reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-194 - Report by insurance producer of any felony criminal prosecution of insurance producer.

58-30-194. Report by insurance producer of any felony criminal prosecution of insurance producer.
Within thirty days of the initial pretrial hearing date, an insurance producer shall report to the director any felony criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
Source:
SL 2001, ch 286, §54.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-195 - Promulgation of licensure rules.

58-30-195. Promulgation of licensure rules.
The director may promulgate rules pursuant to chapter 1-26 to provide for:
(1)Qualifications for licensure;
(2)Exceptions to licensure;
(3)Application for licensure;
(4)Rights and obligations of licensure;
(5)Temporary licenses;
(6)Nonresident licensing;
(7)Denial, nonrenewal, or revocation of license;
(8)Application for examination and examination procedures;
(9)Exemption from examination;
(10)Commissions;
(11)Appointments and termination thereof;
(12)Reciprocity;
(13)Reporting of actions;
(14)Definition of terms; and
(15)Required forms or procedures.
Source:
SL 2001, ch 286, §55.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-196 - Influencing witness testimony in examination or investigation.

58-30-196. Influencing witness testimony in examination or investigation.
No insurance producer may attempt to influence a witness to decline to testify or to testify falsely or withhold any testimony, information, document, or thing in any examination or investigation by the division or hearing pursuant to Title 58 if the insurance producer has prior notice of the examination, investigation, or hearing.
Source:
SL 2005, ch 276, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-197 - Rental car insurance--Definition of terms.

58-30-197. Rental car insurance--Definition of terms.
Terms used in this section and §§58-30-198 to 58-30-208, inclusive, mean:
(1)"Director," the director of insurance;
(2)"Endorsee," an unlicensed employee or agent of a rental car agent who offers, sells, or solicits rental car insurance and meets the requirements of §§58-30-198 to 58-30-208, inclusive;
(3)"Rental agreement," any written master, corporate, group, or individual agreement setting forth the terms and conditions governing the use of a rental car rented or leased by a rental car company;
(4)"Rental car," any motor vehicle that is intended to be rented for a period of twenty-eight consecutive days or less, by a driver who is not required to possess a commercial driver's license to operate the motor vehicle and the motor vehicle is either of the following:
(a)A private passenger motor vehicle, including a passenger van, minivan, or sports utility vehicle; or
(b)A cargo vehicle, including a cargo van, pickup truck, or truck with a gross vehicle weight of less than twenty-six thousand pounds;
(5)"Rental car agent," any company that is licensed to offer, sell, or solicit rental car insurance pursuant to §§58-30-198 to 58-30-208, inclusive;
(6)"Rental car company," any person in the business of providing rental cars to the public, including a franchisee;
(7)"Renter," any person who executes a rental agreement to obtain the use of a vehicle from a rental car company.
Source:
SL 2001, ch 272, §1; SDCL §58-9-34; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-198 - Rental car insurance defined.

58-30-198. Rental car insurance defined.
For the purposes of §§58-30-197 to 58-30-208, inclusive, rental car insurance is insurance offered, sold, or solicited in connection with and incidental to the rental of rental cars, other than waiver of the rental car company's right of indemnity for damages to the rental car, whether at the rental office or by pre-selection of coverage in master, corporate, group, or individual agreements, that:
(1)Is nontransferable;
(2)Applies only to the rental car that is the subject of the rental agreement; and
(3)Is limited to the following kinds of insurance:
(a)Personal accident insurance for renters and other rental car occupants, for accidental death or dismemberment, and for medical expenses resulting from an accident that occurs with the rental car during the rental period;
(b)Liability insurance, which includes uninsured or underinsured motorist coverage, that is not less than the minimum financial responsibility limits required by the law, whether offered separately or in combination with other liability insurance, that provides protection to the renters and to other authorized drivers of a rental car for liability arising from the operation of the rental car during the rental period;
(c)Personal effects insurance that provides coverage to renters and other occupants of the rental car for loss of, or damage to, personal effects in the rental car during the rental period;
(d)Roadside assistance and emergency sickness protection insurance; and
(e)Such other travel or vehicle-related coverage that a rental car company may offer in connection with and incidental to the rental of a rental car as may be approved by the director in rules promulgated pursuant to chapter 1-26.
Source:
SL 2001, ch 272, §2; SDCL §58-9-35; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-199 - License needed for offering, selling, or soliciting purchase of rental car insurance.

58-30-199. License needed for offering, selling, or soliciting purchase of rental car insurance.
No rental car company, and no officer, director, employee, or agent of a rental car company, may offer, sell, or solicit the purchase of rental car insurance unless the person is licensed as an insurance producer or there has been compliance with the requirements of §§58-30-197 to 58-30-208, inclusive.
Source:
SL 2001, ch 272, §3; SDCL §58-9-36; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-200 - Licensing of rental car agent for authorized rental car insurer.

58-30-200. Licensing of rental car agent for authorized rental car insurer.
The director may issue to a rental car company that has complied with the requirements of §§58-30-197 to 58-30-208, inclusive, a license that authorizes the rental car company to act as a rental car agent in accordance with the provisions of §§58-30-197 to 58-30-208, inclusive, in connection with and incidental to rental agreements, on behalf of any insurer authorized to write such insurance in this state.
Source:
SL 2001, ch 272, §4; SDCL §58-9-37; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-201 - Rental car company as limited lines insurance producer--License requirements.

58-30-201. Rental car company as limited lines insurance producer--License requirements.
A rental car company may apply to be licensed as a limited lines insurance producer under the terms of §§58-30-197 to 58-30-208, inclusive, if it satisfies all of the requirements of §§58-30-197 to 58-30-208, inclusive, and if it files the following documents with the director:
(1)A written application for licensure, signed by the applicant or by an officer of the applicant, in the form or format prescribed by the director that includes a listing of all locations at which the rental car company intends to offer, sell, or solicit rental car insurance;
(2)A certificate, by the insurer that is to be named in the rental car agent license, stating that the insurer has satisfied itself that the named applicant is trustworthy and competent to act as its rental car agent limited to this purpose; that the insurer has reviewed the endorsee training and education program required by §58-30-203 and believes that it satisfies the statutory requirements; and that the insurer will appoint the applicant to act as its rental car agent to offer, sell, or solicit rental car insurance if the license for which the applicant is applying is issued by the director. The certification shall be subscribed by an officer or managing agent of the insurer on a form or format prescribed by the director.
Source:
SL 2001, ch 272, §5; SDCL §58-9-38; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-202 - Conditions for becoming endorsee authorized to offer, sell, or solicit rental car insurance.

58-30-202. Conditions for becoming endorsee authorized to offer, sell, or solicit rental car insurance.
An employee or agent of a rental car agent may be an endorsee authorized to offer, sell, or solicit rental car insurance under the authority of the rental car agent license if all of the following conditions have been satisfied:
(1)The employee or agent is eighteen years of age or older;
(2)The employee or agent has not committed any act set forth in this chapter;
(3)The employee or agent has completed a training and education program;
(4)The rental car company, at the time it submits its rental car agent license application pursuant to §58-30-201, also submits a list of the names of all endorsees to its rental car agent license. The list shall be updated and submitted to the director quarterly. However, endorsees may sell, offer, and solicit rental car insurance as soon as they meet the requirements as set forth in this section. Each list shall be retained by the rental car company for a period of five years from submission; and
(5)The rental car company submits to the director with its initial rental car agent license application and annually thereafter a certification, subscribed by an officer of the rental car company on a form or format prescribed by the director, stating both of the following:
(a)That no person other than an endorsee offers, sells, or solicits rental car insurance on its behalf or while working as an employee or agent of the rental car agent; and
(b)That all endorsees have completed the training and education program required by §§58-30-197 to 58-30-208, inclusive.
Source:
SL 2001, ch 272, §6; SDCL §58-9-39; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-203 - Training of rental car insurance endorsee.

58-30-203. Training of rental car insurance endorsee.
Each rental car agent shall provide a training and education program for each endorsee prior to allowing an endorsee to offer, sell, or solicit rental car insurance. The training and education program may be conducted at remote locations or through videotape or any means approved by the director in rules promulgated pursuant to chapter 1-26. The training and education program shall meet the following minimum standards:
(1)Each endorsee shall receive instruction about the kinds of insurance specified in §§58-30-197 to 58-30-208, inclusive, that are offered for sale to prospective renters;
(2)Each endorsee shall receive training about the requirements and limitations imposed on car rental agents and endorsees by §§58-30-197 to 58-30-208, inclusive. That training shall include specific instruction that the endorsee is prohibited by law from making any statement or engaging in any conduct, express or implied, that would lead a renter to believe:
(a)That the purchase of rental car insurance is required in order for the renter to rent a motor vehicle;
(b)That the renter does not have insurance policies in place that already provide the coverage being offered by the rental car company pursuant to §§58-30-197 to 58-30-208, inclusive; and
(c)That the endorsee is qualified to evaluate the adequacy of the renter's existing insurance coverages.
The director may request to review the training and education program at any time.
Source:
SL 2001, ch 272, §7; SDCL §58-9-40; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-204 - Expiration of rental car insurance endorsee license.

58-30-204. Expiration of rental car insurance endorsee license.
An endorsee's authorization to offer, sell, or solicit rental car insurance expires when the endorsee's employment with the rental car company is terminated.
Source:
SL 2001, ch 272, §8; SDCL §58-9-41; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-205 - Retention of rental car insurance transaction records.

58-30-205. Retention of rental car insurance transaction records.
The rental car agent shall retain for a period of five years from the date of each transaction records which enable it to identify the name of the endorsee involved in each rental transaction in which a renter purchased rental car insurance.
Source:
SL 2001, ch 272, §9; SDCL 58-9-42; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-206 - Rental car insurance agreement.

58-30-206. Rental car insurance agreement.
No insurance may be offered, sold, or solicited pursuant to §§58-30-197 to 58-30-208, inclusive, unless:
(1)The rental period of the rental car agreement is twenty-eight consecutive days or less;
(2)At every location where rental agreements are executed, the rental car agent or endorsee prominently displays and makes available brochures or other written materials to each renter who purchases rental car insurance that:
(a)Summarize the material terms, exclusions, limitations, and conditions of coverage offered to renters, including the identity of the insurer;
(b)Describe the process for filing a claim if the renter elects to purchase coverage;
(c)Make information available to the consumer that the rental car insurance offered, sold, or solicited by the rental car agent may provide a duplication of coverage already provided by other sources of the renter's, and that such insurance is not required as a condition of renting the motor vehicle;
(d)Provide the rental car agent's name, address, telephone number, and license number;
(e)Makes available information that, if purchased, the insurance offered by the limited lines producer to the renter is primary coverage over any other insurance coverages applicable to the renter;
(3)Evidence of the rental car insurance coverage is stated in the rental agreement;
(4)Any cost for the rental car insurance is separately itemized in the rental agreement unless preselection of coverage is made in a master, corporate, or group agreement.
Source:
SL 2001, ch 272, §10; SDCL §58-9-43; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-207 - Rental car insurance advertising and compensation restrictions.

58-30-207. Rental car insurance advertising and compensation restrictions.
No rental car agent may:
(1)Advertise, represent, or otherwise portray itself or any of its employees or agents as licensed insurers or insurance producers; or
(2)Pay any person, including a rental car agent endorsee, any compensation, fee, or commission that is dependent solely on the placement of insurance under the license issued pursuant to §§58-30-197 to 58-30-208, inclusive. Nothing in §§58-30-197 to 58-30-208, inclusive, prohibits production payments or incentive payments that are not dependent solely upon the sale of rental car insurance.
Source:
SL 2001, ch 272, §11; SDCL §58-9-44; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-208 - Revocation of rental car company license.

58-30-208. Revocation of rental car company license.
If a rental car company violates any provision of §§58-30-197 to 58-30-207, inclusive, the director may revoke or suspend the license of a rental car company or take other action as authorized under this title.
Source:
SL 2001, ch 272, §12; SDCL §58-9-45; SL 2010, ch 233, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-209.1 - Application of travel insurance laws.

58-30-209.1. Application of travel insurance laws.
The requirements of §§58-30-209 to 58-30-217.1, inclusive, apply to travel insurance that covers any resident of this state, and is sold, solicited, negotiated, or offered in this state, and policies and certificates that are delivered or issued for delivery in this state. The requirements do not apply to cancellation fee waivers or travel assistance services, except as expressly provided in this chapter. All other applicable provisions of this state’s insurance laws shall continue to apply to travel insurance except that the specific provisions of §§58-30-209 to 58-30-217.1, inclusive, shall supersede any general provisions of law that would otherwise be applicable to travel insurance.
Source: SL 2022, ch 185, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-209.2 - Licensed producers may sell travel insurance--Appointment not required.

58-30-209.2. Licensed producers may sell travel insurance--Appointment not required.
Any person licensed as an insurance producer in a line of authority as specified in subdivisions 58-30-152(1), (2), (3), (4), (5), and (6), is authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.
Source: SL 2022, ch 185, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-209.3 - Travel administrators.

58-30-209.3. Travel administrators.
Notwithstanding any other provisions of chapter 58-30, no person may act or represent oneself as a travel administrator for travel insurance in this state unless that person:
(1)Is a licensed property and casualty insurance producer in this state for activities permitted under that producer license;
(2)Holds a valid managing general agent license in this state; or
(3)Holds a valid third-party administrator license in this state.
An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the director upon request.
Source: SL 2022, ch 185, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-210 - Limited lines travel insurance producer license authorized.

58-30-210. Limited lines travel insurance producer license authorized.
The director may issue to an individual or business entity that has filed with the director an application for such limited license in a form and manner prescribed by the director, a limited lines travel insurance producer license, which authorizes the limited lines travel insurance producer to sell, solicit, or negotiate travel insurance through a licensed insurer.
Source:
SL 2014, ch 241, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-211 - Conditions for offering and disseminating travel insurance under business entity license.

58-30-211.Conditions for offering and disseminating travel insurance under business entity license.
A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the entity meets the following conditions:
(1)The limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance:
(a)A description of the material terms or the actual material terms of the insurance coverage;
(b)A description of the process for filing a claim;
(c)A description of the review or cancellation process for the travel insurance policy; and
(d)The identity and contact information of the insurer and limited lines producer;
(2)At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register on a form prescribed by the director of each travel retailer that offers travel insurance on the limited lines producer's behalf. The limited lines travel insurance producer shall maintain and update the register annually and shall include the name, address, and contact information of the travel retailer and an officer or person who directs or controls the travel retailer's operations, and the travel retailer's federal tax identification number. The limited lines travel insurance producer shall submit such register to the division of insurance upon reasonable request. The limited lines producer shall certify that the travel retailer registered complies with 18 U.S. C. 1033;
(3)The limited lines travel insurance producer shall designate an employee who is a licensed individual producer as a designated responsible producer, or DRP. The DRP is responsible for the limited lines travel insurance producer's compliance with the travel insurance laws and rules of this state;
(4)The limited lines travel insurance producer pays all applicable insurance producer licensing fees;
(5)The limited lines travel insurance producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which is subject to review by the director. The training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers; and
(6)Limited lines travel insurance producers, and those registered under its license, are exempt from any examination and continuing education requirements under this chapter.
Source:
SL 2014, ch 241, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-212 - Statements required in travel retailer's written materials.

58-30-212. Statements required in travel retailer's written materials.
Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that clearly display the following:
(1)Provide the identity and contact information of the insurer and the limited lines travel insurance producer;
(2)Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and
(3)Explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage.
Source:
SL 2014, ch 241, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-212.1 - Required provisions and disclosures for travel insurance.

58-30-212.1. Required provisions and disclosures for travel insurance.
The following standards apply to the sale, solicitation, and negotiation of travel insurance:
(1)All documents provided to consumers prior to the purchase of travel insurance, including but not limited to sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy itself, including but not limited to, forms, endorsements, policies, rate filings, and certificates of insurance;
(2)For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions must be provided any time prior to the time of purchase, and in the coverage’s fulfillment materials;
(3)The person shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage;
(4)No person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip; and
(5)The fulfillment materials and the information described in subdivision 58-30-211(1) must be provided to a policyholder or certificate holder as soon as practicable, following the purchase of a travel protection plan. Unless the insured has started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least:
(a)Fifteen days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or
(b)Ten days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.
For the purposes of this section, the term delivery means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.
Source: SL 2022, ch 185, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-213 - Limitations on travel retailer's unlicensed employee or authorized representative.

58-30-213. Limitations on travel retailer's unlicensed employee or authorized representative.
A travel retailer's employee or authorized representative who is not licensed as an insurance producer may not:
(1)Evaluate or interpret the technical terms, benefits, or conditions of the offered travel insurance coverage;
(2)Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or
(3)Hold oneself out as a licensed insurer, licensed producer, or insurance expert.
Source:
SL 2014, ch 241, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-214 - Registered travel retailers authorized to offer and disseminate travel insurance and receive compensation.

58-30-214. Registered travel retailers authorized to offer and disseminate travel insurance and receive compensation.
Notwithstanding any other provision of law, a travel retailer whose activities related to insurance, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in §§58-30-209 to 58-30-218, inclusive, is authorized to do so and receive related compensation for such services, upon registration by the limited lines travel insurance producer as described in subdivision 58-30-211(2).
Source:
SL 2014, ch 241, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-215 - Individual and group travel insurance policies authorized--Services excluded.

58-30-215. Individual and group travel insurance policies authorized--Services excluded.
Travel insurance may be provided under an individual policy or under a group, blanket, or master policy. Travel assistance services and cancellation fee waivers are not insurance and not related to insurance.
Source: SL 2014, ch 241, §11; SL 2022, ch 185, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-215.1 - Travel protection plans.

58-30-215.1. Travel protection plans.
Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if:
(1)The travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and
(2)The fulfillment materials:
(a)Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and
(b)Include the travel insurance disclosures and the contact information for persons providing travel assistance services, and cancellation fee waivers, as applicable.
Source: SL 2022, ch 185, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-215.2 - Travel insurance rates and policy forms--Eligibility, underwriting, distribution, and marketing.

58-30-215.2. Travel insurance rates and policy forms--Eligibility, underwriting, distribution, and marketing.
Notwithstanding any other provision of this title, travel insurance must be classified and filed for purposes of rates and forms under an inland marine line of insurance, provided that travel insurance coverages for sickness, accident, disability or death occurring during travel, either exclusively, or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.
Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, if those standards also meet the state’s underwriting standards for inland marine.
Source: SL 2022, ch 185, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-216 - Limited lines travel insurance producer responsible for acts of travel retailer.

58-30-216. Limited lines travel insurance producer responsible for acts of travel retailer.
As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this chapter.
Source:
SL 2014, ch 241, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-217 - Compliance with chapters 58-30 and 58-33--Travel insurance sales practices.

58-30-217. Compliance with chapters 58-30 and 58-33--Travel insurance sales practices.
The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance under the limited lines travel insurance producer license shall comply with chapter 58-30 and chapter 58-33. In the event of a conflict between chapters 58-30 and 58-33 and the provisions of §§58-30-209 to 58-30-217.1, inclusive, regarding the sale and marketing of travel insurance and travel protection plans, the provisions of §§58-30-209 to 58-30-217.1, inclusive, shall control. The following acts constitute unfair trade practices under chapter 58-33:
(1)Offering or selling illusory travel insurance, meaning a travel insurance policy that could never result in payment of any claims for any insured under the policy; and
(2)Marketing blanket travel insurance coverage as free.
Source: SL 2014, ch 241, §13; SL 2022, ch 185, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-217.1 - Certain acts not unfair trade practices.

58-30-217.1. Certain acts not unfair trade practices.
The following acts are not unfair trade practices under this chapter or chapter 58-33:
(1)If travel insurance is marketed directly to a consumer through an insurer’s website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law where an accurate summary of coverage is provided on the web page, so long as the consumer has access to the full provisions of the policy through electronic means; and
(2)If a consumer’s destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice to require that a consumer choose one of the following options as a condition of purchasing a trip or travel package:
(a)Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or
(b)Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.
Source: SL 2022, ch 185, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-218 - Promulgation of rules on training for travel retailer employees.

58-30-218. Promulgation of rules on training for travel retailer employees.
The director may promulgate rules, pursuant to chapter 1-26, relating to the program of instruction or training as set forth in subdivision 58-30-211(5).
Source:
SL 2014, ch 241, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-1 - Purposes of chapter.

58-32-1. Purposes of chapter.
It is declared that the purposes of this chapter are to provide orderly access for the insuring public of South Dakota to insurers not authorized to transact insurance in this state, through licensed surplus line brokers in South Dakota for insurance coverages not procurable from authorized insurers; to protect such authorized insurers, which must meet certain standards as to policy forms and rates, from unwarranted competition by unauthorized insurers who, in the absence of this chapter, would not be subject to similar requirements; and for other purposes as set forth in this chapter.
Source:
SL 1966, ch 111, ch 11, §1 (2); SL 2001, ch 286, §193.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-3 - Export defined.

58-32-3. Export defined.
To "export" means to place in an unauthorized insurer under this chapter insurance covering a subject of insurance resident, located, or to be performed in South Dakota.
Source:
SL 1966, ch 111, ch 11, §3 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-3.1 - Home state defined.

58-32-3.1. Home state defined.
The term, home state, as used in this chapter, means, with respect to an insured:
(1)The state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence; or
(2)If one hundred percent of the insured risk is located out of the state referred to in subdivision (1) of this section, the state to which the greatest percentage of the insured's taxable premium for the insurance contract is allocated.
If more than one insured from an affiliated group are named insureds on a single nonadmitted insurance contract, the term means the home state as determined under subdivision (1) of this section of the member of the affiliated group that has the largest percentage of premium attributable to it under the contract.
Source:
SL 2011, ch 223, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-4 - Chapter not applicable to life and health insurance, annuities, and reinsurance--Exceptions.

58-32-4. Chapter not applicable to life and health insurance, annuities, and reinsurance--Exceptions.
The provisions of this chapter do not apply to life and health insurance, annuities, or reinsurance. This section does not prohibit the procurement of coverage otherwise complying with the export requirements of this chapter for:
(1)Disability insurance that has a benefit limit in excess of any benefit limit available from an admitted insurer; or
(2)Health insurance for an individual traveling or temporarily living outside the United States for health care costs incurred abroad.
Source:
SL 1966, ch 111, ch 11, §2 (1); SL 2015, ch 256, §1; SL 2019, ch 214, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-5 - Exemption of interstate commerce.

58-32-5. Exemption of interstate commerce.
The provisions of this chapter do not apply, except as to §58-32-43, to the following insurances if so placed by licensed insurance producers or surplus line brokers of this state:
(1)Ocean marine and foreign trade insurances;
(2)Insurance on subjects located, resident, or to be performed wholly outside of this state, or on vehicles or aircraft owned and principally garaged outside this state;
(3)Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in such operations;
(4)Insurance of aircraft owned or operated by manufacturers of aircraft, or of aircraft operated in commercial interstate flight, or cargo of such aircraft, or against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of such aircraft.
Source:
SL 1966, ch 111, ch 11, §2 (1); SL 2001, ch 286, §194.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-6 - Unauthorized acts constituting misdemeanors--Additional forfeiture.

58-32-6. Unauthorized acts constituting misdemeanors--Additional forfeiture.
Unless performed by a licensed surplus line broker, the following acts are Class 2 misdemeanors if done in this state:
(1)Acting as insurance producer for a nonadmitted insurer in the transaction of insurance business in this state;
(2)In any manner advertising a nonadmitted insurer in this state;
(3)In any other manner aiding a nonadmitted insurer to transact insurance business in this state.
In addition to any penalty provided for commission of misdemeanors, a person violating any provision of this section shall forfeit to this state the sum of five hundred dollars, together with one hundred dollars for each month or fraction thereof during which the person continues such violation.
Source:
SL 1966, ch 111, ch 11, §24; SL 1978, ch 359, §2; SL 2001, ch 286, §195.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-7 - Qualifications for surplus line broker's license--Out-of-state sales.

58-32-7. Qualifications for surplus line broker's license--Out-of-state sales.
Any individual who is licensed in this state as an insurance producer and who is determined by the director to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus line broker. No individual is required to be licensed pursuant to this chapter as a surplus lines broker if the selling, soliciting, or negotiating of surplus lines insurance takes place in an insured's home state and the home state of the insured is a state other than South Dakota.
Source:
SL 1966, ch 111, ch 11, §12 (1); SL 2001, ch 286, §196; SL 2011, ch 223, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-8 - Application for surplus line license--Fee.

58-32-8. Application for surplus line license--Fee.
Application for license as a surplus lines broker shall be made to the director on forms furnished by the director. The license fee shall be as specified in §58-2-29.
Source:
SL 1966, ch 111, ch 11, §12 (2), (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-10.1 - Bond of resident surplus line broker--Amount--Conditions--Termination.

58-32-10.1. Bond of resident surplus line broker--Amount--Conditions--Termination.
Within thirty days of issuance of a license as a resident surplus line broker and before procuring any insurance coverage for an insured, the broker shall file with the director, and thereafter for as long as the license remains in effect the broker shall keep in force, a bond in favor of the State of South Dakota in the penal sum of two thousand dollars with an authorized corporate surety approved by the director. The bond shall be conditioned upon the broker conducting business under the license in accordance with the provisions of this chapter and promptly remitting the taxes pursuant to §§58-32-44 and 58-32-45. No such bond may be terminated unless at least thirty days' prior written notice of the termination is given to the broker and filed with the director.
Source:
SL 2003, ch 253, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-11 - Suspension or revocation of license of surplus line broker--Grounds.

58-32-11. Suspension or revocation of license of surplus line broker--Grounds.
The director may suspend or revoke any surplus line broker's license:
(1)If the broker fails to file his annual statement or to remit the tax as required by this chapter; or
(2)If the broker fails to keep records, or to allow the director to examine his records as required by this chapter; or
(3)If the broker knowingly or negligently places a surplus line coverage in an insurer that is in unsound financial condition in violation of §58-32-25; or
(4)For any other cause for which a general lines agent's license may be suspended or revoked.
Source:
SL 1966, ch 111, ch 11, §13 (1); SL 2001, ch 286, §197.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-12 - Procedure for suspension or revocation of license.

58-32-12. Procedure for suspension or revocation of license.
The procedures provided by chapter 58-30 for suspension or revocation of licenses shall apply to suspension or revocation of a surplus line broker's license.
Source:
SL 1966, ch 111, ch 11, §13 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-13 - Suspension or revocation of surplus line license affects all other licenses.

58-32-13. Suspension or revocation of surplus line license affects all other licenses.
Upon suspending or revoking a broker's surplus line license, the director shall also suspend or revoke all other licenses of the same individual under this title.
Source:
SL 1966, ch 111, ch 11, §13 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-14 - Revival of suspended or revoked broker's surplus line license--Payment of fine and delinquent taxes--Waiting period.

58-32-14. Revival of suspended or revoked broker's surplus line license--Payment of fine and delinquent taxes--Waiting period.
No broker whose license has been so suspended or revoked shall again be so licensed until any fines or delinquent taxes owing by him have been paid, and, in case of revocation, until expiration of one year from the date that the revocation became final.
Source:
SL 1966, ch 111, ch 11, §13 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-15 - Acceptance of business from licensed insurance producer.

58-32-15. Acceptance of business from licensed insurance producer.
A licensed surplus line broker may accept and place surplus line business for any insurance producer licensed in this state for the kind of insurance involved, and may compensate the insurance producer for it.
Source:
SL 1966, ch 111, ch 11, §15; SL 1982, ch 366; SL 2001, ch 286, §198.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-16 - Impossibility of procuring coverage from authorized insurers--Procurement from unauthorized insurers.

58-32-16. Impossibility of procuring coverage from authorized insurers--Procurement from unauthorized insurers.
If certain insurance coverages cannot be procured from authorized insurers, the coverages, hereinafter designated, surplus lines, may be procured from unauthorized insurers, subject to the conditions set forth in §§58-32-17 to 58-32-19, inclusive. The provisions of §§58-32-16 to 58-32-18, inclusive, do not apply to exempt commercial lines policyholders as defined in §§58-24-68 and 58-24-69 if:
(1)The broker procuring or placing the surplus lines insurance has disclosed to the exempt commercial purchaser that the insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and
(2)The exempt commercial purchaser has subsequently requested in writing the broker to procure or place the insurance from a nonadmitted insurer.
Source:
SL 1966, ch 111, ch 11, §4; SL 2011, ch 223, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-16.1 - Certain unauthorized insurers to submit annual report.

58-32-16.1. Certain unauthorized insurers to submit annual report.
On or before April first, each unauthorized insurer writing insurance business in South Dakota shall annually file with the director, on a form approved by the director, a true statement of all insurance business written in South Dakota in the preceding calendar year.
Source:
SL 1990, ch 407, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-17 - Conditions for export--Amount not procurable from authorized insurers.

58-32-17. Conditions for export--Amount not procurable from authorized insurers.
The full amount of insurance required must not be procurable, after diligent effort has been made to do so, from insurers authorized to transact and actually writing that kind and class of insurance in this state, and the amount of insurance exported shall be only the excess over the amount procurable from authorized insurers.
Source:
SL 1966, ch 111, ch 11, §4 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-18 - Export of insurance where coverage available from authorized insurer prohibited--Exception.

58-32-18. Export of insurance where coverage available from authorized insurer prohibited--Exception.
Insurance must not be exported pursuant to §58-32-16 if there is coverage readily available from an authorized insurer, unless the authorized insurer quotes a premium or terms not competitive with the premium or terms quoted by an unauthorized insurer. If one portion of the risk is acceptable to an authorized insurer, but another portion of the same risk is not acceptable, the entire coverage may be placed with an eligible unauthorized insurer, if it can be shown that an eligible unauthorized insurer will accept the entire coverage but not the rejected portion alone.
Source:
SL 1966, ch 111, ch 11, §4 (3); SL 1987, ch 382.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-19 - Procurement of exported insurance through licensed surplus line broker.

58-32-19. Procurement of exported insurance through licensed surplus line broker.
Insurance under §58-32-16 must be procured through a licensed surplus line broker, subject to the provisions of §§58-32-47 to 58-32-55, inclusive.
Source:
SL 1966, ch 111, ch 11, §4 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 32 - Surplus Line Insurance › Section 58-32-20 - Affidavit of broker as to exported insurance.

58-32-20. Affidavit of broker as to exported insurance.
At the time of procuring, effecting, and issuing any such surplus line insurance, the broker shall execute an affidavit, in such form as is prescribed by the director, setting forth facts from which it can be determined whether such insurance was eligible for export under §§58-32-16 to 58-32-19, inclusive. The broker shall file, or cause to be filed, this affidavit with the director within thirty days after the insurance was so procured.
Source:
SL 1966, ch 111, ch 11, §5.