reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-122 - Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair.

58-33-122. Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair.
The following acts or practices, if committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance, are declared to be false, misleading, deceptive, or unfair:
(1)Knowingly soliciting the purchase of any life insurance product door to door or without first establishing a specific appointment for each meeting with the prospective purchaser;
(2)Soliciting service members in a group or mass audience or in a captive audience where attendance is not voluntary;
(3)Knowingly making appointments with or soliciting service members during their normally scheduled duty hours;
(4)Making appointments with or soliciting service members in barracks, day rooms, unit areas, or transient personnel housing or other areas where the installation commander has prohibited solicitation;
(5)Soliciting the sale of life insurance without first obtaining permission from the installation commander or the commander's designee;
(6)Posting unauthorized bulletins, notices, or advertisements;
(7)Failing to present DD Form 2885, Personal Commercial Solicitation Evaluation as of January 1, 2008, to service members solicited or encouraging service members solicited not to complete or submit the form; or
(8)Knowingly accepting an application for life insurance or issuing a policy of life insurance on the life of an enlisted member of the armed forces of the United States without first obtaining for the insurer's files a completed copy of any required form which confirms that the applicant has received counseling or fulfilled any other similar requirement for the sale of life insurance established by regulations, directives, or rules of the Department of Defense or any branch of the armed forces of the United States.
Source:
SL 2008, ch 272, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-123 - Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair.

58-33-123. Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair.
The following acts or practices, if committed on a military installation by an insurer or insurance producer, constitute corrupt practices or improper influences or inducements and are declared to be false, misleading, deceptive, or unfair:
(1)Using Department of Defense personnel, directly or indirectly, as a representative or agent in any official or business capacity with or without compensation with respect to the solicitation or sale of life insurance to service members; or
(2)Using an insurance producer to participate in any education or orientation program sponsored by the armed forces of the United States.
Source:
SL 2008, ch 272, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-125 - Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair.

58-33-125. Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair.
The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair:
(1)Making any representation, or using any device, title, descriptive name or identifier that has the tendency or capacity to confuse or mislead a service member into believing that the insurer, insurance producer or product offered is affiliated, connected or associated with, endorsed, sponsored, sanctioned or recommended by the United States government, the armed forces of the United States, or any state or federal agency or government entity. Examples of prohibited insurance producer titles include Battalion Insurance Counselor, Unit Insurance Advisor, Servicemen's Group Life Insurance Conversion Consultant, or Veteran's Benefits Counselor. Nothing in this subdivision prohibits a person from using a professional designation awarded after the successful completion of a course of instruction in the business of insurance by an accredited institution of higher learning. Such designations include Chartered Life Underwriter, Chartered Financial Consultant, Certified Financial Planner, Master of Science In Financial Services, or Masters of Science Financial Planning; or
(2)Soliciting the purchase of any life insurance product through the use of or in conjunction with any third party organization that promotes the welfare of or assists members of the armed forces of the United States in a manner that has the tendency or capacity to confuse or mislead a service member into believing that either the insurer, insurance producer, or insurance product is affiliated, connected, or associated with, or endorsed, sponsored, sanctioned, or recommended by the United States government or the armed forces of the United States.
Source:
SL 2008, ch 272, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-126 - Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair.

58-33-126. Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair.
The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair:
(1)Using or describing the credited interest rate on a life insurance policy in a manner that implies that the credited interest rate is a net return on premium paid; or
(2)Excluding individually issued annuities, misrepresenting the mortality costs of a life insurance product, including, stating, or implying that the product costs nothing or is free.
Source:
SL 2008, ch 272, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-127 - Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair.

58-33-127. Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair.
The following acts or practices by an insurer or insurance producer regarding Servicemembers' Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI) are declared to be false, misleading, deceptive, or unfair:
(1)Making any representation regarding the availability, suitability, amount, cost, exclusions, or limitations to coverage provided to a service member or dependents by SGLI or VGLI, which is false, misleading, or deceptive;
(2)Making any representation regarding conversion requirements, including the costs of coverage, or exclusions or limitations to coverage of SGLI or VGLI to private insurers which is false, misleading or deceptive; or
(3)Suggesting, recommending, or encouraging a service member to cancel or terminate his or her SGLI policy or issuing a life insurance policy which replaces an existing SGLI policy unless the replacement takes effect upon or after the service member's separation from the United States Armed Forces.
Source:
SL 2008, ch 272, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-128 - Certain disclosure practices considered false, misleading, deceptive, or unfair.

58-33-128. Certain disclosure practices considered false, misleading, deceptive, or unfair.
The following acts or practices by an insurer and or insurance producer regarding disclosure are declared to be false, misleading, deceptive, or unfair:
(1)Deploying, using, or contracting for any lead-generating materials designed exclusively for use with service members that do not clearly and conspicuously disclose that the recipient will be contacted by an insurance producer, if that is the case, for the purpose of soliciting the purchase of life insurance;
(2)Failing to disclose that a solicitation for the sale of life insurance will be made when establishing a specific appointment for an in-person, face-to-face meeting with a prospective purchaser;
(3)Excluding individually issued annuities, failing to clearly and conspicuously disclose the fact that the product being sold is life insurance;
(4)Failing to make, at the time of sale or offer to an individual known to be a service member, the written disclosures required by section 10 of the Military Personnel Financial Services Protection Act, Pub. L. No. 109-290, as of January 1, 2008; or
(5)Excluding individually issued annuities, if the sale is conducted in-person face-to-face with an individual known to be a service member, failing to provide the applicant at the time the application is taken:
(a)An explanation of any free look period with instructions on how to cancel if a policy is issued; and
(b)Either a copy of the application or a written disclosure. The copy of the application or the written disclosure shall clearly and concisely set out the type of life insurance, the death benefit applied for and its expected first year cost. A basic illustration that meets the requirements as adopted by rule pursuant to §58-33-5.1 is sufficient to meet this requirement for a written disclosure.
Source:
SL 2008, ch 272, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-130 - Promulgation of rules.

58-33-130. Promulgation of rules.
The director may, by rules promulgated pursuant to chapter 1-26, adopt:
(1)Revisions of the Internal Revenue Code and the regulations promulgated pursuant thereto which are in substantial compliance with the intent of subdivisions 58-33-119(6) and (7);
(2)Revisions of the Employee Retirement and Income Security Act which are in substantial compliance with the intent of subdivision 58-33-119(7);
(3)Revisions or replacement forms or instructions from the Department of Defense which are in substantial compliance with the intent of §§58-33-120 and 58-33-122; and
(4)Revisions of the Military Personnel Financial Services Protection Act which are in substantial compliance with the intent of subdivision 58-33-128(4).
Source:
SL 2008, ch 272, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-131 - Employer insurance assistance program defined.

58-33-131. Employer insurance assistance program defined.
For purposes of §§58-33-132 to 58-33-134, inclusive, the term, employer insurance assistance program, means a service, which is directly related to insurance purchased by an employer, that enhances that employer's ability to purchase insurance or assists in the administration of any insurance purchased by the employer.
Source:
SL 2009, ch 270, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-132 - Construction with statutes regarding rebates, discounts, and special advantages.

58-33-132. Construction with statutes regarding rebates, discounts, and special advantages.
Nothing in §58-33-14 or 58-33-24 may be construed to prohibit the offering of an employer insurance assistance program by an insurance agent or an insurer to an employer if the employer insurance assistance program complies with §§58-33-133 and 58-33-134.
Source:
SL 2009, ch 270, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-133 - Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited.

58-33-133. Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited.
No employer insurance assistance program may be offered by an agent unless the program is specified in writing to the employer. The employer assistance program may not consist of any monetary payments made to the employer or made on behalf of the employer for the purchase of insurance or any other goods or services.
Source:
SL 2009, ch 270, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-134 - Promulgation of rules for employer insurance assistance programs.

58-33-134. Promulgation of rules for employer insurance assistance programs.
The director may promulgate rules pursuant to chapter 1-26 to establish standards for employer insurance assistance programs consistent with the provisions of §§58-33-131 to 58-33-133, inclusive. The rules shall be limited to:
(1)Definition of terms;
(2)Employer insurance assistance program content and marketing; and
(3)Exceptions.
Source:
SL 2009, ch 270, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-135 - Unfair or deceptive practices by pharmacy benefits manager.

58-33-135. Unfair or deceptive practices by pharmacy benefits manager.
The following acts or practices by a pharmacy benefits manager are declared to be false, misleading, deceptive, or unfair:
(1)Prohibiting a pharmacist or pharmacy for providing cost-sharing information on the amount that a covered individual may pay for a particular prescription drug by a pharmacist or pharmacy; or
(2)Penalizing a pharmacist or pharmacy for providing cost-sharing information on the amount that a covered individual may pay for a particular prescription drug by a pharmacist or pharmacy.
Source:
SL 2018, ch 281, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-136 - Value-added products or services not discriminatory--Description.

58-33-136. Value-added products or services not discriminatory--Description.
Nothing in this chapter may be construed as including within the definition of discrimination or rebates, the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cost when the products or services are not specified in the policy of insurance if the value-added product or service:
(1)Relates to the policy of insurance;
(2)Is primarily designed to satisfy one or more of the following:
(a)Provide loss mitigation or loss control;
(b)Reduce claim costs or claim settlement costs;
(c)Provide education about liability risks or risk of loss to persons or property;
(d)Monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk;
(e)Enhance health;
(f)Enhance financial wellness through items such as education or financial planning services;
(g)Provide post-loss services;
(h)Incent behavioral changes to improve the health or reduce the risk of death or disability of a consumer; or
(i)Assist in the administration of the employee or retiree benefit insurance coverage;
(3)Has a cost to the insurer or producer offering the value-added product or service that is reasonable compared to the consumer's premiums or insurance coverage for the contract class;
(4)Is accompanied with contact information regarding the value-added product or service at the time of offering or enrollment to assist the consumer with questions; and
(5)Is based on documented objective criteria and offered in a manner that is not unfairly discriminatory, the documentation criteria of which is maintained by the insurer or producer and available upon request by the division.
Source: SL 2023, ch 167, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-137 - Value-added product or service--Permitted as pilot or testing program--Notice to division.

58-33-137. Value-added product or service--Permitted as pilot or testing program--Notice to division.
If an insurer or producer does not have sufficient evidence but has a good faith belief that the value-added product or service meets the criteria in subdivisions 58-33-136(2) and (5), the insurer or producer may provide the product or service in a manner that is not unfairly discriminatory as part of a pilot or testing program for no more than one year. An insurer or producer must notify the division of such a pilot or testing program offered to consumers in this state before beginning the program and may proceed with the program unless the division objects within twenty-one days of the notice.
Source: SL 2023, ch 167, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-138 - Value-added product or service--Permitted raffles or drawings described.

58-33-138. Value-added product or service--Permitted raffles or drawings described.
An insurer or producer may conduct raffles or drawings to the extent permitted by state law as long as there is no financial cost to entrants to participate, the drawing or raffle does not obligate participants to purchase insurance, the prizes are not valued in excess of a reasonable amount as determined by the director, and the drawing or raffle is open to the public. The raffle or drawing must be offered in a manner that is not unfairly discriminatory. The consumer may not be required to purchase, continue to purchase, or renew a policy in exchange for the gift, item, or service.
Source: SL 2023, ch 167, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-139 - Inducement and certain language in advertising prohibited.

58-33-139. Inducement and certain language in advertising prohibited.
An insurer, producer, or representative of an insurer or a producer, may not offer or provide insurance as an inducement to the purchase of another policy or otherwise use the word, free, or the phrase, no cost, or words and phrases of a similar meaning, in any advertisement.
Source: SL 2023, ch 167, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33 - Unfair Trade Practices › Section 58-33-140 - Value-added product or service--Promulgation of rules.

58-33-140. Value-added product or service--Promulgation of rules.
The director shall promulgate rules pursuant to chapter 1-26 regarding the permitted practices in §§55-33-136 to 58-33-139, inclusive, to ensure consumer protection, consumer data protections and privacy, consumer disclosure, standard forms, definition of terms, and to prevent unfair discrimination.
Source: SL 2023, ch 167, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-1 - Applicability of chapter.

58-33A-1. Applicability of chapter.
This chapter applies to all individual and group health policies which are solicited or sold in this state that are subject to chapters 58-15, 58-16, 58-17, 58-18, 58-18B, 58-37A, 58-38, 58-39, 58-40, and 58-41. However, this chapter does not apply to insurance policies and subscriber contracts subject to the medicare supplement requirements. Except for the exemptions specified in this section, this chapter applies to any solicitation, negotiation, or effectuation of life insurance occurring within this state. This chapter applies to any issuer of life insurance contracts including fraternal benefit societies. This chapter does not apply to:
(1)Group annuities;
(2)Credit life insurance;
(3)Group life insurance (except for disclosures relating to preneed funeral contracts or prearrangements as provided by this chapter. These disclosure requirements extend to the issuance or delivery of certificates as well as to the master policy);
(4)Life insurance policies issued in connection with pension and welfare plans as defined by and which are subject to the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Section 1001 et seq. as amended to January 1, 1999; or
(5)Variable life insurance under which the amount or duration of the life insurance varies according to the investment experience of a separate account.
Source:
SL 1999, ch 240, §1; SL 2000, ch 251, §2; SL 2012, ch 250, §19.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-2 - Purpose of chapter.

58-33A-2. Purpose of chapter.
The purpose of this chapter is to establish guidelines and permissible and impermissible standards of conduct in the solicitation of and advertising of life and health insurance in a manner which:
(1)Prevents unfair, deceptive, and misleading advertising;
(2)Is conducive to accurate presentation and description to the insurance-buying public through the advertising media and material used by insurance producers and companies;
(3)Provides for the full disclosure of the benefits, limitations, and exclusions of policies sold;
(4)Sets forth minimum standards and guidelines to assure a full and truthful disclosure to the public of all material and relevant information in the advertising of life insurance policies and annuity contracts;
(5)Requires insurers to deliver to purchasers of life insurance information which will improve the buyer's ability to select the most appropriate plan of life insurance for the buyer's needs;
(6)Improves the buyer's understanding of the basic features of the policy which has been purchased or which is under consideration;
(7)Improves the ability of the buyer to evaluate the relative costs of similar plans of life insurance;
(8)Provides reasonable standardization and simplification of terms and coverages of health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations to facilitate public understanding and comparison;
(9)Eliminates provisions contained in health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations which may be misleading or unreasonably confusing in connection either with the purchase of such coverages or with the settlement of claims; and
(10)Provides for full disclosure in the sale of life or health coverages.
Source:
SL 1999, ch 240, §2; SL 2000, ch 251, §3; SL 2001, ch 286, §211.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-3 - "Advertisement" defined.

58-33A-3. Advertisement determined.
For the purposes of this chapter, the term, advertisement, includes:
(1)Any printed and published material, audio visual material, and descriptive literature of an insurer used in direct mail, newspapers, magazines, radio scripts, TV scripts, billboards, and similar displays;
(2)Any descriptive literature and sales aids of all kinds issued by an insurer, representative of the insurer, insurance producer, or solicitor for presentation to members of the insurance-buying public, including circulars, leaflets, booklets, depictions, illustrations, internet communications, form letters, and lead-generating devices of all kinds;
(3)Any prepared sales talks, presentations, and material for use by representatives of the insurer, insurance producers, and solicitors whether prepared by the insurer or the representative of the insurer, insurance producer, or solicitor; and
(4)Any advertising material included with a policy if the policy is delivered and material is used in the solicitation of renewals and reinstatements.
Source:
SL 1999, ch 240, §3; SL 2000, ch 251, §4; SL 2001, ch 286, §212.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-4 - Certain material and communication not deemed to be advertisement.

58-33A-4. Certain material and communication not deemed to be advertisement.
For the purposes of this chapter, the term, advertisement, does not include:
(1)Any material to be used solely for the training and education of an insurer's employees, representatives, or insurance producers;
(2)Any material used in-house by insurers;
(3)Any communications within an insurer's own organization not intended for dissemination to the public;
(4)Any individual communications of a personal nature with current policyholders other than material urging such policyholders to increase or expand coverages;
(5)Any correspondence between a prospective group or blanket policyholder and an insurer in the course of negotiating a group or blanket contract;
(6)Any court-approved material ordered by a court to be disseminated to policyholders; or
(7)Any general announcement from a group or blanket policyholder to eligible individuals on an employment or membership list that a contract or program has been written or arranged if the announcement clearly indicates that it is preliminary to the issuance of a booklet and the announcement does not describe the benefits under the contract or program or describe advantages as to the purchase of the contract or program.
Source:
SL 1999, ch 240, §4; SL 2000, ch 251, §5; SL 2001, ch 286, §213.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-5 - Outline of coverage to accompany all health insurance policies or subscriber contracts--Acknowledgment of receipt or certificate of delivery.

58-33A-5. Outline of coverage to accompany all health insurance policies or subscriber contracts--Acknowledgment of receipt or certificate of delivery.
In order to provide for full and fair disclosure in the sale of health insurance policies or subscriber contracts of a nonprofit hospital, medical, or dental service association, no such policy or contract may be delivered or issued for delivery in this state unless the outline of coverage described in §58-33A-6 either accompanies the policy or is delivered to the applicant at the time application is made and an acknowledgment of receipt or certificate of delivery of such outline is provided the insurer. If the policy has been sold through an insurance producer, the outline of coverage shall be delivered at the time of application. If the policy is issued on a basis other than that applied for, the outline of coverage properly describing the policy or contract shall accompany the policy or contract.
Source:
SL 1999, ch 240, §5; SL 2001, ch 286, §214.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-6 - Format and content of outline of coverage--"Format" defined--Outline of coverage requirements.

58-33A-6. Format and content of outline of coverage--"Format" defined--Outline of coverage requirements.
The director shall prescribe the general format and content of the outline of coverage required by §58-33A-5. The term, format, means style, arrangement, and overall appearance, including such items as the size, color, prominence of type, and the arrangement of text and captions. The term, outline of coverage, includes:
(1)A statement identifying the applicable category or categories of coverage provided by the policy or contract as prescribed by the director;
(2)A description of the principal benefits and coverage provided in the policy or contract;
(3)A statement of the exceptions, reductions, and limitations contained in the policy or contract;
(4)A statement of the renewal provisions including any reservation by the insurer of nonprofit hospital, medical, or dental service association of a right to change premiums; and
(5)A statement that the outline is a summary of the policy or contract issued or applied for and that the policy or contract should be consulted to determine governing contractual provisions.
Nothing in this section prohibits an insurer from incorporating an outline of coverage into other solicitation and policy information documents if the required information is contained in the documents.
Source:
SL 1999, ch 240, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-7 - Director authorized to promulgate rules--Scope of rules.

58-33A-7. Director authorized to promulgate rules--Scope of rules.
The director may promulgate rules pursuant to chapter 1-26 to establish specific standards consistent with §58-33A-2. The rules may include standards of full and fair disclosure, that set forth the manner, content, and required disclosure. Except for conversion policies issued pursuant to a contractual conversion privilege under a group, the rules may apply to the sale of individual and group health insurance subject to this chapter and shall be in addition to and in accordance with applicable laws of this state. The rules may include:
(1)Terms of renewability;
(2)Initial and subsequent conditions of eligibility;
(3)Nonduplication of coverage provisions;
(4)Coverage of dependents;
(5)Preexisting conditions;
(6)Termination of insurance;
(7)Probationary periods;
(8)Limitations, exceptions, and reductions;
(9)Elimination periods;
(10)Requirements for replacement;
(11)Recurrent conditions;
(12)Prohibitions on the use of terms, information, phrases, or implied affiliations in advertising;
(13)Prominence, form, and style of any advertisement;
(14)Information to be disclosed on advertising or solicitation materials;
(15)Use of testimonials;
(16)Special offers or enrollment periods;
(17)Coverage comparisons;
(18)Identification of insurers, representatives of the insurers and insurance producers;
(19)Prearrangements or preneed funeral contracts; and
(20)The definition of terms including the following: hospital, accident, sickness, injury, physician, accidental means, total disability, partial disability, nervous disorder, guaranteed renewable and noncancellable.
Source:
SL 1999, ch 240, §7; SL 2000, ch 251, §6; SL 2001, ch 286, §215.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-8 - Required disclosures to be clear and conspicuous.

58-33A-8. Required disclosures to be clear and conspicuous.
Any information required to be disclosed by rules promulgated pursuant to this chapter shall be set out conspicuously and in close conjunction with the statements to which the information relates or under appropriate captions of such prominence that it does not minimize, render obscure, present in an ambiguous fashion, or intermingle with the context of the advertisement so as to be confusing or misleading.
Source:
SL 1999, ch 240, §8; SL 2000, ch 251, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-8.1 - Disclosure of usual, customary, and reasonable limitation provision required.

58-33A-8.1. Disclosure of usual, customary, and reasonable limitation provision required.
Any insurer that is subject to §58-33A-1 offering to provide health benefits in this state through a policy, contract, or certificate that contains a provision limiting coverage to usual, customary, or reasonable charges shall provide prominent disclosure that the policy, certificate, or contract contains a usual, customary, and reasonable limitation and that this limitation may cause the insured to incur additional out-of-pocket expenses. An insurer may comply with this section by including the required disclosure in an outline of coverage.
Source:
SL 2000, ch 251, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-9 - Buyer's guide and policy summary to be provided to all prospective life insurance purchasers--Illustration in lieu of policy summary--Director authorized to promulgate rules.

58-33A-9. Buyer's guide and policy summary to be provided to all prospective life insurance purchasers--Illustration in lieu of policy summary--Director authorized to promulgate rules.
Prior to accepting the applicant's initial premium or premium deposit, the insurer shall provide, to all prospective life insurance purchasers, a buyer's guide, and a policy summary. However, in lieu of a policy summary, an insurer may provide an illustration which complies with applicable rules concerning life insurance illustrations. Insurers may deliver the buyer's guide and policy summary or illustration at other times as specified by the director by rule. The director may also promulgate rules pursuant to chapter 1-26 specifying the type of policy summary required, the form and content of policy summaries, the specific buyer's guide to be used, and if the buyer's guide must be provided.
Source:
SL 1999, ch 240, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-10 - Advertisements not to be deceptive or misleading--Standard to be used in determination.

58-33A-10. Advertisements not to be deceptive or misleading--Standard to be used in determination.
Any advertisements shall be truthful and not materially misleading in fact or by implication. The form and content of an advertisement of a policy shall be sufficiently complete and clear so as to avoid deception. No advertisement may have the capacity and tendency to materially mislead or deceive. In determining whether an advertisement has the capacity and tendency to materially mislead or deceive, the director shall make the determination from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.
Source:
SL 1999, ch 240, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-11 - Insurer to maintain file of advertisements--Division may inspect files--Period for which files must be maintained.

58-33A-11. Insurer to maintain file of advertisements--Division may inspect files--Period for which files must be maintained.
Each insurer shall maintain at its home or principal office a complete file containing a specimen copy of every printed, published, or prepared advertisement of its policies and specimen copies of typical printed, published, or prepared advertisements of its blanket, franchise, and group policies where the content of advertisements vary dependent upon coverage options, hereafter disseminated in this state, with a notation indicating the manner and extent of distribution and the form number of any policy advertised. The file may be kept electronically. The division may inspect the file. All advertisements shall be maintained in the file for a period of either five years or until the filing of the next regular report on the examination of the insurer pursuant to chapter 58-3, whichever is the longer period of time.
Source:
SL 1999, ch 240, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-12 - Director's prior approval may be required--Other remedies not precluded.

58-33A-12. Director's prior approval may be required--Other remedies not precluded.
If the director has reason to believe that an advertisement has the capacity and tendency to mislead or deceive the public or otherwise does not comply with this chapter or the rules promulgated pursuant to this chapter, the director may require an insurer or insurance producer to submit all or any part of the advertising material for review or approval prior to use, in addition to any other remedies allowed by law.
Source:
SL 1999, ch 240, §12; SL 2000, ch 251, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-14 - Recommendations to purchase or exchange annuities subject to requirements.

58-33A-14. Recommendations to purchase or exchange annuities subject to requirements.
Sections 58-33A-13 to 58-33A-27, inclusive, apply to any recommendation or sale of an annuity. The purpose of §§58-33A-13 to 58-33A-27, inclusive, is to require producers, as defined in §58-33A-13, to act in the best interest of the consumer when making a recommendation of an annuity and to require insurers to establish and maintain a system to supervise recommendations so that the insurance needs and financial objectives of consumers at the time of the transaction are effectively addressed. Nothing in §§58-33A-13 to 58-33A-27, inclusive, creates or implies a private cause of action for a violation of §§58-33A-13 to 58-33A-27, inclusive, or subjects a producer to civil liability under the best interest standard of care outlined in §58-33A-16 or under standards governing the conduct of a fiduciary or a fiduciary relationship.
Source: SL 2008, ch 273, §2; SL 2022, ch 186, §2, eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-15 - Exemptions from requirements.

58-33A-15. Exemptions from requirements.
Unless otherwise specifically included, §§58-33A-13 to 58-33A-27, inclusive, do not apply to any transactions involving:
(1)A direct response solicitation if there is no recommendation based on information collected from the consumer pursuant to §§58-33A-13 to 58-33A-27, inclusive; or
(2)Any contract used to fund:
(a)An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
(b)A plan described by sections 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code (IRC), as of January 1, 2023, if established or maintained by an employer;
(c)A government or church plan defined in section 414 of the IRC as of January 1, 2023, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under section 457 of the IRC as of January 1, 2023; or
(d)A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
(3)A settlement of or assumption of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
(4)A formal prepaid funeral contract.
The director may, by rules promulgated pursuant to chapter 1-26, adopt revisions of the Internal Revenue Code which are in substantial compliance with the intent of subsections (b) and (c) of this section.
Source: SL 2008, ch 273, §3; SL 2022, ch 186, §3, eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-16 - Annuity--Best interest standard--Material control or influence.

58-33A-16. Annuity--Best interest standard--Material control or influence.
A producer, when making a recommendation of an annuity, shall act in the best interest of the consumer under the circumstances known at the time the recommendation is made, without placing the producer’s or the insurer’s financial interest ahead of the consumer’s interest. For purposes of this section, a producer has acted in the best interest of the consumer by satisfying the obligations regarding care in §§58-33A-16.1 to 58-33A-16.3, inclusive, disclosure in §§58-33A-16.4 to 58-33A-16.6, inclusive, conflict of interest in §58-33A-16.7, and documentation in §58-33A-19.2. Any requirement applicable to a producer under §§58-33A-13 to 58-33A-27, inclusive, must apply to every producer who has exercised material control or influence in the making of a recommendation and has received direct compensation as a result of the recommendation or sale, regardless of whether the producer has had any direct contact with the consumer. Activities such as providing or delivering marketing or educational materials, product wholesaling or other back-office product support, and general supervision of a producer do not, in and of themselves, constitute material control or influence.
The following acts, when considered in isolation, do not constitute material control or influence:
(1)Receipt of override commissions;
(2)Transmittal of documents, including application to insurers; and
(3)Providing illustrations and quotes.
Source: SL 2008, ch 273, §4; SL 2012, ch 250, §1; SL 2022, ch 186, §4, eff. Jan. 1, 2023; SL 2023, ch 168, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-16.1 - Annuity--Recommendation--Producer responsibilities.

58-33A-16.1. Annuity--Recommendation--Producer responsibilities.
Producers must, in making a recommendation:
(1)Exercise reasonable diligence, care, and skill to:
(a)Know the consumer’s financial situation, insurance needs, and financial objectives;
(b)Understand the available recommendation options after making a reasonable inquiry into options available to the producer;
(c)Have a reasonable basis to believe the recommended option effectively addresses the consumer’s financial situation, insurance needs, and financial objectives over the life of the product as evaluated in light of the consumer profile information; and
(d)Communicate the basis or bases of the recommendation;
(2)Make reasonable efforts to obtain consumer profile information from the consumer prior to the recommendation of an annuity;
(3)Consider the types of products the producer is authorized and licensed to recommend or sell that address the consumer’s financial situation, insurance needs, and financial objectives. This does not require analysis or consideration of any products outside the authority and license of the producer or other possible alternative products or strategies available in the market at the time of the recommendation. A producer is not considered to be authorized for a product if the producers have no access to that product. The producer must be held to standards applicable to producers with similar authority and licensure; and
(4)Have a reasonable basis to believe the consumer would benefit from certain features of the annuity, such as annuitization, death or living benefit, or other insurance-related features.
Factors generally relevant in making a determination whether an annuity effectively addresses the consumer’s financial situation, insurance needs, and financial objectives include the consumer profile information, characteristics of the insurer, product costs, rates, benefits, and features. The level of importance of each factor in this section may vary depending on the facts and circumstances of a particular case, but each factor may not be considered in isolation.
Source: SL 2022, ch 186, §7, eff. Jan. 1, 2023; SL 2023, ch 168, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-16.2 - Recommendation--Producer responsibilities--Applicability and intent.

58-33A-16.2. Recommendation--Producer responsibilities--Applicability and intent.
The requirements of §58-33A-16.1:
(1)Apply to the particular annuity as a whole, the underlying subaccounts to which funds are allocated at the time of purchase or exchange of an annuity, and riders and similar product enhancements;
(2)Create a regulatory obligation but do not create a fiduciary obligation or relationship;
(3)Do not mean the annuity with the lowest one-time or multiple occurrence compensation structure shall necessarily be recommended; and
(4)Do not mean the producer has ongoing monitoring obligations, although such an obligation may be separately owed under the terms of a fiduciary, consulting, investment advising, or financial planning agreement between the consumer and the producer.
Source: SL 2022, ch 186, §8, eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-16.3 - Considerations for annuity replacement or exchange.

58-33A-16.3. Considerations for annuity replacement or exchange.
In the case of an exchange or replacement of an annuity, the producer shall consider the whole transaction, which include taking into consideration whether:
(1)The consumer will incur a surrender charge, be subject to the commencement of a new surrender period, lose existing benefits, such as death, living, or other contractual benefits, or be subject to increased fees, investment advisory fees, or charges for riders and similar product enhancements;
(2)The replacing product would substantially benefit the consumer in comparison to the replaced product over the life of the product; and
(3)The consumer has had another annuity exchange or replacement and, in particular, an exchange or replacement within the preceding sixty months.
Source: SL 2022, ch 186, §9, eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-16.4 - Recommendation--Sale of annuity--Informed consumer.

58-33A-16.4. Recommendation--Sale of annuity--Informed consumer.
Prior to or at the time of the recommendation or sale of an annuity, the producer shall have a reasonable basis to believe the consumer has been informed of various features of the annuity including the potential surrender period and surrender charge, potential tax penalty if the consumer sells, exchanges, surrenders, or annuitizes the annuity, mortality and expense fees, investment advisory fees, any annual fees, potential charges for and features of riders or other options of the annuity, limitations on interest returns, potential changes in non-guaranteed elements of the annuity, insurance and investment components, and market risk.
Source: SL 2022, ch 186, §11, eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance › Section 58-33A-16.5 - Recommendation--Sale of annuity--Disclosure to consumer.

58-33A-16.5. Recommendation--Sale of annuity--Disclosure to consumer.
Prior to or at the time of the recommendation or sale of an annuity, the producer shall prominently disclose to the consumer on a form substantially similar to the form prescribed by the director and available on the division’s website:
(1)A description of the scope and terms of the relationship with the consumer and the role of the producer in the transaction;
(2)An affirmative statement on whether the producer is licensed and authorized to sell the following products:
(a)Fixed annuities;
(b)Fixed indexed annuities;
(c)Variable annuities;
(d)Life insurance;
(e)Mutual funds;
(f)Stocks and bonds; and
(g)Certificates of deposit;
(3)An affirmative statement describing the insurers the producer is authorized, contracted, appointed, or otherwise able to sell insurance products for using the following descriptions:
(a)From one insurer;
(b)From two or more insurers; or
(c)From two or more insurers although primarily contracted with one insurer;
(4)A description of the sources and types of cash compensation and non-cash compensation to be received by the producer, including whether the producer is to be compensated for the sale of a recommended annuity by commission as part of premium or other remuneration received from the insurer, intermediary, or other producer or by fee as a result of a contract for advice or consulting services; and
(5)A notice of the consumer’s right to request additional information regarding cash compensation described in §58-33A-16.6.
Source: SL 2022, ch 186, §12, eff. Jan. 1, 2023.