reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-9 - Deposit of domestic insurer held in this state pursuant to laws of another state or country--Assets comprising--Protection of all policyholders of insurer.

58-7-9. Deposit of domestic insurer held in this state pursuant to laws of another state or country--Assets comprising--Protection of all policyholders of insurer.
All other deposits of a domestic insurer held in this state pursuant to the laws of another state, province, or country shall be comprised of assets of the kinds described in §58-7-8, and of such additional securities required or permitted by the laws of such state, province, or country except common stocks, mortgages and real estate. A deposit made in this state by a domestic insurer transacting insurance in another state, province, or country, and as required by the laws of such other state, province, or country, shall be held for the protection of all the insurer's policyholders or all its policyholders and creditors or for such other purpose or purposes as may be specified pursuant to such laws.
Source:
SL 1966, ch 111, ch 7, §§3 (2), 4 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-10 - Deposits of reserves of domestic life insurer--Assets comprising--Holding for common benefit of policyholders and annuity contracts.

58-7-10. Deposits of reserves of domestic life insurer--Assets comprising--Holding for common benefit of policyholders and annuity contracts.
Deposits of the reserves of a domestic life insurer shall consist of securities and assets permitted for investment by chapter 58-27. Deposits of reserves made by domestic life insurers shall be held for the common benefit of all the holders of its life insurance policies and annuity contracts.
Source:
SL 1966, ch 111, ch 7, §§3 (3), 4 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-11 - Deposits of reserves of domestic insurers other than life--Holding for common benefit of all policyholders.

58-7-11. Deposits of reserves of domestic insurers other than life--Holding for common benefit of all policyholders.
Deposits of reserves made by domestic insurers other than life shall be held for the common benefit of all the holders of its policies.
Source:
SL 1966, ch 111, ch 7, §3 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-12 - Deposits of foreign insurers--Assets comprising--Holding for purposes required by law and as specified by director.

58-7-12. Deposits of foreign insurers--Assets comprising--Holding for purposes required by law and as specified by director.
Deposits of foreign insurers made under this title shall consist of such assets as are required by the director. Deposits required pursuant to this title shall be held for such purposes as is required by such law, and as specified by the director's order requiring such deposit to be made.
Source:
SL 1966, ch 111, ch 7, §§3 (4), 4 (4); SL 1991, ch 398, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-13 - Assignment to director of securities not negotiable by delivery--Power of attorney.

58-7-13. Assignment to director of securities not negotiable by delivery--Power of attorney.
The director shall require the insurer to either assign to the director and his successors in office all securities being deposited under this title which are not negotiable by delivery or to give the director irrevocable power of attorney authorizing the transfer of the securities or any part thereof then or thereafter on deposit for any purpose within the scope of the director's statutory powers.
Source:
SL 1966, ch 111, ch 7, §8 (1); SL 1991, ch 398, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-14 - Real estate used as deposit--Deed of trust, execution, and recording prior to deposit with director--Appraisal required.

58-7-14. Real estate used as deposit--Deed of trust, execution, and recording prior to deposit with director--Appraisal required.
If the insurer uses real estate as a deposit, the insurer shall execute and record a deed of trust to the director which shall be kept by the financial institution. Prior to the execution and recordation of the deed of trust, the insurer shall submit to the director a current appraisal of the real estate by an appraiser approved by the director.
Source:
SL 1966, ch 111, ch 7, §8 (3); SL 1991, ch 398, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-16 - Record by director of assets deposited.

58-7-16. Record by director of assets deposited.
The director shall keep a record of the assets and securities comprising each deposit, showing as far as practical the amount and market value of each item.
Source:
SL 1966, ch 111, ch 7, §6 (2); SL 1991, ch 398, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-17 - Release of assigned security--Reassignment to insurer or other person.

58-7-17. Release of assigned security--Reassignment to insurer or other person.
Upon release to the insurer, or other person entitled thereto, of any security that may have been assigned pursuant to §58-7-13, the director shall reassign the same to such insurer or other person entitled thereto.
Source:
SL 1966, ch 111, ch 7, §8 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-18 - Deposit of reserves in financial institutions.

58-7-18. Deposit of reserves in financial institutions.
Deposits required under this title may be made in South Dakota safe deposit institutions, banks, or trust companies selected by the insurer with the director's prior approval or may be made in the depository outside of the state approved by the director. The director may, upon written request of the insurer, permit a deposit to be made with and held by the trust department of a national or state bank approved by the director for the purpose and under depository or custodial arrangements approved by the director.
Source:
SL 1966, ch 111, ch 7, §5 (1); SL 1991, ch 398, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-20 - Terms of depository or custodial arrangements for deposit of reserves.

58-7-20. Terms of depository or custodial arrangements for deposit of reserves.
All depository or custodial arrangements shall comply in substance with the requirements of this title as to like deposits of other insurers, as to the amount, purposes, maintenance, replenishment, release, and withdrawal of such deposit or part thereof, as to the rights of the insurer therein, and in all other respects except as to actual custody.
Source:
SL 1966, ch 111, ch 7, §5 (4); SL 1991, ch 398, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-21 - Forms and terms of depository or custodial arrangement.

58-7-21. Forms and terms of depository or custodial arrangement.
The form and terms of all depository or custodial arrangements shall be prescribed or approved by the director consistent with the applicable provisions of this title.
Source:
SL 1966, ch 111, ch 7, §5 (6); SL 1991, ch 398, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-22 - Compensation and expenses of depository or custodian borne by insurer.

58-7-22. Compensation and expenses of depository or custodian borne by insurer.
The compensation and expenses of the depository or custodian shall be borne by the insurer.
Source:
SL 1966, ch 111, ch 7, §5 (7).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-23 - Nonliability of director and state for safekeeping by custodian.

58-7-23. Nonliability of director and state for safekeeping by custodian.
The director and the State of South Dakota shall have no liability as to the safekeeping of any such deposit by the depository or custodian thereof.
Source:
SL 1966, ch 111, ch 7, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-24 - Custodial arrangements--Termination by director--New arrangements.

58-7-24. Custodial arrangements--Termination by director--New arrangements.
The director may terminate any depository or custodial arrangement and require a new arrangement. No arrangement may be terminated without the written authorization of the director.
Source:
SL 1966, ch 111, ch 7, §5 (5); SL 1991, ch 398, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-25 - Effect of deposit in foreign state.

58-7-25. Effect of deposit in foreign state.
If any domestic insurer is required to deposit with a public officer of any foreign state or any agency of that state any securities or assets for security of policyholders, to the extent that those securities or assets are admissible for that purpose under this chapter, and upon approval by the director that by the deposit the insurer's policyholders are as adequately secured as if such deposit had been made under this chapter, the deposit in the foreign state shall have the same effect as if made with the director. If any change is made in the deposit, the insurer shall be required to immediately notify the director of the change.
Source:
SL 1966, ch 111, ch 7, §5 (8); SL 1991, ch 398, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-26 - Sufficiency of deposit--Valuation of assets.

58-7-26. Sufficiency of deposit--Valuation of assets.
For the purpose of determining the sufficiency of its deposit in this state the assets and securities of the insurer on deposit shall be valued at current market value except bonds which may, in the discretion of the director, be valued as provided in §58-26-2.
Source:
SL 1966, ch 111, ch 7, §13 (1); SL 1969, ch 134.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-27 - Decline in market value of deposited assets--Deposit of additional assets or securities.

58-7-27. Decline in market value of deposited assets--Deposit of additional assets or securities.
If for any reason the current market value of such assets and securities falls below the amount of deposit required of the insurer under this title, the insurer shall promptly deposit other or additional assets or securities eligible for deposit and in amount sufficient to cure the deficiency. If the insurer has failed to cure the deficiency within thirty days after receipt of notice thereof by registered or certified mail from the director, the director shall forthwith without further notice revoke the insurer's certificate of authority.
Source:
SL 1966, ch 111, ch 7, §13 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-28 - Appraisal or valuation of deposited assets or securities--Cost borne by insurer.

58-7-28. Appraisal or valuation of deposited assets or securities--Cost borne by insurer.
The director may, prior to acceptance for deposit of any particular asset or security, or at any time thereafter while so deposited, have the same appraised or valued by appraisers approved by the director. The costs of any appraisal or valuation shall be borne by the insurer.
Source:
SL 1966, ch 111, ch 7, §9; SL 1991, ch 398, §15.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-29 - Deposit exceeding requirements--Release to insurer upon request--Release during insolvency of insurer.

58-7-29. Deposit exceeding requirements--Release to insurer upon request--Release during insolvency of insurer.
An insurer may so deposit and have on deposit assets or securities in an amount exceeding its deposit required or otherwise permitted under this title, for the purpose of absorbing fluctuations in the value of assets and securities deposited, and to facilitate the exchange and substitution of such assets and securities. During the solvency of the insurer any such excess shall be released to the insurer upon its request. During the insolvency of the insurer such excess deposit shall be released only as provided in §58-7-37.
Source:
SL 1966, ch 111, ch 7, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-30 - Right of insurer to deposited assets and securities during solvency.

58-7-30. Right of insurer to deposited assets and securities during solvency.
While the insurer remains solvent and is in compliance with this title it may:
(1)Demand, receive, sue for, and recover the income from the assets or securities deposited;
(2)Exchange and substitute for the deposited assets or securities, or any part thereof, other eligible assets or securities of equivalent or greater value; and
(3)At any reasonable time inspect any such deposit.
Source:
SL 1966, ch 111, ch 7, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-31 - Levy upon deposited assets and securities.

58-7-31. Levy upon deposited assets and securities.
No judgment creditor or other claimant of an insurer shall have the right to levy or to proceed by any remedies, provisional or otherwise, upon any of the assets or securities of the insurer held on deposit in this state. As to deposits pursuant to the retaliatory law, §§58-6-70 to 58-6-73, inclusive, levy thereupon shall be permitted if so provided in the director's order under which the deposit is made.
Source:
SL 1966, ch 111, ch 7, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-32 - Deposits by foreign or alien insurers not subject to taxation.

58-7-32. Deposits by foreign or alien insurers not subject to taxation.
Deposits made by foreign or alien insurers shall not be subject to taxation.
Source:
SL 1966, ch 111, ch 7, §5 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-33 - Duration of deposit of assets and securities.

58-7-33. Duration of deposit of assets and securities.
Every deposit made in this state by an insurer pursuant to this title, including assets and securities held in another state under custodial arrangements, shall be held as long as there is outstanding any liability of the insurer as to which the deposit was so required; or if a deposit required under the retaliatory law, §§58-6-70 to 58-6-73, inclusive, the deposit shall be held for so long as the basis of such retaliation exists.
Source:
SL 1966, ch 111, ch 7, §14 (1); SL 2021, ch 210, § 4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-34 - Release of deposit on request of domestic insurer.

58-7-34. Release of deposit on request of domestic insurer.
Upon the request of a domestic insurer, the director shall direct the depository or custodian to return to the insurer the whole or any portion of the assets and securities of the insurer held on deposit if the director is satisfied that the assets and securities to be returned are subject to no liability and are no longer required to be held by any provision of law or purposes of the original deposit. If the insurer has reinsured all its outstanding risks in another insurer or insurers authorized to transact insurance in this state and the insurer, by written notice, notifies the director that the assets and securities have been assigned, transferred and set over to the reinsuring insurer or insurers, the director shall require the depository or custodian to deliver the assets and securities to the insurer or insurers assuming the risks. The notice shall be accompanied by a duly verified copy of the assignment, transfer, or conveyance. In the case of deposits of the reserves of domestic life insurers, the insurers shall submit proof satisfactory to the director that the reinsurer has deposited or will deposit, and will maintain on deposit in public custody through the insurance supervisory official of its state of domicile, assets and securities of like quality in an amount not less than the reserves of the policies and contracts so reinsured, in addition to any other deposit of such insurer required or permitted by law. Unless the reinsurer is required to have on deposit all of its reserves, the insurer shall submit proof satisfactory to the director that the deposit of the reserves will be maintained by the state of its domicile for the special benefit and protection of the holders of the life insurance policies and annuity contracts so reinsured.
Source:
SL 1966, ch 111, ch 7, §14 (2); SL 1991, ch 398, §16.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-35 - Return of deposit of foreign insurer.

58-7-35. Return of deposit of foreign insurer.
The director shall direct the depository or custodian to return to a foreign insurer any deposit made pursuant to this title by the insurer, if:
(1)The insurer has ceased transacting business in this state, or in the United States, and the insurer is not subject to any liability in this state on account of which the deposit was held; or
(2)The deposit is no longer required by any provision of law; or
(3)The insurer, during its solvency has made a similar deposit in another state and has filed with the director the certificate or evidence thereof, under the conditions provided for in subdivisions 58-6-34(1) and (2).
Source:
SL 1966, ch 111, ch 7, §14 (3); SL 1991, ch 398, §17.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-36 - Return of deposit upon merger or consolidation of insurer.

58-7-36. Return of deposit upon merger or consolidation of insurer.
Upon the merger or consolidation of an insurer that has made a deposit in this state, the director may, after preserving the interests of South Dakota policyholders, direct the depository or custodian to return the deposit to the resulting or surviving corporation, or to any person it may designate for that purpose, if the resulting or surviving corporation is or becomes authorized to transact an insurance business in this state.
Source:
SL 1966, ch 111, ch 7, §14(3); SL 1988, ch 393; SL 1991, ch 398, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-37 - Insurer subject to delinquency proceedings--Surrender of deposited assets and securities to authorized officer of court.

58-7-37. Insurer subject to delinquency proceedings--Surrender of deposited assets and securities to authorized officer of court.
If the insurer is subject to delinquency proceedings as defined in this title, upon the order of a court of competent jurisdiction, the director shall yield the assets and securities held on deposit to the receiver, conservator, rehabilitator, or liquidator of the insurer, or to any other properly designated official.
Source:
SL 1966, ch 111, ch 7, §14 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 07 - Insurers' Deposits With State › Section 58-7-38 - Release of deposited assets--Terms--Nonliability of director acting in good faith.

58-7-38. Release of deposited assets--Terms--Nonliability of director acting in good faith.
No release of deposited assets and securities may be made except upon application to and the written order of the director and under the terms of the custodial or depository arrangement. The director is not personally liable for the release of any deposit made by him in good faith.
Source:
SL 1966, ch 111, ch 7, §14 (5); SL 1991, ch 398, §19.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-1 - Representing or aiding unauthorized insurer as misdemeanor.

58-8-1. Representing or aiding unauthorized insurer as misdemeanor.
No person may in this state, directly or indirectly, act as insurance producer for, or otherwise represent any insurer not then authorized to transact insurance business in this state, in the solicitation, negotiation, or effectuation of insurance or of annuity contracts, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or in any other manner in the transaction of insurance business with respect to subjects of insurance resident, located or to be performed in this state. Any violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 12, §1 (1); SL 1978, ch 359, §2; SL 2001, ch 286, §98.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-2 - Acts which do not constitute representing or aiding unauthorized insurer.

58-8-2. Acts which do not constitute representing or aiding unauthorized insurer.
Section 58-8-1 shall not apply to:
(1)Acceptance of service of process by the director under §58-8-8;
(2)Surplus lines insurance, and other transactions as to which a certificate of authority is not required of an insurer as stated in §58-6-4;
(3)Reinsurance as authorized by chapter 58-14;
(4)The services of an adjuster with respect to claims under policies lawfully solicited, issued and delivered outside South Dakota;
(5)The professional services of an attorney at law.
Source:
SL 1966, ch 111, ch 12, §1 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-3 - Advertising relating to unauthorized insurers as misdemeanor.

58-8-3. Advertising relating to unauthorized insurers as misdemeanor.
It is a Class 2 misdemeanor for any person to publish or print in this state in any newspaper, magazine, periodical, circular, letter, pamphlet, or in any other manner, or to publish by radio or television broadcasting in this state, any advertisement or other notice, either directly or indirectly, setting forth the advantages of or soliciting business for any insurer, insurance producer, or other person who has not been authorized to transact insurance business in this state.
Source:
SL 1966, ch 111, ch 12, §1 (2); SL 1978, ch 359, §2; SL 2001, ch 286, §99.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-4 - Acceptance of advertising without proof of authority to do business in state as misdemeanor.

58-8-4. Acceptance of advertising without proof of authority to do business in state as misdemeanor.
No person may accept for publication or printing any newspaper, magazine, or other periodical, or for radio or television broadcasting in this state, any advertisement or other notice, either directly or indirectly setting forth the advantages of or soliciting business for any insurer, insurance producer, or other person, unless the publisher holds a certificate to the effect that the insurer, insurance producer, or other person named therein is authorized to transact insurance business in this state for the current license year. The certificate shall be issued by the director without cost to any person applying therefor.
Any violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 12, §1 (3); SL 1978, ch 359, §2; SL 2001, ch 286, §100.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-5 - Distribution of advertising matter as to advantages of doing business with unauthorized insurer as misdemeanor.

58-8-5. Distribution of advertising matter as to advantages of doing business with unauthorized insurer as misdemeanor.
It is a Class 2 misdemeanor for any manufacturer, jobber, wholesaler, or retailer to distribute or to cause to be distributed any match books or other advertising matter, directly or indirectly, setting forth the advantages of or soliciting business for any insurer, insurance producer, or other person, who has not been authorized to transact insurance business in this state.
Source:
SL 1966, ch 111, ch 12, §1 (4); SL 1978, ch 359, §2; SL 2001, ch 286, §101.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-6 - Unauthorized insurers--Purposes of Process Act.

58-8-6. Unauthorized insurers--Purposes of Process Act.
The purpose of §§58-8-6 to 58-8-19, inclusive, is to subject certain insurers to the jurisdiction of the courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the Legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
Source:
SL 1966, ch 111, ch 12, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-7 - Acts by unauthorized insurer constituting appointment of director of insurance as agent for service of process.

58-8-7. Acts by unauthorized insurer constituting appointment of director of insurance as agent for service of process.
Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer:
(1)The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein;
(2)The solicitation of applications for such contracts;
(3)The collection of premiums, membership fees, assessments, or other considerations for such contracts; or
(4)Any other transaction of insurance business;
is equivalent to and shall constitute an appointment by such insurer of the director to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer.
Source:
SL 1966, ch 111, ch 12, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-8 - Manner of service of process--Duties of director.

58-8-8. Manner of service of process--Duties of director.
Such service of process shall be made by delivering to and leaving with the director or some person in apparent charge of his office two copies thereof and the payment to him of a fee as set forth in subdivision 58-2-29(12)(c) which shall be taxed in the costs of the proceeding. The director shall forthwith mail by registered or certified mail one of the copies of such process to the defendant at its last known principal place of business, and shall keep a record of all process so served upon him.
Source:
SL 1966, ch 111, ch 12, §5; SL 1975, ch 305, §3; SL 1982, ch 28, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-9 - Notice by mail to insurer--Proof of service.

58-8-9. Notice by mail to insurer--Proof of service.
Service of process pursuant to §58-8-8 is sufficient, provided notice of such service and a copy of the process are sent within ten days thereafter by registered or certified mail by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
Source:
SL 1966, ch 111, ch 12, §5; SL 1982, ch 28, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-10 - Service of process on agent of unauthorized insurer other than director.

58-8-10. Service of process on agent of unauthorized insurer other than director.
Service of process in any such action, suit or proceeding shall in addition to the manner provided in §§58-8-8 and 58-8-9, be valid if served upon any person within this state who, in this state on behalf of such insurer, is:
(1)Soliciting insurance; or
(2)Making, issuing, or delivering any contract of insurance; or
(3)Collecting or receiving any premium, membership fee, assessment, or other consideration for insurance;
and a copy of such process is sent within ten days thereafter by registered or certified mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
Source:
SL 1966, ch 111, ch 12, §6; SL 1982, ch 28, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-12 - Mode of service of process cumulative.

58-8-12. Mode of service of process cumulative.
Nothing in this chapter shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or hereafter permitted by law.
Source:
SL 1966, ch 111, ch 12, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-13 - Conditions precedent to filing of pleadings by unauthorized foreign or alien insurer--Deposit or bond--Procurement of certificate of authority.

58-8-13. Conditions precedent to filing of pleadings by unauthorized foreign or alien insurer--Deposit or bond--Procurement of certificate of authority.
Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall in addition to any other requirement that may be imposed by law either:
(1)Deposit with the clerk of the court in which such action, suit, or proceeding is pending cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; provided, however, that the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action, suit or proceedings; or
(2)Procure a certificate of authority to transact the business of insurance in this state.
Source:
SL 1966, ch 111, ch 12, §9 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-14 - Motion of unauthorized foreign or alien insurer to quash or set aside service of process--Deposit or bond not required--Grounds for motion.

58-8-14. Motion of unauthorized foreign or alien insurer to quash or set aside service of process--Deposit or bond not required--Grounds for motion.
Nothing in §58-8-13 is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash any process or to set aside service thereof made in the manner provided in §§58-8-8 to 58-8-10, inclusive, on the ground either:
(1)That such unauthorized insurer has not done any of the acts enumerated in §58-8-7; or
(2)That the person on whom service was made pursuant to §58-8-10 was not doing any of the acts therein enumerated.
Source:
SL 1966, ch 111, ch 12, §9 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-15 - Action against unauthorized insurer commenced by substituted process--Postponement by court to give defendant opportunity to defend.

58-8-15. Action against unauthorized insurer commenced by substituted process--Postponement by court to give defendant opportunity to defend.
The court in any action, suit or proceeding, in which service is made in the manner provided in §§58-8-8 to 58-8-10, inclusive, may order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of §58-8-13 and to defend such action.
Source:
SL 1966, ch 111, ch 12, §9 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-16 - Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff.

58-8-16. Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff.
In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
Source:
SL 1966, ch 111, ch 12, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-17 - Exemptions from unauthorized insurers process provisions.

58-8-17. Exemptions from unauthorized insurers process provisions.
The provisions of §§58-8-6 to 58-8-19, inclusive, shall not apply to any action, suit or proceeding against any unauthorized foreign or alien insurer arising out of a contract of:
(1)Reinsurance of the liability of an admitted insurer;
(2)Insurance against perils of navigation, transit, or transportation upon hulls, freights, or disbursements, or other ship owner interest; upon goods, wares, merchandise, and all other personal property and interests therein, in course of exportation from or importation into any country, or transportation coastwise, including transportation by land or water from point of origin to final destination and including war risks; and marine builder's risks, dry docks and marine railways, including insurance of ship repairer's liability, and protection and indemnity insurance, but excluding insurance covering bridges or tunnels;
(3)Aircraft insurance;
(4)Insurance on property or operations of railroads engaged in interstate commerce;
(5)Insurance in accordance with the surplus line law;
(6)Insurance against legal liability arising out of the ownership, operation, or maintenance of any property having a permanent situs outside of this state;
(7)Insurance against loss of or damage to any property having a permanent situs outside this state; or
(8)Where such contract contains a provision designating the director to be its true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any contract or where the insurer enters a general appearance in any such action, suit, or proceeding.
Source:
SL 1966, ch 111, ch 12, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-18 - Uniformity of interpretation of chapter.

58-8-18. Uniformity of interpretation of chapter.
This chapter shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.
Source:
SL 1966, ch 111, ch 12, §2 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 08 - Unauthorized Insurers › Section 58-8-19 - Citation of unauthorized insurers process provisions.

58-8-19. Citation of unauthorized insurers process provisions.
Sections 58-8-6 to 58-8-19, inclusive, constitute and may be cited as the Unauthorized Insurers Process Act.
Source:
SL 1966, ch 111, ch 12, §2 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-1 - Definitions not mutually exclusive.

58-9-1. Definitions not mutually exclusive.
It is intended that certain insurance coverages may come within the definitions of two or more kinds of insurance as defined in this chapter, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of which such coverage is likewise reasonably includable.
Source:
SL 1966, ch 111, ch 4, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-2 - Life insurance defined.

58-9-2. Life insurance defined.
"Life insurance" is insurance on human lives. Life insurance includes also the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured's disability, and optional modes of settlement of proceeds of life insurance. Life insurance does not include workers' compensation coverages.
Source:
SL 1966, ch 111, ch 4, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-3 - Health insurance defined.

58-9-3. Health insurance defined.
"Health insurance" is insurance of human beings against bodily injury, disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, or childbirth, or against expenses incurred in prevention of sickness, or dental care, and every insurance appertaining thereto. Health insurance does not include workers' compensation insurance.
Source:
SL 1966, ch 111, ch 4, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-4 - Burial insurance--Definition--Compliance with provisions concerning life insurers required.

58-9-4. Burial insurance--Definition--Compliance with provisions concerning life insurers required.
Burial insurance as used in this section includes any kind of agreement, certificate, policy, contract, bond, assurance guarantee, or other arrangement, by bylaw, regulation or otherwise, in or by which the party issuing such certificate, policy, contract, bond, assurance guarantee, or other arrangement agrees to provide for the burial of a named or designated person, or to save harmless anyone for the whole or any part of the costs of the burial of the body of a named or designated person, or to pay any part or all of the incidents of the burial of the body of a named or designated person. Any person engaging in the business of burial insurance shall be subject to and shall comply with all of the provisions of this title concerning the organization, qualification and conduct of life insurers. Nothing in this section shall be construed to limit or restrict the definitions of life insurance or life insurer under §§58-9-2 and 58-9-3.
Source:
SL 1966, ch 111, ch 32, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-5 - Property insurance defined.

58-9-5. Property insurance defined.
"Property insurance" is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazards or causes, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage.
Source:
SL 1966, ch 111, ch 4, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-6 - Marine and transportation insurance defined--Vehicles--Goods transported.

58-9-6. Marine and transportation insurance defined--Vehicles--Goods transported.
"Marine and transportation insurance" includes insurance against any kind of loss or damage to vessels, craft, aircraft, cars, automobiles, and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry, and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builder's risks and all personal property floater risks.
Source:
SL 1966, ch 111, ch 4, §5 (1) (a).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-7 - Marine and transportation insurance including personal injury or property damage.

58-9-7. Marine and transportation insurance including personal injury or property damage.
"Marine and transportation insurance" includes insurance against any kind of loss or damage to person or to property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of such insurance, but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance, or use of automobile.
Source:
SL 1966, ch 111, ch 4, §5 (1) (b).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-8 - Marine and transportation insurance including jewelry and precious metals.

58-9-8. Marine and transportation insurance including jewelry and precious metals.
"Marine and transportation insurance" includes insurance against any kind of loss or damage to precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise.
Source:
SL 1966, ch 111, ch 4, §5 (1) (c).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-9 - Marine and transportation insurance including transportation structures.

58-9-9. Marine and transportation insurance including transportation structures.
"Marine and transportation insurance" includes insurance against any kind of loss or damage to bridges, tunnels, and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage, unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and/or civil commotion are the only hazards to be covered; piers, wharves, docks and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and/or civil commotion; other aids to navigation and transportation, including dry docks and marine railways, against all risks.
Source:
SL 1966, ch 111, ch 4, §5 (1) (d).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-10 - Marine protection and indemnity insurance included.

58-9-10. Marine protection and indemnity insurance included.
"Marine and transportation insurance" includes "marine protection and indemnity insurance," meaning insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair, or construction of any vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death or for loss of or damage to the property of another person.
Source:
SL 1966, ch 111, ch 4, §5 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-11 - Casualty insurance including vehicle insurance.

58-9-11. Casualty insurance including vehicle insurance.
"Casualty insurance" includes vehicle insurance, insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability, or expense resulting from or incidental to ownership, maintenance, or use of any such vehicle, aircraft, or animal; and provision of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries, or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to insurance on the vehicle, aircraft, or animal.
Source:
SL 1966, ch 111, ch 4, §6 (1) (a).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-12 - Casualty insurance including automobile guaranty insurance.

58-9-12. Casualty insurance including automobile guaranty insurance.
"Casualty insurance" includes automobile guaranty insurance, insurance of the mechanical condition, or freedom from defective or worn parts or equipment, of motor vehicles.
Source:
SL 1966, ch 111, ch 4, §6 (1) (b).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-13 - Casualty insurance including liability insurance.

58-9-13. Casualty insurance including liability insurance.
"Casualty insurance" includes liability insurance, insurance against legal liability for the death, injury, or disability of any human being, or for damage to property; and provision of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries, or personal representative of persons killed, irrespective of legal liability of the insured, when issued as incidental coverage with or supplemental to liability insurance.
Source:
SL 1966, ch 111, ch 4, §6 (1) (c).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-14 - Casualty insurance including workers' compensation insurance.

58-9-14. Casualty insurance including workers' compensation insurance.
"Casualty insurance" includes workers' compensation insurance, insurance of the obligations accepted by, imposed upon, or assumed by employers under law for death, disablement, or injury of employees.
Source:
SL 1966, ch 111, ch 4, §6 (1) (d).