reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-18 - Allowance to industrial policyholder for making payments to office of insurer permitted.

58-33-18. Allowance to industrial policyholder for making payments to office of insurer permitted.
Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, in the case of life insurance and health insurance policies issued on the industrial debit, preauthorized check, bank draft, or similar plans, making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer or by preauthorized check, bank draft, or similar plans, in an amount which fairly represents the saving in collection expense.
Source:
SL 1966, ch 111, ch 13, §15 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-19 - Readjustment of premium rate permitted for group policy based on loss or expense experience.

58-33-19. Readjustment of premium rate permitted for group policy based on loss or expense experience.
Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, readjustment of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year.
Source:
SL 1966, ch 111, ch 13, §15 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-20 - Reduction of premium rate permitted for large policies.

58-33-20. Reduction of premium rate permitted for large policies.
Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, reduction of premium rate for policies of large amount but not exceeding savings in issuance and administration expenses reasonably attributable to such policies as compared with policies of similar plan issued in smaller amounts.
Source:
SL 1966, ch 111, ch 13, §15 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-21 - Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan.

58-33-21. Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan.
Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuing life or health insurance policies or annuity contracts on a salary savings or payroll deduction plan or other distribution plan at reduced rate reasonably commensurate with the savings made by the use of such plan.
Source:
SL 1966, ch 111, ch 13, §15 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-22 - Increase in health insurance benefits by maintaining policy in force permitted.

58-33-22. Increase in health insurance benefits by maintaining policy in force permitted.
Nothing in §§58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuance of health insurance policies which provide for increases in benefits to policyholders who maintain their policies continuously in force without lapse for specified periods.
Source:
SL 1966, ch 111, ch 13, §15 (6).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-23 - Life insurance benefits paid to beneficiary--Payment to tradesman or businessman as misdemeanor--Use of life insurance to pay costs of funeral--Fraternal benefit societies.

58-33-23. Life insurance benefits paid to beneficiary--Payment to tradesman or businessman as misdemeanor--Use of life insurance to pay costs of funeral--Fraternal benefit societies.
All life insurance benefits shall be paid in cash to the beneficiary. No insurer engaged in the business of life insurance shall contract to pay or pay such insurance benefits to any funeral director, undertaker, or undertaking business. Violation of this section is a Class 2 misdemeanor. This section does not prohibit an insurer from paying life insurance benefits to a funeral director, undertaker, or undertaking business, whether or not an assignment of the policy has been made pursuant to §58-11-36, if the insurer makes the payment pursuant to an assignment made by the beneficiary of the insurance benefits to a person or entity which performed burial or funeral services for the insured or contracted after the death of the insured to perform burial or funeral services for the insured. If the cost of the burial or funeral services performed is less than the benefit amount to be paid under the life insurance policy, the insurer shall pay the excess to the named beneficiary in accordance with the terms of the contract.
This section does not prohibit a fraternal benefit society from paying the proceeds of a life insurance policy in accordance with the provisions of §58-37A-17. An insurer that is not a fraternal benefit society may pay the proceeds of a life insurance policy in the same manner and subject to the same restrictions as provided for by §58-37A-17.
Source:
SL 1966, ch 111, ch 13, §22; SL 1978, ch 359, §2; SL 1995, ch 290; SL 2005, ch 278, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-24 - Rebate, discount, or special advantage as misdemeanor--Exception.

58-33-24. Rebate, discount, or special advantage as misdemeanor--Exception.
No insurer or any employee or representative thereof, and no insurance producer may pay, allow, or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in the policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy, except to the extent provided for in an applicable filing with the director as provided by law. Any violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 13, §16 (1); SL 1978, ch 359, §2; SL 2001, ch 286, §202.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-25 - Acceptance by insured of rebate, discount or special advantage as misdemeanor.

58-33-25. Acceptance by insured of rebate, discount or special advantage as misdemeanor.
No insured named in a policy, nor any employee of such insured shall knowingly receive or accept directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 13, §16 (2); SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-26 - Unfair discrimination as to terms and conditions of insurance as misdemeanor.

58-33-26. Unfair discrimination as to terms and conditions of insurance as misdemeanor.
No insurer shall make or permit any unfair discrimination between insureds or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the insurance. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 13, §16 (3); SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-27 - Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted.

58-33-27. Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted.
Nothing in §§58-33-24 to 58-33-26, inclusive, prohibits the payment of commissions or other compensation to duly licensed insurance producers, or prohibits any insurer from allowing or returning to its participating policyholders, members or subscribers, lawful dividends, savings, or unabsorbed premium deposits.
Source:
SL 1966, ch 111, ch 13, §16 (4); SL 2001, ch 286, §203.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-30 - Provisions not applicable to life or health insurance or annuities.

58-33-30. Provisions not applicable to life or health insurance or annuities.
Sections 58-33-24 to 58-33-27, inclusive, do not apply to life insurance, health insurance, or annuity contracts.
Source:
SL 1966, ch 111, ch 13, §§16 (5), 21 (3); SL 1979, ch 341, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-31 - Favored insurance producer or insurer as misdemeanor.

58-33-31. Favored insurance producer or insurer as misdemeanor.
No person may require as a condition precedent to loaning money upon the security of any real or personal property, or to the renewal or extension of any loan or mortgage, or to the selling of any property under contract, that the owner of the property to whom the money is to be loaned, or the vendee of the property being sold, shall place, continue, or renew any policy of insurance covering or to cover such property or covering any liability relating to such property or the use thereof, through a particular insurance producer or in a particular insurer or type of insurer or insurance producer. However, this provision does not prevent the reasonable exercise by any such the lender or vendor of the right to approve or disapprove of the insurer selected to underwrite the insurance on a reasonably nondiscriminatory basis. Any violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 13, §18; SL 1978, ch 359, §2; SL 2001, ch 286, §204.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-32 - Boycott, coercion, or intimidation as misdemeanor.

58-33-32. Boycott, coercion, or intimidation as misdemeanor.
No persons shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 13, §9; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-33 - Interlocking ownership or management permitted.

58-33-33. Interlocking ownership or management permitted.
Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition, or common management is inconsistent with any other provision of this title, or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly therein.
Source:
SL 1966, ch 111, ch 13, §19 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-34 - Directorship in two or more insurers permitted.

58-33-34. Directorship in two or more insurers permitted.
Any person otherwise qualified may be director of two or more insurers which are competitors, unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create a monopoly.
Source:
SL 1966, ch 111, ch 13, §19 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-35 - Collection of premium for insurance not provided as misdemeanor.

58-33-35. Collection of premium for insurance not provided as misdemeanor.
No person shall willfully collect any sum as premium or charge for insurance, which insurance is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this title. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 13, §20 (1); SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-36 - Illegal dealing in premiums and improper charges as misdemeanors.

58-33-36. Illegal dealing in premiums and improper charges as misdemeanors.
No person may willfully collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, and as specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the director; or, in cases where classifications, premiums, or rates are not required by this title to be so filed and approved, such premiums and charges may not be in excess of or less than those specified in the policy and as fixed by the insurer. Any violation of this section is a Class 2 misdemeanor. This section does not prohibit the charging and collection, by surplus line brokers licensed under chapter 58-32, of the amount of applicable state and federal taxes in addition to the premium required by the insurer. Nor does it prohibit the charging and collection, by a life insurer, of amounts actually to be expended for medical examination of an applicant for life insurance or for reinstatement of a life insurance policy.
Source:
SL 1966, ch 111, ch 13, §20 (2); SL 1978, ch 359, §2; SL 2001, ch 286, §205.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-37 - False application as misdemeanor--False claim or proof of loss as misdemeanor or felony.

58-33-37. False application as misdemeanor--False claim or proof of loss as misdemeanor or felony.
Any person who knowingly makes any false or fraudulent statement or representation with reference to any application for insurance is guilty of a Class 1 misdemeanor. Any person who knowingly presents or causes to be presented a false or fraudulent claim for the purpose of obtaining any money or benefit, or who submits any proof in support of such a claim for the payment of a loss upon a contract of insurance, or who prepares, makes, or subscribes a false or fraudulent account, certificate, affidavit or proof of loss, or other document or writing, with intent that the same may be presented or used in support of such a claim, is guilty of a Class 2 misdemeanor if such claim is for an amount of four hundred dollars or less; a Class 1 misdemeanor if such claims is for an amount greater than four hundred dollars and less than one thousand dollars; and a Class 4 felony if such claim is one thousand dollars or greater.
Source:
SL 1966, ch 111, ch 13, §23; SL 1977, ch 416, §2; SL 1999, ch 241, §18; SL 2006, ch 130, §21.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-37.1 - Aggregation of false claims or applications committed pursuant to one course of conduct.

58-33-37.1. Aggregation of false claims or applications committed pursuant to one course of conduct.
Amounts involved in false claims or applications for insurance committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the offense under §58-33-37.
Source:
SL 1977, ch 416, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-38 - Undefined unfair or deceptive practice--Findings by director.

58-33-38. Undefined unfair or deceptive practice--Findings by director.
If the director believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in this chapter, but that such method of competition is unfair or that such act or practice is unfair or deceptive and that a proceeding by him in respect thereto would be in the public interest, he shall, after a hearing of which notice of the hearing and of the charges against him are given such person, make a written report of his findings of fact relative to such charges and serve a copy thereof upon such person and any intervener at the hearing.
Source:
SL 1966, ch 111, ch 13, §5 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-39 - Action to restrain violation found by director--Record of hearing received in evidence.

58-33-39. Action to restrain violation found by director--Record of hearing received in evidence.
If such report charges a violation of this chapter and if such method of competition, act or practice has not been discontinued, the director may, through the attorney general of this state, at any time after the service of such report cause an action to be instituted to enjoin and restrain such person from engaging in such method, act, or practice. In such action the court may grant a restraining order or injunction upon such terms as may be just and the director shall not be required to give security before the issuance of any such order or injunction. If a stenographic record of the hearing before the director was made, a certified transcript thereof including all evidence taken and the report and findings shall be received in such action.
Source:
SL 1966, ch 111, ch 13, §5 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-40 - Cease and desist order of director.

58-33-40. Cease and desist order of director.
If, after a hearing thereon of which notice of the hearing and of the charges against him were given such person, the director of the Division of Insurance finds that any person in this state has engaged or is engaging in any act or practice defined in or prohibited under this chapter, the director may order the person to permanently cease and desist from the acts or practices.
Source:
SL 1966, ch 111, ch 13, §4 (1); SL 1985, ch 385, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-41 - Appeal from director's order.

58-33-41. Appeal from director's order.
If the director's report made under §58-33-38, or order on hearing made under §58-33-40 does not charge a violation of this chapter, then any intervener in the proceedings may appeal therefrom within the time and in the manner provided in chapter 1-26.
Source:
SL 1966, ch 111, ch 13, §5 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-42 - Finality of cease and desist order--Appeal by intervener.

58-33-42. Finality of cease and desist order--Appeal by intervener.
A cease and desist order pursuant to §58-33-40 shall become final upon expiration of the time allowed for appeals from the director's orders, if no such appeal is taken, or, in event of such an appeal, upon final decision of the court if the court affirms the director's order or dismisses the appeal. An intervener in such hearing shall have the right to appeal as provided in §58-33-41.
Source:
SL 1966, ch 111, ch 13, §4 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-43 - Affirmance of order of director--Order of court for obedience.

58-33-43. Affirmance of order of director--Order of court for obedience.
In the event of such appeal, to the extent that the director's order is affirmed, the court shall issue its own order commanding obedience to the terms of the director's order.
Source:
SL 1966, ch 111, ch 13, §4 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-44 - Liabilities and penalties not relieved by director's or court order.

58-33-44. Liabilities and penalties not relieved by director's or court order.
No order of the director pursuant to §58-33-40 or order of court to enforce it shall in any way relieve or absolve any person affected by such order from any other liability, penalty, or forfeiture under law.
Source:
SL 1966, ch 111, ch 13, §4 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-45 - Violation of desist order as misdemeanor.

58-33-45. Violation of desist order as misdemeanor.
A violation of a desist order authorized by this chapter is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 13, §4 (5); SL 1978, ch 359, §2; SL 1990, ch 158, §27.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-46 - Imposition of penalty not prevented by cease and desist order.

58-33-46. Imposition of penalty not prevented by cease and desist order.
Sections 58-33-40 to 58-33-45, inclusive, shall not be deemed to affect or prevent the imposition of any penalty provided by this title or by other law for violation of any other provision of this chapter, whether or not any such hearing is called or held or such desist order issued.
Source:
SL 1966, ch 111, ch 13, §4 (6).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-46.1 - Civil action for damages resulting from unfair or prohibited act--Attorneys' fees.

58-33-46.1. Civil action for damages resulting from unfair or prohibited act--Attorneys' fees.
Any person who claims to have been damaged by any act or practice declared to be unlawful by this chapter shall be permitted to bring a civil action for the recovery of all actual and consequential damages suffered as a result of such act or practice including reasonable attorneys' fees to be set by the court.
Source:
SL 1974, ch 319.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-47 - Process against unauthorized insurers for false advertising--Purpose of provisions.

58-33-47. Process against unauthorized insurers for false advertising--Purpose of provisions.
The purpose of §§58-33-47 to 58-33-57, inclusive, is to subject to the jurisdiction of the director and to the jurisdiction of the courts of this state insurers not authorized to transact business in this state which place in or send into this state any false advertising designed to induce residents of this state to purchase insurance from insurers not authorized to transact business in this state. The Legislature declares it is in the interest of the citizens of this state who purchase insurance from insurers which solicit insurance business in this state by false advertising that such insurers be subject to the provisions of §§58-33-47 to 58-33-57, inclusive. In furtherance of such state interest, the Legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states; the authority provided herein to be in addition to any existing powers of this state.
Source:
SL 1966, ch 111, ch 13, §26 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-48 - Definition of terms.

58-33-48. Definition of terms.
When used in §§58-33-47 to 58-33-57, inclusive:
(1)"Residents" shall mean and include any person, partnership or corporation, domestic, alien or foreign.
(2)"Unfair Trade Practice Act" shall mean §§58-33-1 to 58-33-46.1, inclusive, relating to unfair methods of competition and unfair and deceptive acts and practices in the business of insurance.
Source:
SL 1966, ch 111, ch 13, §27.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-49 - Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state.

58-33-49. Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state.
No unauthorized foreign or alien insurer of the kind described in §58-33-47 shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine, or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of the Unfair Trade Practice Act. Violation of this section is a Class 2 misdemeanor. Whenever the director shall have reason to believe that any such insurer is engaging in such unlawful advertising, it shall be his duty to give notice of such fact by registered or certified mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States.
Source:
SL 1966, ch 111, ch 13, §28; SL 1978, ch 359, §2; SL 1982, ch 28, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-50 - Action by director on failure of insurer to cease false advertising after notice.

58-33-50. Action by director on failure of insurer to cease false advertising after notice.
If after thirty days following the giving of the notice mentioned in §58-33-49 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this state, and if the director has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or doing any of the acts enumerated in §58-33-49, he shall take action against such insurer under the Unfair Trade Practice Act.
Source:
SL 1966, ch 111, §13, §29.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-51 - Acts constituting appointment of director as process agent.

58-33-51. Acts constituting appointment of director as process agent.
Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer:
(1)The issuance or delivery of contracts of insurance to residents of this state;
(2)The solicitation of applications for such contracts;
(3)The collection of premiums, membership fees, assessments, or other considerations for such contracts; or
(4)Any other transaction of insurance business;
is equivalent to and shall constitute an appointment by such insurer of the director to be its true and lawful attorney upon whom may be served all statements of charges, notices and lawful process in any proceedings instituted in respect to the misrepresentations set forth in §58-33-49 under the provisions of the Unfair Trade Practice Act, or in any action, suit, or proceeding for the recovery of any penalty therein provided, and any such act shall be signification of its agreement that such service of statement of charges, notices, or process is of the same legal force and validity as personal service of such statement of charges, notices, or process in this state, upon such insurer.
Source:
SL 1966, ch 111, ch 13, §30 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-52 - Service of process on director, copies delivered--Mailing of copy to defendant.

58-33-52. Service of process on director, copies delivered--Mailing of copy to defendant.
Service of a statement of charges and notices under said Unfair Trade Practice Act shall be made by delivering to and leaving with the director or some person in apparent charge of his office, two copies thereof. Service of process issued by any court in any action, suit, or proceeding to collect any penalty under said Unfair Trade Practice Act shall be made by delivering and leaving with the director, or some person in apparent charge of his office, two copies thereof. The director shall forthwith cause to be mailed by registered or certified mail one of the copies of such statement of charges, notices, or process to the defendant at its last known principal place of business, and shall keep a record of all statements of charges, notices, and process so served. Such service of statement of charges, notices, and process shall be sufficient provided they shall have been so mailed and the defendant's receipt or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the person mailing such letter showing a compliance herewith are filed with the director in the case of any statement of charges or notices, or with the clerk of the court in which such action is pending in the case of any process, on or before the date the defendant is required to appear or within such further time as the court may allow.
Source:
SL 1966, ch 111, ch 13, §30 (2); SL 1982, ch 28, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-53 - Service of process on agent of insurer.

58-33-53. Service of process on agent of insurer.
Service of statement of charges, notices, and process in any such proceeding, action, or suit shall in addition to the manner provided in §58-33-52 be valid if served upon any person within this state who on behalf of such insurer is:
(1)Soliciting insurance; or
(2)Making, issuing, or delivering any contract of insurance; or
(3)Collecting or receiving in this state any premium for insurance;
and if a copy of such statement of charges, notices, or process is sent within ten days thereafter by registered or certified mail by or on behalf of the director to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter, the name and address of the person to whom the letter is addressed, and the affidavit of the person mailing the same showing a compliance herewith, are filed with the director in the case of any statement of charges or notices, or with the clerk of the court in which such action is pending in the case of any process, on or before the date the defendant is required to appear or within such further time as the court may allow.
Source:
SL 1966, ch 111, ch 13, §30 (3); SL 1982, ch 28, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-54 - Additional method of service of process and notice.

58-33-54. Additional method of service of process and notice.
Service of process and notice under the provisions of this title shall be in addition to all other methods of service provided by law, and nothing in this chapter shall limit or prohibit the right to serve any statement of charges, notices, or process upon an insurer in any other manner now or hereafter permitted by law.
Source:
SL 1966, ch 111, ch 13, §30 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-55 - Waiting period before entry of default order or judgment.

58-33-55. Waiting period before entry of default order or judgment.
No cease or desist order or judgment by default under §§58-33-51 to 58-33-53, inclusive, shall be entered until the expiration of thirty days from the date of the filing of the affidavit of compliance.
Source:
SL 1966, ch 111, ch 13, §30 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-56 - Liberal construction of process provisions.

58-33-56. Liberal construction of process provisions.
The provisions of §§58-33-47 to 58-33-57, inclusive, shall be liberally construed.
Source:
SL 1966, ch 111, ch 13, §26 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-57 - Severability of provisions.

58-33-57. Severability of provisions.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source:
SL 1966, ch 111, ch 13, §31.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-58 - Citation of provisions for process against unauthorized insurers for false advertising.

58-33-58. Citation of provisions for process against unauthorized insurers for false advertising.
Sections 58-33-47 to 58-33-57, inclusive, may be cited as the Unauthorized Insurers False Advertising Process Act.
Source:
SL 1966, ch 111, ch 13, §25.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-59 - Cancellation of insurance--Definitions.

58-33-59. Cancellation of insurance--Definitions.
Terms, used in this section and §§58-33-60 to 58-33-65, inclusive, mean:
(1)"Cancellation," termination by the insurer of insurance coverage in whole or in part during the policy term. A policy with no fixed expiration date is considered a policy period or term of one year;
(2)"Insurance," includes those policies of insurance defined in §§58-9-5 to 58-9-27, inclusive;
(3)"Nonpayment of premium," the failure of the named insured to discharge any obligation in connection with the payment of premiums on policies of insurance subject to this section and §§58-33-60 to 58-33-65, inclusive, whether such payments are directly payable to the insurer or its insurance producer or indirectly payable under a premium finance plan or extension of credit.
Source:
SL 1985, ch 392, §1; SL 1986, ch 27, §54; SL 1999, ch 259, §1; SL 2001, ch 286, §206.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-60 - Notice of cancellation required--Time--Contents.

58-33-60. Notice of cancellation required--Time--Contents.
A notice of cancellation of insurance coverage by an insurer shall be mailed or delivered by the insurer to the named insured at least twenty days before the effective cancellation date and shall be accompanied by a written explanation of the specific reasons for the cancellation.
Source:
SL 1985, ch 392, §2; SL 1999, ch 259, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-61 - Grounds for cancellation.

58-33-61. Grounds for cancellation.
After sixty days from the effective date of policy issuance a notice of cancellation may not be issued unless it is based upon at least one of the following reasons:
(1)Nonpayment of premium;
(2)Discovery of fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing the policy, or in presenting a claim under the policy;
(3)Discovery of acts or omissions on the part of the named insured which increase any hazard insured against;
(4)The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued;
(5)A violation of any local fire, health, safety, building, or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against;
(6)A determination by the director of the Division of Insurance that the continuation of the policy would jeopardize a company's solvency or would place the insurer in violation of the insurance laws of this state;
(7)Violation or breach by the insured of any policy terms or conditions; or
(8)Such other reasons as are approved by the director of the Division of Insurance.
Source:
SL 1985, ch 392, §3; SL 1986, ch 421, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-62 - Complaint of violation to division--Determination of reasonableness--Hearing.

58-33-62. Complaint of violation to division--Determination of reasonableness--Hearing.
Upon a complaint alleging a violation of any provision of §§58-33-59 to 58-33-65, inclusive, filed by a person with the Division of Insurance within sixty days after the cancellation date of the policy, the director of the Division of Insurance shall determine if the complaint is reasonably founded. If the director determines that the complaint is reasonably founded or otherwise has reason to believe that an insurer has engaged in practices that violate any provisions of §§58-33-59 to 58-33-65, inclusive, a hearing on the matter shall be set pursuant to chapter 1-26.
Source:
SL 1985, ch 392, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-63 - Reinstatement and money penalty for violation.

58-33-63. Reinstatement and money penalty for violation.
If the director of the Division of Insurance determines in a final order that the insurer has violated any provision of §§58-33-59 to 58-33-65, inclusive, the director shall require the insurer to reinstate insurance coverage to the end of the policy period. The director may also assess a money penalty against an insurer for each violation of any provision of §§58-33-59 to 58-33-65, inclusive, in an amount set forth in §58-4-28.1 and may order the insurer to refrain from engaging in practices that violate the provisions of §§58-33-59 to 58-33-65, inclusive.
Source:
SL 1985, ch 392, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-64 - Immunity from liability for statements concerning cancellation.

58-33-64. Immunity from liability for statements concerning cancellation.
Except for knowingly supplying false information, there is no liability on the part of and no cause of action arises against the following persons for any communication giving notice of or specifying the reasons for a cancellation or for any statement made in connection with an attempt to discover or verify the existence of conditions that would provide grounds for cancellation of coverage under the provisions of §§58-33-59 to 58-33-65, inclusive:
(1)The director of the Division of Insurance;
(2)Any insurer or its authorized representatives, insurance producers, or employees;
(3)Any licensed insurance producer; or
(4)Any person furnishing information to an insurer as to reasons for a cancellation.
Source:
SL 1985, ch 392, §6; SL 2001, ch 286, §207.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-65 - Automobile policies exempt.

58-33-65. Automobile policies exempt.
Sections 58-33-59 to 58-33-64, inclusive, do not apply to the cancellation of automobile policies or coverages, as defined in §58-11-45.
Source:
SL 1985, ch 392, §7; SL 1988, ch 408.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-65.1 - Private remedy or right of action prohibited.

58-33-65.1. Private remedy or right of action prohibited.
Nothing contained in §§58-33-59 to 58-33-65, inclusive, may grant, or be construed to grant, any private remedy or right of action.
Source:
SL 1986, ch 421, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-66 - Unfair or deceptive insurance practices.

58-33-66. Unfair or deceptive insurance practices.
Unfair or deceptive acts or practices in the business of insurance include the following:
(1)Failing to respond to an inquiry from or failing to supply documents requested by the Division of Insurance within twenty days of receipt of such inquiry or request;
(2)Knowingly supplying the Division of Insurance with false, misleading, or incomplete information.
Source:
SL 1986, ch 422, §1; SL 1989, ch 439, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-67 - Unfair or deceptive practices in dealing with insured.

58-33-67. Unfair or deceptive practices in dealing with insured.
In dealing with the insured or representative of the insured, unfair or deceptive acts or practices in the business of insurance include, but are not limited to, the following:
(1)Failing to acknowledge and act within thirty days upon communications with respect to claims arising under insurance policies and to adopt and adhere to reasonable standards for the prompt investigation of such claims;
(2)Making claims payments to any claimant, insured, or beneficiary not accompanied by a statement setting forth the coverage under which the payments are being made;
(3)Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement;
(4)Failing to promptly settle claims, where liability has become reasonably clear under one portion of the insurance policy coverage to influence settlements under other portions of the insurance policy coverage;
(5)Requiring as a condition of payment of a claim that repairs to any damaged vehicle shall be made by a particular contractor or repair shop;
(6)Failing to make a good faith assignment of the degree of contributory negligence in ascertaining the issue of liability;
(7)Unless permitted by law and the insurance policy, refusing to settle a claim of an insured or claimant on the basis that the responsibility should be assumed by others.
Source:
SL 1986, ch 422, §2; SL 1989, ch 439, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-68 - Factors considered in determining action taken against violator--Failure to remedy situation--Administrative action.

58-33-68. Factors considered in determining action taken against violator--Failure to remedy situation--Administrative action.
The Division of Insurance, in interpreting and enforcing §§58-33-66 and 58-33-67, shall consider all pertinent facts and circumstances to determine the severity and appropriateness of action to be taken in regard to any violation of §§58-33-66 to 58-33-69, inclusive, including but not limited to, the following:
(1)The magnitude of the harm to the claimant or insured;
(2)Any actions by the insured, claimant, or insurer that mitigate or exacerbate the impact of the violation;
(3)Actions of the claimant or insured which impeded the insurer in processing or settling the claim;
(4)Actions of the insurer which increase the detriment to the claimant or insured. The director need not show a general business practice in taking administrative action for these violations.
However, no administrative action may be taken by the director for a violation of this section unless the insurer has been notified of the violation and refuses to take corrective action to remedy the situation.
Any administrative action taken by the director shall be pursuant to the provisions of chapter 1-26.
Source:
SL 1986, ch 422, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-69 - No private right of action.

58-33-69. No private right of action.
Nothing in §§58-33-66 to 58-33-69, inclusive, grants a private right of action.
Source:
SL 1986, ch 422, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-70 - Definitions--Aftermarket crash parts.

58-33-70. Definitions--Aftermarket crash parts.
Terms used in §58-33-71 mean:
(1)"Aftermarket crash part," a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;
(2)"Installer," an individual who actually does the work of replacing or repairing parts of a motor vehicle;
(3)"Insurer," an insurance company and any person authorized to represent the insurer with respect to a claim;
(4)"Nonoriginal equipment manufacturer (non-OEM) aftermarket crash part," aftermarket crash parts not made for or by the manufacturer of the motor vehicle;
(5)"Repair facility," any motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
Source:
SL 1990, ch 408, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-71 - Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document.

58-33-71. Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document.
No insurer may specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle, nor may a repair facility or installer use non-OEM aftermarket parts to repair a vehicle, unless the consumer is advised in writing. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:
(1)The written estimate shall clearly identify each such part; and
(2)A disclosure document containing the following information in ten point type or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
Any violation of this section shall be enforced through the provisions of this chapter and shall be enforced by the penalties provided for in this chapter.
Source:
SL 1990, ch 408, §§3, 4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-74 - Gifts for advertising or promotional programs.

58-33-74. Gifts for advertising or promotional programs.
Nothing in this chapter prohibits a licensed insurer or its officers or employees or an insurance producer from giving to insureds, prospective insureds, or others for advertising purposes or promotional programs, any article of merchandise having an invoice value of not more than one hundred dollars.
Source:
SL 1992, ch 355; SL 2001, ch 286, §210; SL 2019, ch 215, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-75 - Definitions.

58-33-75. Definitions.
Terms used in §§58-33-76 to 58-33-82, inclusive, mean:
(1)"Authorized agency," the Department of Labor and Regulation, the attorney general, any state's attorney, any duly constituted criminal investigative department or agency of the United States, and any county or municipal law enforcement agency having investigative jurisdiction; and
(2)"False or fraudulent claim, statement, or representation," any act of insurance fraud as defined by §58-33-37.
Source:
SL 1993, ch 368, §1; SL 2004, ch 17, §308; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.