reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-15 - Casualty insurance including burglary and theft insurance.

58-9-15. Casualty insurance including burglary and theft insurance.
"Casualty insurance" includes burglary and theft insurance, insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation, or wrongful conversion, disposal, or concealment, or from any attempt at any of the foregoing; including supplemental coverage for medical, hospital, surgical, and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery, or theft by another; also insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers and documents, resulting from any cause.
Source:
SL 1966, ch 111, ch 4, §6 (1) (e).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-16 - Casualty insurance including personal property floater insurance.

58-9-16. Casualty insurance including personal property floater insurance.
"Casualty insurance" includes personal property floater insurance, insurance upon personal effects against loss or damage from any cause, under a personal property floater.
Source:
SL 1966, ch 111, ch 4, §6 (1) (f).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-17 - Casualty insurance including glass.

58-9-17. Casualty insurance including glass.
"Casualty insurance" includes insurance against loss or damage to glass, including its lettering, ornamentation, and fittings.
Source:
SL 1966, ch 111, ch 4, §6 (1) (g).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-18 - Casualty insurance including boiler and machinery insurance.

58-9-18. Casualty insurance including boiler and machinery insurance.
"Casualty insurance" includes boiler and machinery insurance, insurance against any liability and loss or damage to property or interest resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery, or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery, and apparatus of any kind, whether or not insured.
Source:
SL 1966, ch 111, ch 4, §6 (1) (h).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-19 - Casualty insurance including leakage and fire extinguishing equipment insurance.

58-9-19. Casualty insurance including leakage and fire extinguishing equipment insurance.
"Casualty insurance" includes leakage and fire extinguishing equipment insurance, insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings, and insurance against loss or damage to such sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus.
Source:
SL 1966, ch 111, ch 4, §6 (1) (i).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-20 - Casualty insurance including credit insurance.

58-9-20. Casualty insurance including credit insurance.
"Casualty insurance" includes credit insurance, insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured.
Source:
SL 1966, ch 111, ch 4, §6 (1) (j).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-21 - Casualty insurance including malpractice insurance.

58-9-21. Casualty insurance including malpractice insurance.
"Casualty insurance" includes malpractice insurance, insurance against legal liability of the insured, and against loss, damage, or expense incidental to a claim of such liability, and including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury, or disablement of any person, or arising out of damage to the economic interest of any person, as the result of negligence in rendering expert, fiduciary, or professional service.
Source:
SL 1966, ch 111, ch 4, §6 (1) (k).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-22 - Casualty insurance including insurance against congenital defects.

58-9-22. Casualty insurance including insurance against congenital defects.
"Casualty insurance" includes insurance against congenital defects in human beings.
Source:
SL 1966, ch 111, ch 4, §6 (1) (l).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-23 - Casualty insurance including livestock insurance.

58-9-23. Casualty insurance including livestock insurance.
"Casualty insurance" includes livestock insurance, insurance against loss of or damage to livestock, and services of a veterinary for such animals.
Source:
SL 1966, ch 111, ch 4, §6 (1) (m).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-24 - Casualty insurance including elevator insurance.

58-9-24. Casualty insurance including elevator insurance.
"Casualty insurance" includes elevator insurance, insurance against loss of or damage to any property of the insured, resulting from the ownership, maintenance or use of elevators, except loss or damage by fire.
Source:
SL 1966, ch 111, ch 4, §6 (1) (n).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-25 - Casualty insurance including entertainments insurance.

58-9-25. Casualty insurance including entertainments insurance.
"Casualty insurance" includes entertainments insurance, insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancellation thereof due to death, accidental injury, or sickness of performers, participants, directors, or other principals.
Source:
SL 1966, ch 111, ch 4, §6 (1) (o).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-26 - Casualty insurance including loss from failure to file instrument relating to personal property.

58-9-26. Casualty insurance including loss from failure to file instrument relating to personal property.
"Casualty insurance" includes insurance against loss resulting from failure to file or record written instruments affecting the title of or creating a lien upon personal property.
Source:
SL 1966, ch 111, ch 4, §6 (1) (p).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-27 - Casualty insurance including other unclassified insurance.

58-9-27. Casualty insurance including other unclassified insurance.
"Casualty insurance" includes insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this chapter, if such insurance is not disapproved by the director of insurance as being contrary to law or public policy.
Source:
SL 1966, ch 111, ch 4, §6 (1) (q).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-28 - Medical, hospital, surgical, funeral, and accident insurance incidental to other insurance.

58-9-28. Medical, hospital, surgical, funeral, and accident insurance incidental to other insurance.
Provision of medical, hospital, surgical, and funeral benefits, and of coverage against accidental death or injury, as incidental to and part of other insurance as stated under §§58-9-11, 58-9-13, 58-9-15, and 58-9-21 shall for all purposes be deemed to be the same kind of insurance to which it is so incidental, and shall not be subject to provisions of this title applicable to life and health insurances.
Source:
SL 1966, ch 111, ch 4, §6 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-29 - Surety insurance including fidelity insurance.

58-9-29. Surety insurance including fidelity insurance.
"Surety insurance" includes fidelity insurance, insurance to guarantee the fidelity of persons holding positions of public or private trust.
Source:
SL 1966, ch 111, ch 4, §7 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-30 - Surety insurance including workers' compensation insurance.

58-9-30. Surety insurance including workers' compensation insurance.
"Surety insurance" includes insurance or guaranty of the obligations of employers under workers' compensation laws.
Source:
SL 1966, ch 111, ch 4, §7 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-31 - Surety insurance including performance bonds.

58-9-31. Surety insurance including performance bonds.
"Surety insurance" includes insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings, and contracts of suretyship.
Source:
SL 1966, ch 111, ch 4, §7 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-32 - Surety insurance including indemnification of banks, brokers, and financial institutions.

58-9-32. Surety insurance including indemnification of banks, brokers, and financial institutions.
"Surety insurance" includes insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts, or other valuable papers, documents, money, precious metals, and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also insurance against loss or damage to insured's premises, furniture, furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism, malicious mischief, or any attempt thereat.
Source:
SL 1966, ch 111, ch 4, §7 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 09 - Kinds Of Insurance › Section 58-9-33 - Title insurance defined.

58-9-33. Title insurance defined.
"Title insurance" is the insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title.
Source:
SL 1966, ch 111, ch 4, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-1 - Application to all insurance and annuity contracts--Exceptions.

58-10-1. Application to all insurance and annuity contracts--Exceptions.
Chapters 58-10 to 58-12, inclusive, apply as to all insurance contracts and annuity contracts, other than:
(1)Reinsurance;
(2)Policies or contracts not issued for delivery in this state or not delivered in this state, except as provided in §§58-11-12 to 58-11-20, inclusive.
Source:
SL 1966, ch 111, ch 22, §1 (1), (2); SL 1967, ch 129, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-2 - Policy defined.

58-10-2. Policy defined.
"Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a part thereof.
Source:
SL 1966, ch 111, ch 22, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-3 - Procurement of insurance on own life or body for benefit of another--Interest required for insurance on life or body of another.

58-10-3. Procurement of insurance on own life or body for benefit of another--Interest required for insurance on life or body of another.
Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But no person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under such contract are payable to the individual insured or his personal representatives, or to a person having, at the time when such contract was made, an insurable interest in the individual insured.
Source:
SL 1966, ch 111, ch 22, §4 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-4 - Insurable interest in personal insurance defined.

58-10-4. Insurable interest in personal insurance defined.
Insurable interest with reference to personal insurance includes only interests as follows:
(1)Interests in individuals related closely by blood, marriage, or by law, a substantial interest engendered by love and affection;
(2)For other persons, a lawful and substantial economic interest in having the life, health, or bodily safety of the individual insured continue, as distinguished from an interest which would arise only by, or would be enhanced in value by, the death, disablement, or injury of the individual insured;
(3)A person who is a party to a contract or option for the purchase or sale of an interest in a business partnership or firm, or of shares of stock of a closed corporation or of an interest in the shares, has an insurable interest in the life of each individual party to the contract and for the purpose of the contract only, in addition to any insurable interest which may otherwise exist as to the life of the individual;
(4)A charitable organization that meets the requirements of section 501(c)3 of the Internal Revenue Code of 1986, as amended to January 1, 1992, and owns or purchases life insurance on an insured who consents to the ownership or purchase of the insurance has an insurable interest in the life of the insured;
(5)A financial institution, as defined in subdivision 10-43-1(4), to whom a debt is owed has an insurable interest in the life of the insured to the extent of the debt owed by the insured, irrespective of any statute of limitation regarding the enforceability of the debt;
(6)The trustee of a trust established by an individual settlor has an insurable interest in the life of that individual settlor, and has the same insurable interest in the life of any other individual as does such individual settlor. However, the settlor must be the insured or have an insurable interest as required by subdivisions (1) to (5), inclusive, of this section. The trustee of a trust has the same insurable interest in the life of any other individual as does any beneficiary of the trust with respect to proceeds of insurance on the life of such individual or any portion of such proceeds that are allocable to such beneficiary's interest in such trust. If multiple beneficiaries of a trust have an insurable interest in the life of the same individual, the trustee of such trust has the same aggregate insurable interest in such individual's life as such beneficiaries with respect to proceeds of insurance on the life of such individual or any portion of such proceeds that are allocable in the aggregate to such beneficiaries' interest in the trust. A trustee of a business trust has the same insurable interest in the life of any individual as does any beneficial owner in any individual or any beneficial owners in the aggregate in any individual.
Source:
SL 1966, ch 111, ch 22, §4 (3); SL 1989, ch 423, §1; SL 1992, ch 343; SL 2000, ch 237, §1; SL 2006, ch 251, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-5 - Insurance benefits recoverable from beneficiary without insurable interest.

58-10-5. Insurance benefits recoverable from beneficiary without insurable interest.
If the beneficiary, assignee, or other payee under any contract made in violation of §58-10-3 receives from the insurer any benefits thereunder accruing upon the death, disablement, or injury of the individual insured, the individual insured or his personal representative, as the case may be, may maintain an action to recover such benefits from the person so receiving them.
Source:
SL 1966, ch 111, ch 22, §4 (2); SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-6 - Consent of insured required for life or health insurance on an individual.

58-10-6. Consent of insured required for life or health insurance on an individual.
No life or health insurance contract upon an individual, except a contract of group life insurance or of group or blanket health insurance, shall be made or become effective unless at the time of the making of the contract such individual applies therefor or has consented thereto in writing, except in the following cases:
(1)A spouse may effectuate such insurance upon the other spouse.
(2)Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to such minor.
(3)Family policies may be issued insuring any two or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife.
Source:
SL 1966, ch 111, ch 22, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-6.1 - Assignment of incidents of ownership under life insurance policy--Assignment before July 1, 1989, enforceable.

58-10-6.1. Assignment of incidents of ownership under life insurance policy--Assignment before July 1, 1989, enforceable.
Subject to the policy terms on assignment, a person whose life is insured under a policy of life insurance may assign with his spouse's written consent any or all incidents of ownership granted him under the policy, including but not limited to any right to designate a beneficiary or to pay premiums. If a policy of life insurance has been issued in conformity with this section, no transfer of the policy or any interest thereunder shall be invalid by reason of a lack of insurable interest of the transferee in the life of the insured or the payment of premiums thereafter by the transferee. Insurance contracts which were assigned before July 1, 1989, shall be deemed enforceable under this section.
Source:
SL 1989, ch 423, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-7 - Insurance of property--Insurable interest required.

58-10-7. Insurance of property--Insurable interest required.
No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss.
Source:
SL 1966, ch 111, ch 22, §6 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-8 - Insurable interest in property defined.

58-10-8. Insurable interest in property defined.
"Insurable interest" as used in §§58-10-7 and 58-10-9 means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.
Source:
SL 1966, ch 111, ch 22, §6 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-9 - Measure of insurable interest in property.

58-10-9. Measure of insurable interest in property.
The measure of an insurable interest in property is the extent to which the insured might be directly damnified by loss, injury, or impairment thereof.
Source:
SL 1966, ch 111, ch 22, §6 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-11 - Change of property interest on death of insured.

58-10-11. Change of property interest on death of insured.
A change of interest, by will or succession, on the death of the insured, does not avoid an insurance of property and the insurance passes to the person taking his interest in the thing insured.
Source:
SL 1966, ch 111, ch 22, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-12 - Transfer of property interest between joint insureds.

58-10-12. Transfer of property interest between joint insureds.
A transfer of interest by one of several partners, joint owners, or owners in common, who are jointly insured, to the others, does not avoid an insurance of property even though it has been agreed that the insurance shall cease upon an alienation of the thing insured.
Source:
SL 1966, ch 111, ch 22, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-13 - Trust defined.

58-10-13. Trust defined.
For purposes of subdivision 58-10-4(6), the term, trust, includes any trust, including a business trust, and the term, beneficiary, includes the interest of any beneficiary in a trust, including a beneficial owner of a business trust.
Source:
SL 2006, ch 251, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-14 - Business trust defined.

58-10-14. Business trust defined.
For purposes of subdivision 58-10-4(6), the term, business trust, means a business trust subject to chapter 47-14A or chapter 47-14B.
Source:
SL 2006, ch 251, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-15 - Trust to be governed by South Dakota law.

58-10-15. Trust to be governed by South Dakota law.
An insurance contract for which an insurable interest exists under subdivision 58-10-4(6), is a life insurance policy issued for delivery to a trust governed by South Dakota law.
Source:
SL 2006, ch 251, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-16 - Retroactive effect of statutory provisions regarding trusts.

58-10-16. Retroactive effect of statutory provisions regarding trusts.
The provisions of subdivision 58-10-4(6) and §§58-10-13 to 58-10-15, inclusive, are effective retroactively to November 2, 1889.
Source:
SL 2006, ch 251, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 10 - Insurable Interest › Section 58-10-17 - Creation of entity to purchase, hold, or administer insurance contract on life of individual settlor.

58-10-17. Creation of entity to purchase, hold, or administer insurance contract on life of individual settlor.
A person who has an insurable interest in the life of an individual settlor pursuant to subdivisions 58-10-4(1) to (6), may create an entity solely for the purpose of purchasing, holding, or administering an insurance contract on the life of the individual settlor. Neither an insurance policy issued to the entity nor any ownership interest in the entity itself may be sold or voluntarily transferred to any entity other than one with an insurable interest in the life of the same individual settlor pursuant to subdivisions 58-10-4(1) to (6). For purposes of this section, entity, has the same meaning as the definition of, person, in subdivision 58-1-2(14).
Source:
SL 2015, ch 247, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-1 - Premium defined.

58-11-1. Premium defined.
Premium is the consideration for insurance by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or other charge in consideration for an insurance contract is deemed part of the premium. However, the premium for title insurance shall be the rates filed and approved in §58-25-7.
Source:
SL 1966, ch 111, ch 22, §3; SL 1995, ch 66, §2; SL 2009, ch 259, §1; SL 2014, ch 229, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-2 - Contents of policy.

58-11-2. Contents of policy.
Every policy as defined by §58-10-2 shall specify:
(1)The names of the parties to the contract;
(2)The subject of the insurance;
(3)The risks insured against;
(4)The time when the insurance takes effect and the duration thereof;
(5)The premium; and
(6)The conditions pertaining to the insurance.
Source:
SL 1966, ch 111, ch 22, §16 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-3 - Statement of basis and rates for determination of premium included in policy.

58-11-3. Statement of basis and rates for determination of premium included in policy.
If under the policy, the exact amount of premium is determinable only at stated intervals or at termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included.
Source:
SL 1966, ch 111, ch 22, §16 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-4 - Contents of policy--Exemption of surety contracts or group insurance policies.

58-11-4. Contents of policy--Exemption of surety contracts or group insurance policies.
Sections 58-11-2 and 58-11-3 shall not apply to surety contracts or to group insurance policies.
Source:
SL 1966, ch 111, ch 22, §16 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-5 - Standard or uniform provisions of insurance contracts--Waiver of required use by director.

58-11-5. Standard or uniform provisions of insurance contracts--Waiver of required use by director.
Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this title pertaining to contracts of particular kinds of insurance. The director may waive the required use of a particular provision in a particular insurance policy form if he finds such provision unnecessary for the protection of the insured and inconsistent with the purposes of the policy.
Source:
SL 1966, ch 111, ch 22, §15 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-6 - Policy not to contain provisions inconsistent with standard or uniform provisions--Substitute provision, approval by director.

58-11-6. Policy not to contain provisions inconsistent with standard or uniform provisions--Substitute provision, approval by director.
No policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used, but the director may approve any substitute provision which is, in his opinion, not less favorable in any particular to the insured or beneficiary than the provisions otherwise required.
Source:
SL 1966, ch 111, ch 22, §15 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-7 - Substitute provisions required by law of domicile of foreign or alien insurer, approval by director.

58-11-7. Substitute provisions required by law of domicile of foreign or alien insurer, approval by director.
In lieu of the provisions required by this title for contracts for particular kinds of insurance, substantially similar provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the director.
Source:
SL 1966, ch 111, ch 22, §15 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-8 - Assessable policies--Special contents.

58-11-8. Assessable policies--Special contents.
Every assessable policy delivered or issued for delivery in this state by an insurer, together with any application therefor shall have conspicuously printed near the top of the face of such policy and application thereof in bold-face type of a size not less than the largest type used for any heading or caption in the policy or application, the words "Important: this is an assessable policy," or "Important: this is an application for an assessable policy."
Source:
SL 1966, ch 111, ch 22, §17.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9 - Motor vehicle insurance--Uninsured motorist and hit-and-run coverage--Amount of coverage--Uninsured motorist coverage not required for government owned vehicles.

58-11-9. Motor vehicle insurance--Uninsured motorist and hit-and-run coverage--Amount of coverage--Uninsured motorist coverage not required for government owned vehicles.
No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, except for snowmobiles, unless coverage is provided therein or supplemental thereto in limits for bodily injury or death equal to the coverage provided by such policy for bodily injury and death, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom. However, the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured. Any policy insuring government owned vehicles may not be required to provide uninsured motorist coverage.
Source:
SL 1966, ch 111, ch 22, §16 (5); SL 1972, ch 261; SL 1975, ch 307; SL 1981, ch 359, §3; SL 1982, ch 356; SL 1997, ch 286, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.1 - Motor vehicle insured by insolvent liability insurer defined as uninsured--Rights of insurer making payment under uninsured motorist coverage.

58-11-9.1. Motor vehicle insured by insolvent liability insurer defined as uninsured--Rights of insurer making payment under uninsured motorist coverage.
For the purpose of uninsured motorist coverage the term "uninsured motor vehicle" shall be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency. In the event of payment by an insurer to any person under the uninsured motorist coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of such person against any person or organization legally responsible for the damage for which such payment is made, including the proceeds recoverable from the assets of the insolvent insurer.
Source:
SL 1966, ch 111, ch 22, §16 (5) as added by SL 1968, ch 136.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.2 - Notice required when automobile policy does not include liability insurance.

58-11-9.2. Notice required when automobile policy does not include liability insurance.
Any automobile policy and certificate of insurance which is issued on any automobile registered or principally garaged in this state and which does not provide bodily injury and property damage liability insurance, shall contain the following notice in ten point, or larger, bold print on the face of the policy and certificate: "This policy does not provide bodily injury and property damage liability insurance or any other coverage for which a specific premium charge is not made, and does not comply with any Financial Responsibility Law."
Source:
SL 1971, ch 268; SL 1990, ch 393.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.3 - Exclusion of named person or reduction of coverage in motor vehicle policy--Minimum liability coverage.

58-11-9.3. Exclusion of named person or reduction of coverage in motor vehicle policy--Minimum liability coverage.
An insurance policy covering a private passenger automobile or other motor vehicle registered or principally garaged in this state may by written agreement with the named insured exclude a named individual from coverage. The policy may also contain a restrictive endorsement reducing the limits of liability or collision coverage when the vehicle is operated by a named person or class of persons. However, if the policy does provide liability coverage to a person or persons named in a restrictive endorsement, the liability coverage may not be less than the minimum prescribed by chapter 32-35.
Source:
SL 1971, ch 269; SL 1994, ch 376.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.4 - Underinsured motorist coverage to be available with liability policies--Limitation of coverage--Exception.

58-11-9.4. Underinsured motorist coverage to be available with liability policies--Limitation of coverage--Exception.
No motor vehicle liability policy of insurance may be issued or delivered in this state with respect to any motor vehicle registered or principally garaged in this state, except for snowmobiles, unless underinsured motorist coverage is provided therein at a face amount equal to the bodily injury limits of the policy. However, the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured. Any policy insuring government owned vehicles may not be required to provide underinsured motorist coverage.
Source:
SL 1975, ch 315, §1; SL 1981, ch 359, §1; SL 1986, ch 418, §1; SL 1988, ch 394, §1; SL 1989, ch 424; SL 1997, ch 286, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.5 - Payment to insured for portion of judgment not collected from underinsured motorist--Coverage limits.

58-11-9.5. Payment to insured for portion of judgment not collected from underinsured motorist--Coverage limits.
Subject to the terms and conditions of such underinsured motorist coverage, the insurance company agrees to pay its own insured for uncompensated damages as its insured may recover on account of bodily injury or death arising out of an automobile accident because the judgment recovered against the owner of the other vehicle exceeds the policy limits thereon. Coverage shall be limited to the underinsured motorist coverage limits on the vehicle of the party recovering less the amount paid by the liability insurer of the party recovered against.
Source:
SL 1975, ch 315, §2; SL 1981, ch 359, §2; SL 1986, ch 418, §2; SL 1988, ch 394, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.6 - Subrogation of insurer--Assignment of judgment--Liability issuer allowed to pay limits under policy.

58-11-9.6. Subrogation of insurer--Assignment of judgment--Liability issuer allowed to pay limits under policy.
The issuer of the underinsured motorist coverage is subrogated to any amounts the insurer so pays and, upon payment, has an assignment of the judgment against the other party to the extent of the money paid. Refusal of the issuer of the underinsured motorist coverage to waive its statutory right of subrogation does not constitute bad faith. A liability insurer may pay the limits of the liability policy it issued without obtaining a complete release on behalf of its insured. Such payment does not abrogate any continuing duty to defend and does not constitute bad faith.
Source:
SL 1975, ch 315, §3; SL 1988, ch 395; SL 1989, ch 425.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.7 - Adding of insured's uninsured and underinsured motorist coverage limits prohibited--Exception.

58-11-9.7. Adding of insured's uninsured and underinsured motorist coverage limits prohibited--Exception.
In no case may an insured's uninsured motorist coverage limits and underinsured motorist coverage limits be added together to determine the limit of insurance coverage available to an injured person for any one accident. However, this provision does not preclude recovery under both an insured's underinsured and uninsured coverages where two or more separate motor vehicle operators, one uninsured and the other underinsured, are determined to be liable.
Source:
SL 1986, ch 417, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.8 - Adding of uninsured motorist coverage limits for multiple vehicles prohibited.

58-11-9.8. Adding of uninsured motorist coverage limits for multiple vehicles prohibited.
Regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the insured's policy, or premiums paid, in no event may the limit of liability for uninsured motorist coverage for two or more of the insured's motor vehicles be added together to determine the limit of insurance coverage available to an injured person for any one accident.
Source:
SL 1986, ch 417, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.9 - Adding of underinsured motorist coverage limits for multiple vehicles prohibited.

58-11-9.9. Adding of underinsured motorist coverage limits for multiple vehicles prohibited.
Regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the insured's policy, or premiums paid, in no event may the limit of liability for underinsured motorist coverage for two or more of the insured's motor vehicles be added together to determine the limit of insurance coverage available to an injured person for any one accident.
Source:
SL 1986, ch 417, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.10 - Increase in automobile insurance premiums due to drug-related offenses prohibited.

58-11-9.10. Increase in automobile insurance premiums due to drug-related offenses prohibited.
No automobile insurer may increase the premium rate as a result of a conviction, adjudication of delinquency or revocation under §32-12-52.3.
Source:
SL 1990, ch 249, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-9.11 - Increase in automobile insurance premiums due to certain alcohol-related offenses by a minor prohibited.

58-11-9.11. Increase in automobile insurance premiums due to certain alcohol-related offenses by a minor prohibited.
No automobile insurer may increase the premium rate as a result of a conviction, adjudication of delinquency or revocation under §32-12-52.4.
Source:
SL 1990, ch 250, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-10 - Additional policy provisions--Approval of director.

58-11-10. Additional policy provisions--Approval of director.
A policy may contain additional lawful provisions, including reasonable policy exclusions, not inconsistent with this title, subject to the director's approval.
Source:
SL 1966, ch 111, ch 22, §18; SL 2010, ch 235, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-11 - Charter and bylaws, inclusion as part of contract of insurance--Subscriber's agreement or power of attorney of a reciprocal insurer as part of contract.

58-11-11. Charter and bylaws, inclusion as part of contract of insurance--Subscriber's agreement or power of attorney of a reciprocal insurer as part of contract.
No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer, other than the subscriber's agreement or power of attorney of a reciprocal insurer, a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid.
Source:
SL 1966, ch 111, ch 22, §19.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-12 - Policy forms--Filing with and approval by director--Group policy certificates filed for informational purposes.

58-11-12. Policy forms--Filing with and approval by director--Group policy certificates filed for informational purposes.
No basic insurance policy or annuity contract form, or group certificate form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be delivered or issued for delivery in this state, unless the form has been filed with and approved by the director, except that certificates delivered, but not solicited in this state, pursuant to a group policy issued or delivered outside the State of South Dakota shall be filed with the director for informational purposes. A form filed with the director for informational purposes does not exempt that group policy or certificate from complying with any other applicable provisions of Title 58 or state law.
Source:
SL 1966, ch 111, ch 22, §13 (1); SL 1975, ch 308; SL 1996, ch 291.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-13 - Policies exempt from form provisions.

58-11-13. Policies exempt from form provisions.
Section 58-11-12 shall not apply to surety bonds, or to specially rated inland marine risks, nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insurance upon a particular subject, or which relate to the manner of distribution of benefits or to the reservation of rights and benefits under life or health insurance policies and are used at the request of the individual policyholder, contract holder, or certificate holder.
Source:
SL 1966, ch 111, ch 22, §13 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-14 - Continuation of use of prior filings until otherwise prescribed.

58-11-14. Continuation of use of prior filings until otherwise prescribed.
Every form of insurance document and every rate or other filing lawfully in use immediately prior to July 1, 1966, may continue to be so used until the director otherwise prescribes pursuant to this title.
Source:
SL 1966, ch 111, ch 22, §13 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-15 - Order of director exempting insurance documents from requirements as to form.

58-11-15. Order of director exempting insurance documents from requirements as to form.
The director may, by order, exempt from the requirements of §58-11-12 for so long as he deems proper, any insurance document or form or type thereof as specified in such order, to which, in his opinion, said section may not practically be applied, or the filing and approval of which are, in his opinion, not desirable or necessary for the protection of the public.
Source:
SL 1966, ch 111, ch 22, §13 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-16 - Property, marine and transportation, casualty and surety insurance coverages--Filing of forms by rating organizations.

58-11-16. Property, marine and transportation, casualty and surety insurance coverages--Filing of forms by rating organizations.
As to forms for use in property, marine and transportation, casualty and surety insurance coverages, the filing required by §58-11-12 may be made by rating organizations on behalf of its members and subscribers; but this provision shall not be deemed to prohibit any such member or subscriber from filing any such forms on its own behalf.
Source:
SL 1966, ch 111, ch 22, §13 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-17 - Time for filing of forms--Approval or disapproval by director.

58-11-17. Time for filing of forms--Approval or disapproval by director.
Every filing pursuant to §58-11-12 shall be made not less than thirty days in advance of any such delivery. At the expiration of such thirty days, the form so filed shall be deemed approved unless prior thereto it has been approved or disapproved by order of the director. Approval of any such form by the director shall constitute a waiver of any unexpired portion of such waiting period.
Source:
SL 1966, ch 111, ch 22, §13 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-18 - Extension of time for approval or disapproval of filing by director--Notice to insurer--Approval at expiration of extended period.

58-11-18. Extension of time for approval or disapproval of filing by director--Notice to insurer--Approval at expiration of extended period.
The director may extend by not more than thirty days the period within which he may so approve or disapprove any such form, by giving notice to the insurer of such extension before expiration of the initial thirty-day period. At the expiration of any such period as so extended, and in the absence of such prior affirmative approval or disapproval, any such form shall be deemed approved.
Source:
SL 1966, ch 111, ch 22, §13 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-19 - Withdrawal of approval of form by director--Notice.

58-11-19. Withdrawal of approval of form by director--Notice.
The director may at any time, after notice and for cause shown, withdraw any such approval.
Source:
SL 1966, ch 111, ch 22, §13 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 11 - Form And Contents Of Insurance Policies › Section 58-11-20 - Order of director disapproving form or withdrawing previous approval--Detailed statement of grounds.

58-11-20. Order of director disapproving form or withdrawing previous approval--Detailed statement of grounds.
Any order of the director disapproving any such form or withdrawing a previous approval shall state the grounds therefor and the particulars thereof in such detail as reasonably to inform the insurer thereof.
Source:
SL 1966, ch 111, ch 22, §13 (3).