy insuring against employers' liability other than workers' compensation--Required provisions--Liability of insurer--Actions for recovery.
Every policy written insuring against the liability of employers for personal injuries, other than payment of compensation under the provisions of the title, Workers' Compensation, shall contain provisions to the effect that the insurer shall be directly liable to the injured party, and, in the event of his death, to the party entitled to sue therefor, to pay him the amount of damages for which such insured is liable. Such injured party, or, in the event of his death, the party entitled to sue therefor, in his suit against the insured, may join the insurer as a defendant, in which case judgment shall bind either or both the insured and the insurer, or such injured party, or in the event of his death, the party entitled to sue therefor, after having obtained judgment against the insured alone, may proceed on such judgment in a separate claim against such insurer; but payment of such liability, in whole or in part, by either the insured or the insurer shall, to the extent thereof, be a bar to recovery against the other of the amount so paid. In no case shall the insurer be liable for damages beyond the face amount of the policy.
Source:
SL 1966, ch 111, ch 29, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-13 - Form of insurance to be approved before issuance--Ruling subject to appeal.

58-20-13. Form of insurance to be approved before issuance--Ruling subject to appeal.
No such policy of compensation or liability insurance or rider shall be issued or delivered in this state until a copy of the form thereof shall have been filed with the director at least thirty days, unless prior to the expiration of such thirty days, the director shall in writing approve such form; also, no such policy or rider shall be issued if the director, in writing, notifies the insurer that in his opinion the form of such policy or rider does not comply with the provisions of this chapter, specifying the reasons. Such ruling shall be subject to appeal, the same as other decisions of the director in quasi-judicial matters.
Source:
SL 1966, ch 111, ch 29, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-14 - Cancellation of policy--Notice of intention to cancel--Service on employer.

58-20-14. Cancellation of policy--Notice of intention to cancel--Service on employer.
No workers' compensation policy may be cancelled for nonpayment of premiums unless notice of the cancellation has been sent by mail to the employer at least ten days prior to the date of cancellation. Any policy cancelled for reasons other than nonpayment of premiums is subject to the provisions of §§58-33-59 to 58-33-65.1, inclusive. For any cancellation, the insurer shall provide notice to the Department of Labor and Regulation at the same time notice is provided to the employer. The notice shall be served on the employer by delivering it to the employer or by sending it by mail, by registered or certified letter addressed to the employer at the employer's last known place of residence, but if the employer is a partnership, then such notice may be so given to any one of the partners, and if the employer be a corporation, then the notice may be given to any agent or officer of the corporation upon whom legal process may be served.
Source:
SL 1966, ch 111, ch 29, §11; SL 1971, ch 275, §6; SL 1982, ch 28, §18; SL 2004, ch 306, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-15 - Equitable apportionment among insurers of applicants for policies--Participation by all insurers--Appeal to director--Judicial review.

58-20-15. Equitable apportionment among insurers of applicants for policies--Participation by all insurers--Appeal to director--Judicial review.
After consultation with insurers authorized to issue workers' compensation policies in this state, the director shall provide or approve a reasonable plan or plans for the equitable apportionment among such insurers of applicants for such workers' compensation policies who are in good faith entitled to but unable to procure such policies through ordinary methods. The director may approve applicants who are only able to procure workers' compensation policies at a rate that substantially exceeds that of the rate in the plan. When any such plans have been made by or been approved by the director, all such insurers shall subscribe thereto and participate therein. Any applicant for any such policy, any person insured under any such plan, and any insurer affected thereby, may appeal to the director from any ruling or decision of the manager or committee designated to operate such plan. Any person aggrieved hereunder by any order or act of the director may, within ten days after notice thereof, file a petition in the circuit court for the county of Hughes, or in the circuit court for the county in which applicant is a resident, for a review thereof. The court shall summarily hear the petition and make any appropriate order or decree.
Source:
SL 1966, ch 111, ch 29, §15; SL 2004, ch 306, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-16 - Reinsurance reserve--Amount required.

58-20-16. Reinsurance reserve--Amount required.
Any insurer engaging in the business of writing workers' compensation insurance in this state shall maintain a reinsurance reserve for outstanding losses under such insurance, for which the insured is liable as follows:
(1)For all liability suits being defended under policies written more than ten years prior to the date as of which the statement is made, one thousand five hundred dollars for each suit; five and less than ten years prior to the date as of which the statement is made, one thousand dollars for each suit; three and less than five years prior to the date as of which the statement is made, eight hundred fifty dollars for each suit.
(2)For all liability policies written during the three years immediately preceding the date as of which the statement is made, such reserve shall be sixty percent of the earned liability premiums of each of such years, less all loss and loss expense payments made under liability policies written in the corresponding years; but in any event, such reserve shall, for the first of such three years, be not less than seven hundred fifty dollars for each outstanding liability suit on said year's policies.
(3)For all compensation claims under policies written more than three years prior to the date as of which the statement is made, the present values at four percent interest of the determined and the estimated future payments.
(4)For all compensation claims under policies written in the three years immediately preceding the date as of which the statement is made, such reserve shall be sixty-five percent of the earned compensation premiums of each of such three years, less all loss and loss expense payments made in connection with such claims under policies written in the corresponding years; but in any event, in the case of the first year of any such three-year period, such reserve shall be not less than the present value at four percent interest of the determined and the estimated unpaid compensation claims under policies written during such year.
Source:
SL 1966, ch 111, ch 29, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-17 - Unallocated compensation loss expense payments--Distribution schedule included in annual statement.

58-20-17. Unallocated compensation loss expense payments--Distribution schedule included in annual statement.
All unallocated compensation loss expense payments made in a given calendar year subsequent to the first three years in which an insurer has been issuing compensation policies shall be distributed as follows: forty percent shall be charged to the policies written in that year, forty-five percent to the policies written in the preceding year, ten percent to the policies written in the second year preceding and five percent to the policies written in the third year preceding, and such payments made in each of the first three calendar years in which an insurer issues compensation policies shall be distributed as follows: in the first calendar year one hundred percent shall be charged to the policies written in that year; in the second calendar year fifty percent shall be charged to the policies written in that year and fifty percent to the policies written in the preceding year; in the third calendar year forty-five percent shall be charged to the policies written in that year, forty-five percent to the policies written in the preceding year and ten percent to the policies written in the second year preceding; and a schedule showing such distribution shall be included in the annual statement.
Source:
SL 1966, ch 111, ch 29, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-18 - Unallocated liability loss expense payments--Distribution schedule included in annual statement.

58-20-18. Unallocated liability loss expense payments--Distribution schedule included in annual statement.
All unallocated liability loss expense payments made in a given calendar year, subsequent to the first four years in which an insurer has been issuing liability policies, shall be distributed as follows: thirty-five percent shall be charged to the policies written in that year, forty percent to the policies written in the preceding year, ten percent to the policies written in the second year preceding, ten percent to the policies written in the third year preceding, and five percent to the policies written in the fourth year preceding, and such payments made in each of the first four calendar years in which an insurer issues liability policies shall be distributed as follows: In the first calendar year one hundred percent shall be charged to the policies written in that year; in the second calendar year fifty percent shall be charged to the policies written in that year and fifty percent to the policies written in the preceding year; in the third calendar year forty percent shall be charged to the policies written in that year, forty percent to the policies written in the preceding year, and twenty percent to the policies written in the second year preceding; in the fourth calendar year thirty-five percent shall be charged to the policies written in that year, forty percent to the policies written in the preceding year, fifteen percent to the policies written in the second year preceding, and ten percent to the policies written in the third year preceding; and a schedule showing such distribution shall be included in the annual statement.
Source:
SL 1966, ch 111, ch 29, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-19 - Inadequacy of liability or compensation loss reserves--Maintenance of additional reserves required by director.

58-20-19. Inadequacy of liability or compensation loss reserves--Maintenance of additional reserves required by director.
Whenever, in the judgment of the director, the liability or compensation loss reserves of any insurer under his supervision, calculated in accordance with the provisions of §§58-20-16 to 58-20-18, inclusive, are inadequate, he may require such insurer to maintain additional reserves based upon estimated individual claims or otherwise.
Source:
SL 1966, ch 111, ch 29, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-20 - Annual statement--Inclusion of experience schedule.

58-20-20. Annual statement--Inclusion of experience schedule.
Each insurer that writes liability or compensation policies shall include in the annual statement required by law a schedule of its experience thereunder in such form as the director may prescribe.
Source:
SL 1966, ch 111, ch 29, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-21 - Annual workplace safety review services--Recommendations for improved safety--Increased premiums.

58-20-21. Annual workplace safety review services--Recommendations for improved safety--Increased premiums.
Any insurer writing workers' compensation insurance in this state shall offer to conduct or contract for annual workplace safety review services, including review reports with written recommendations for improved safety procedures, to each of its insureds whose policy premium is five thousand dollars or more, unless the employer has five or fewer employees. No written recommendation prepared by an insurer pursuant to this section is subject to discovery or disclosure under chapter 15-6 or any other provision of law or admissible as evidence in any action of any kind in any court or arbitration forum. However, the recommendation may be disclosed to a subsequent insurer of the employer. Compliance with this section does not constitute an undertaking by an insurer to supplant any responsibility its insured may otherwise have for workplace safety. Any employer subject to this section shall have workplace safety reviews conducted by the employer's insurer at least once every three years. If an insurer makes a written recommendation to correct a safety deficiency pursuant to §58-20-21, including failure to post safety posters as required by §62-2-11, and the deficiency has not been corrected at the time of a subsequent safety review, the insured is subject to an appropriate increase in premium as determined by the insurer subject to the approval of the director. The insurer is not responsible for inspecting for compliance with federal or state safety laws or regulations.
Source:
SL 1992, ch 364, §8; SL 1993, ch 362, §1; SL 1997, ch 292, §1; SL 2004, ch 306, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-22 - Premium reductions and premium increases for certain insurers.

58-20-22. Premium reductions and premium increases for certain insurers.
Any insurer writing workers' compensation in this state shall provide an appropriate reduction in premium, as determined by the insurer, to its insureds that due to size do not qualify for experience rating and who have not incurred liability for indemnity compensation or for medical losses exceeding an amount to be determined by the insurer subject to approval by the director for the past three years. Further, any insured that due to size does not qualify for experience rating and who has incurred liability for indemnity compensation or for medical losses exceeding an amount to be determined by the insurer subject to approval by the director during the past three years is subject to an appropriate increase in premium as determined by the insurer.
Source:
SL 1992, ch 364, §9; SL 1993, ch 362, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-23 - Liability for indemnity compensation or medical loss defined.

58-20-23. Liability for indemnity compensation or medical loss defined.
For purposes of §58-20-22, liability for indemnity compensation or medical losses means payment made to or on behalf of the injured worker for medical costs, loss of wages, or injuries resulting in permanent total, permanent partial, or temporary disabilities, as defined in §§62-1-1, 62-4-1, and 62-4-6.
Source:
SL 1992, ch 364, §10; SL 1993, ch 362, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-24 - Policy to provide medical services and health care.

58-20-24. Policy to provide medical services and health care.
Effective January 1, 1995, every policy issued by any corporation, association, or organization to assure the payment of compensation under the provisions of the title, Workers' Compensation, shall contain provisions to provide medical services and health care to injured workers for compensable injuries and diseases under a case management plan that meets the requirements established in rules promulgated by the Department of Labor and Regulation pursuant to chapter 1-26. All policies and plans shall meet the requirements of §58-17-54. However, the requirements of this section become effective January 1, 1994, for insurers issuing policies pursuant to §58-20-15.
Source:
SL 1993, ch 381, §5; SL 1999, ch 261, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.

58-20-25. Terms as used in §§58-20-25 to 58-20-40.
Terms used in §§58-20-25 to 58-20-40, inclusive, mean:
(1)"Administrator," a person, partnership, limited liability company, or corporation engaged by a workers' compensation self-insurance association to carry out the policies established by the association and to provide management for the association;
(2)"Association," a not-for-profit workers' compensation self-insurance association consisting of two or more employers which are electric utilities, or an electric utility trade association, which enter into agreements to pool their liabilities for workers' compensation benefits in this state;
(3)"Certificate," a workers' compensation self-insurance certificate issued by the department in accordance with §§58-20-25 to 58-20-40, inclusive;
(4)"Department," the South Dakota Department of Labor and Regulation;
(5)"Insolvency," the inability of an association to pay its outstanding lawful obligations as they mature in the regular course of business, as may be shown either by an excess of its required reserves and other liabilities over its assets, or by its not having sufficient assets to reinsure all of its outstanding liabilities after paying all accrued claims owed by it; and
(6)"Workers' compensation liability," liability to which an electric utility company is subject as an employer under the South Dakota workers' compensation law.
Source:
SL 1995, ch 282, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-26 - Electric utilities authorized to form self-insurance associations.

58-20-26. Electric utilities authorized to form self-insurance associations.
Any two or more electric utility employers or their trade associations may form an association for the purpose of providing to members group self-insurance to protect members against losses arising from workers' compensation liability.
Source:
SL 1995, ch 282, §2.