South Dakota

58-29A-1. 58-29A-1 to 58-29A-53. Repealed by SL 2000, ch 247, § 57

58-29A-54. Scope of application of chapter.

58-29A-55. Definition of terms.

58-29A-56. Creation of association--Membership--Exercise of powers.

58-29A-57. Board of directors--Appointment and terms of members--Vacancies on board.

58-29A-58. Representation of member insurers on board--Domestic insurers.

58-29A-59. Reimbursement of director's expenses.

58-29A-60. General corporate powers of association.

58-29A-61. Tax exemption of association.

58-29A-62. Notice to director of indications of member insolvency.

58-29A-63. Examination of insurer on request by board--Cost of examination--Handling of report.

58-29A-64. Insolvency or hazardous condition reported to board of directors.

58-29A-65. Recommendations for detection and prevention of insolvencies.

58-29A-66. Recommendations on improving regulation for solvency.

58-29A-67. Report by directors on history and causes of insolvency.

58-29A-68. Obligation of association on claims against insolvent insurer--Deductible and maximum amounts.

58-29A-69. Association deemed insurer to extent of obligations on covered claims.

58-29A-70. Investigation, adjustment, and payment or denial of claims--Review of previous settlements, releases, and judgments.

58-29A-71. Transfer or recovery of claim from certain covered persons.

58-29A-72. Means of handling claims--Designation of servicing facility.

58-29A-73. Reimbursement of servicing facility--Payment of other expenses.

58-29A-74. Separate accounts for administration and assessment.

58-29A-75. Allocation of claims, expenses, and assessments to separate accounts--Operating expenses excepted.

58-29A-76. Administrative assessments for operating expenses.

58-29A-77. Apportionment of assessments among members--Notice of assessment.

58-29A-78. Maximum assessment in relation to net premiums.

58-29A-79. Offset of payments and expenses against assessment due.

58-29A-80. Exemption or deferment of assessments to avoid impairment of capital or surplus.

58-29A-81. Proration of payments when assets insufficient for full payment.

58-29A-82. Refund of surplus to member insurers.

58-29A-83. Plan of operation submitted to director--Approval.

58-29A-84. Required contents of plan of operation.

58-29A-85. Compliance with plan of operation--Violation as misdemeanor.

58-29A-86. Delegation of functions to interstate organization--Reimbursement of organization--Approval of delegation.

58-29A-87. Director's rules promulgated in lieu of amendments to plan of operation.

58-29A-88. Notice to association of insolvency of insurer.

58-29A-89. Statement of members' premiums furnished to association.

58-29A-90. Stay of default proceedings against insolvent insurer--Setting aside of prior proceedings.

58-29A-91. Suspension or revocation of certificate of authority for failure to pay assessment or comply with plan--Fine as alternative.

58-29A-92. Revocation of designation of servicing facility.

58-29A-93. Duplicate coverage--Insured to exhaust rights against solvent insurer.

58-29A-94. Duplicate coverage by insolvent insurers--Factors governing primary recovery.

58-29A-95. Subrogation of association to rights of claimant.

58-29A-96. Restrictions on liability of insured to association.

58-29A-97. Liability of insureds for unpaid assessments.

58-29A-98. Settlements by association binding on successor of insolvent insurer--Priority of claim and expenses.

58-29A-99. Association's statements of claims paid filed with receiver or liquidator.

58-29A-100. Examination and regulation of association--Annual report.

58-29A-101. Immunity from liability of persons acting under chapter.

58-29A-102. Judicial review of director's actions.

58-29A-103. Premiums to include amounts sufficient for assessments.

58-29A-104. Unfair trade practice to advertise protection given by chapter.

58-29A-105. Payment of claims to be made in any reasonable order.

58-29A-106. Association to be recognized as claimant in liquidation of insolvent insurer--Priority of distribution.

58-29A-107. Insolvent insurer's records to be made available to board.

58-29A-108. Jurisdiction over claims against association.

58-29A-109. Citation of chapter.

58-29B-1. Citation of chapter.

58-29B-2. Scope.

58-29B-3. Definition of terms.

58-29B-4. Delinquency proceedings sole and exclusive remedy--Commencement of proceedings by director.

58-29B-5. Commencement of proceedings despite lack of notice to insurer.

58-29B-6. Grounds for personal jurisdiction.

58-29B-7. Venue of proceedings.

58-29B-8. Receiver authorized to grant certain orders.

58-29B-9. Persons to cooperate in proceedings and preliminary investigations.

58-29B-10. Obstruction or interference in conduct of proceedings.

58-29B-11. Failure to cooperate--Obstruction or interference--Penalty.

58-29B-12. Directors and deputies responsible for official bonds--Source of payment.

58-29B-13. Proceedings commenced prior to enactment of chapter.

58-29B-13.1. Service of appropriate orders by director.

58-29B-14. Director's determination of continuation of business hazardous--Notification of insurer.

58-29B-15. Supervision of insurer--Appointment of supervisor--Certain acts by insurer prohibited--Costs.

58-29B-16. Insurer to comply with director's requirements--Time period--Failure to comply.

58-29B-17. Hearings--Notice and procedure.

58-29B-18. Request for hearing--Request not to stay order.

58-29B-19. Waiver of hearing--Application for judicial relief--Judicial review of order after hearing.

58-29B-20. Requests for review of supervisor's actions.

58-29B-21. Violation of supervision order--Penalty.

58-29B-22. Application for necessary orders to enforce supervision order.

58-29B-23. Violation of valid orders--Personal liability for losses suffered by insurer--Commencement of action.

58-29B-24. Authority to file petition for seizure order--Grounds.

58-29B-25. Ex parte issuance of seizure order--Costs.

58-29B-26. Duration of order--Hearing to extend, shorten or modify--Vacation of order.

58-29B-27. Entry of order not anticipatory breach of insurer's contracts.

58-29B-28. Petition for review of order--Procedure.

58-29B-29. Notice to persons not present at hearing--Effect on previously issued order.

58-29B-30. Records to remain confidential--Exceptions.

58-29B-31. Application by director for rehabilitation of insurer--Grounds.

58-29B-32. Order of rehabilitation--Contents--Effect of filing or recording--Vesting of title--Accounting required.

58-29B-32.1. Appointment of deputies--Powers and responsibilities--Employment of counsel, clerks and assistants--Compensation--Advisory committee.

58-29B-32.2. Promulgation of rules for appointing committees.

58-29B-33. Authority of rehabilitator to reform and revitalize issuer.

58-29B-34. Authority to pursue legal remedies on insurer's behalf.

58-29B-35. Rehabilitator's plan for transformation--Application and grounds for approval--Procedure upon approval.

58-29B-36. Disposition of actions in which insurer a party pending when rehabilitation order entered.

58-29B-37. Petition for appointment of rehabilitator--Suspension of statute of limitations, laches--Time period for commencement of actions ripe when petition is filed.

58-29B-38. Guaranty associations--Standing to appear in rehabilitation proceedings.

58-29B-39. Rehabilitation futile--Petition for liquidation--Effect--Court to permit directors or insurers to defend.

58-29B-40. Termination of rehabilitation--Procedure--Payment of costs.

58-29B-41. Petition for liquidation--Grounds.

58-29B-42. Order of liquidation--Contents--Title vested in liquidator--Effect of filing or recording.

58-29B-42.1. Plan for continued performance of policy claim obligations during appeal of liquidation order.

58-29B-43. Rights and liabilities fixed upon issuance of order.

58-29B-44. Order to liquidate alien insurer domiciled in state--Effect.

58-29B-45. Declaration of insurer's insolvency--Procedure.

58-29B-46. Order of liquidation--Financial reports required--Annual filing.

58-29B-47. Effect of order upon policies in effect at time of issuance.

58-29B-48. Order to dissolve corporate existence--Procedure.

58-29B-49. Powers of liquidator.

58-29B-50. Enumeration in § 58-29B-49 not exclusive.

58-29B-50.1. Obligations of liquidator subsequent to entry of liquidation order.

58-29B-51. Notice of liquidation--Methods.

58-29B-52. Duties of claimant upon notice of liquidation.

58-29B-53. Duties of insurance producer upon notice of liquidation.

58-29B-54. Failure of insurance producer to comply with § 58-29B-53--Penalty--Liquidator's waiver of duties.

58-29B-55. Appointment of liquidator--Effect upon actions and injunctions pending against insurer or liquidator--Liquidator's right to intervene.

58-29B-56. Time periods in which liquidator may act for or institute action on behalf of insurer.

58-29B-57. Petition for liquidation--Suspension of statute of limitations, laches--Time period for commencement of actions ripe when petition filed.

58-29B-58. Guaranty associations--Standing to appear in liquidation proceedings.

58-29B-59. Liquidator to prepare list of insurer's assets--Filing requirements.

58-29B-60. Reduction of assets to appropriate degree.

58-29B-61. "Fraudulent transfers" defined--Avoidance by receiver--Acceptance or preservation of transfer.

58-29B-61.1. Liability of beneficiary of fraudulent transfer.

58-29B-62. Fraudulent transfers between insurer and reinsurer--Grounds for avoidance by receiver.

58-29B-63. Transfers of insurer's real property after petition filed--Recording of copy of petition as constructive notice.

58-29B-64. Validity of transfers after petitions filed and before receiver takes possession or order granted.

58-29B-65. No impairment of negotiability.

58-29B-66. "Preference" defined.

58-29B-67. Preference--Avoidance by liquidator.

58-29B-68. Preference voidable--Consequences.

58-29B-69. When transfer of property other than real property deemed made or suffered.

58-29B-70. When transfer of real property deemed made or suffered.

58-29B-71. Transfer creating equitable lien--Conditions prohibiting perfection.

58-29B-72. Transfer not perfected prior to filing of petition deemed made before filing of successful petition.

58-29B-73. Sections 58-29B-69 to 58-29B-72 applicable despite certain creditors or potential bona fide purchasers.

58-29B-74. "Lien by legal or equitable proceedings upon simple contract" defined.

58-29B-75. Lien by legal or equitable proceedings--Superiority to rights of transferee.

58-29B-76. Transfer for or on account of new and contemporaneous consideration--Transfer to secure future loan--Effects.

58-29B-77. Voidable lien dissolved--Indemnifying transfer or lien deemed voidable.

58-29B-78. Property affected by voidable lien discharge--That and indemnifying property pass to liquidator--Exception.

58-29B-79. Summary jurisdiction of Hughes county circuit court--Notice--Valuation of certain property or liens--Election of transferee or lienholder.

58-29B-80. Extent of surety discharge under releasing bond or similar obligation.

58-29B-81. Preferred creditor--Setoff for new credit issued in good faith.

58-29B-82. Transfers by insurer to attorney for services within four months of filing petition--Examination by court.

58-29B-83. Conditions creating personal liability to liquidator for amount of preference.

58-29B-84. Claims of creditor who has received or acquired a voidable preference, lien, conveyance, transfer, assignment, or encumbrance.

58-29B-85. Filing of claims under § 58-29B-84.

58-29B-86. Mutual debts or credits between insurer and another set off.

58-29B-87. Setoff or counterclaim not allowed.

58-29B-88. Liquidator's report to court--Time limit--Content.

58-29B-89. Court to levy assessments--Amount.

58-29B-90. Issuance of show cause order upon failure to pay assessment.

58-29B-91. Notice of show cause order.

58-29B-92. Failure to appear and serve objections on or before return day of order--Procedure on timely appearance.

58-29B-93. Enforcement of order or judgment under § 58-29B-92.

58-29B-94. No reductions in amounts recoverable from reinsurers--Exception--Payments.

58-29B-94.1. Association election to succeed to rights and obligations of insolvent insurer under reinsurance contract--Reinsurer's liability to pay claims.

58-29B-95. No liability for unearned premiums or uncollected earned premiums before declaration of insolvency--Recovery of unearned premium representing commission--Credits or setoffs--Obligations of uninsured.

58-29B-96. Course of action upon violation of § 58-29B-95--Director's options.

58-29B-97. Notice and hearings required before impositions of penalties.

58-29B-98. Application for approval of proposal to disburse assets.

58-29B-99. Proposal to disburse assets--Contents.

58-29B-100. Amounts for disbursements to associations.

58-29B-101. Insolvent insurer writing life or health insurance or annuities--Liquidator to include disbursements to guaranty in proposal.

58-29B-102. Notice of application for approval of proposal.

58-29B-103. Filing proof of claims--Exceptions.

58-29B-104. Circumstances under which claimant making late filing may share in distributions.

58-29B-105. Certain late filing claims of guaranty association--Right to share in distributions.

58-29B-106. Treatment of late claims not covered by § 58-29B-104.

58-29B-107. Proof of claim--Contents.

58-29B-108. Failure to provide necessary information--Liquidator may require prescribed forms and additional information.

58-29B-109. Liquidator may request or otherwise obtain additional information or evidence.

58-29B-110. Judgment or order not evidence of liability or quantum of damages.

58-29B-111. Claims of guaranty associations--Form and content.

58-29B-112. Third party's claim contingent on judgment against insured--Consideration.

58-29B-113. Contingent claims allowed.

58-29B-114. Treatment of claims due except for passage of time.

58-29B-115. Claims made under employment contracts by directors or similar personnel--Limit on payment.

58-29B-116. Third party claim against insured of insurer in liquidation filed with liquidator--Insured's filing--Late filing.

58-29B-117. Allowance of insured's claim--Liquidator's recommendations to court--Sums withheld--Procedures upon allowance.

58-29B-118. Several claims founded upon one policy--Disposition--Prohibited claims.

58-29B-119. Liquidator to give written notice of denial of claim--Objections.

58-29B-120. Hearing upon objections--Notice--Referee may conduct.

58-29B-121. Creditor's claim secured by "other person"--Subrogation--Right to distribution.

58-29B-122. Valuation of security held by secured creditor.

58-29B-123. Valuation made under supervision of court--Treatment of deficiency and surrender of security.

58-29B-124. Priority and order of distribution of claims from insurer's estate.

58-29B-125. Review, investigation and negotiation of claims by liquidator--Exception--Report to court.

58-29B-126. Court approval, disapproval, or modification of report.

58-29B-127. Distributions by liquidator under court direction--Manner of payment.

58-29B-128. Disposition of unclaimed funds subject to distribution.

58-29B-129. Disposition of funds not distributed.

58-29B-130. Application for discharge.

58-29B-131. Petition to reopen proceedings for good cause.

58-29B-132. Recommendation and direction for retention or disposal of insurer's records.

58-29B-133. Audits of receivership books.

58-29B-134. Director's application to act as conservator--Grounds.

58-29B-135. Issuance of order allowing director to act as conservator--Filing--Notice imparted.

58-29B-136. Petition to liquidate assets of foreign or alien insurer.

58-29B-137. Termination of conservation of insurer.

58-29B-138. Director's application to liquidate assets of foreign or alien insurer--Grounds.

58-29B-139. Notice of orders sought under § 58-29B-134 or 58-29B-138.

58-29B-140. Order to liquidate in whatever terms court deems appropriate--Filing--Notice imparted.

58-29B-141. Domiciliary receiver, conservator, or liquidator appointed while liquidation proceeding--Duty to act as ancillary receiver.

58-29B-142. Director's application to act as receiver--Grounds.

58-29B-143. Payment of resident's claims against foreign or alien insurer.

58-29B-144. Domiciliary receiver, conservator, or liquidator of insurer domiciled in reciprocal state--Title vested--Date of vesting.

58-29B-145. Domiciliary liquidator for insurer not domiciled in reciprocal state--Title vested--Timing--Petition for conservation or liquidation.

58-29B-146. Resident claimants--With whom and when to file.

58-29B-147. Domiciliary receiver, conservator, or liquidator appointed for alien insurer--Appointment as ancillary receiver.

58-29B-148. Court may appoint ancillary receiver on terms deemed appropriate--Filing--Notice imparted.

58-29B-149. Duties and powers of ancillary receiver when domiciliary receiver, conservator, or liquidator appointed in reciprocal state.

58-29B-150. Duties and powers of ancillary receivers, conservators, or liquidators when domiciliary liquidator appointed in this state.

58-29B-151. Director may institute proceedings under §§ 58-29B-13 to 58-29B-30.

58-29B-152. Liquidation proceeding against insurer domiciled in state--Claimants residing in foreign countries or states not reciprocal--Filing.

58-29B-153. Proof of claims of residents in reciprocal states.

58-29B-154. Proceeding in reciprocal state against domiciled insurer--Filing.

58-29B-155. Proof of claims of South Dakota residents--Elections--Procedure.

58-29B-156. Final allowance by state courts conclusive as to amount and priority.

58-29B-157. Attachment, garnishment, levy of execution prohibited during receivership, conservatorship, or liquidation proceedings.

58-29B-158. Domiciliary state's order of distribution controls claims of residents of this and reciprocal states.

58-29B-159. Owners of special deposit claims--Priority--Deficiencies in deposit.

58-29B-160. Owner of secured claim--Elections.

58-29B-161. Ancillary receiver's failure to transfer certain assets.

58-29C-1. 58-29C-1 to 58-29C-43. Repealed by SL 2003, ch 252, § 20

58-29C-44. Short title.

58-29C-45. Purpose of chapter--Creation of association.

58-29C-46. Persons provided with coverage--Policies and portions of policies not covered.

58-29C-47. Construction of chapter.

58-29C-48. Definitions.

58-29C-49. Continuation of association--Membership--Function and organization--Accounts--Supervision--Meetings.

58-29C-50. Board of directors--Appointment and term--Vacancies--Compensation.

58-29C-51. Impaired or insolvent member--Actions authorized.

58-29C-52. Funding provided by assessment of members--Classification of assessments--Amounts of assessments--Abatements--Refunds.

58-29C-53. Plan of operation--Effective date--Requirements--Delegation of powers.

58-29C-54. Duties and powers of director.

58-29C-55. Detection and prevention of insurer insolvencies or impairments--Reports by board.

58-29C-56. Member assessment as offset against premium tax liability.

58-29C-57. Liability for unpaid assessment--Records of meetings--Association as creditor of impaired or insolvent insurer--Liquidation, rehabilitation, or conservation proceedings.

58-29C-58. Association subject to regulation by director--Financial report.

58-29C-59. Association's tax exemption status.

58-29C-60. No liability for performance of powers and duties of association or its members.

58-29C-61. Stay of proceedings against insolvent insurer--Default judgment set aside.

58-29C-62. Use of existence of association for sales, solicitation, or inducement to purchase insurance prohibited--Summary document of purposes and limitations of chapter--Disclaimer.

58-29D-1. Definition of terms.

58-29D-2. Administrator defined--Exceptions.

58-29D-3. Insurer defined.

58-29D-4. Written agreement between administrator and insurer.

58-29D-5. Provisions of written agreement.

58-29D-6. Termination of written agreement--Suspension of underwriting authority--Dispute.

58-29D-7. Status of payment of premiums and return premiums or claim payments to administrator.

58-29D-8. Recordkeeping by administrator.

58-29D-9. Director's access to administrator's records--Confidentiality.

58-29D-10. Insurer's ownership of administrator's records.

58-29D-11. Transfer of records to new administrator.

58-29D-12. Advertising--Approval of insurer.

58-29D-13. Insurer responsibility for procedures and administration of its programs--Review and audit of administrator.

58-29D-14. Fiduciary capacity of administrator--Accounting of underwriting transactions.

58-29D-15. Records of deposits and withdrawals from fiduciary account.

58-29D-16. Provisions in written agreement as to withdrawals from fiduciary account.

58-29D-17. Repealed by SL 2012, ch 252, § 37.

58-29D-18. Compensation of administrator.

58-29D-19. Notice of use of administrator to policyholder--Itemized charges--Disclosure of fees or commissions.

58-29D-20. Delivery of written communications from insurer.

58-29D-20.1. Annual report to employer of self-funded health benefit plan claims experience.

58-29D-21. Administrator's license or registration required.

58-29D-22. Application by administrator--Contents--Fee.

58-29D-22.1. Annual financial statement--Contents of application--Required audit.

58-29D-23. Inspection of applicant's contracts.

58-29D-24. Denial of license.

58-29D-25. Validity of license.

58-29D-26. Conditions not requiring license.

58-29D-27. Servicer of certain employee benefit plans--Exempt from licensure--Requirements.

58-29D-28. Notice of administrator's change in circumstance.

58-29D-29. Waiver of application requirements.

58-29D-30. Annual renewal of administrator--Fee--Lapse of license or registration.

58-29D-31. Grounds for denial, suspension, or revocation of license or registration.

58-29D-32. Immediate suspension of license--No notice required.

58-29D-32.1. Notice of denial of application or renewal--Request for hearing--Hearing on suspension or revocation--Notice.

58-29D-33. Money penalty in lieu of suspension or revocation.

58-29D-34. Promulgation of rules.

58-29E-1. Definitions.

58-29E-2. Licensure requirement--Pharmacy benefit manager.

58-29E-3. Performance of duties--Good faith.

58-29E-4. Request for disclosure of rebates and other revenues.

58-29E-5. Permission to contact covered individual.

58-29E-6. Disclosure of rebates and other revenues--Confidentiality.

58-29E-7. Annual audit of pharmacy benefit manager authorized.

58-29E-7.1. Prohibition on publication or disclosure of information.

58-29E-8. Substitute drug--Dispensation.

58-29E-8.1. Provision of information to a patient.

58-29E-9. Rules--Content.

58-29E-10. Enforcement of chapter--Civil action.

58-29E-11. Repealed.

58-29E-12. Charging cost share that exceeds amount retained by pharmacy--Prohibition.

58-29E-13. Certain claims adjustments prohibited.

58-29E-14. Adjustment of claim due to error in adjudication permitted.

58-29E-15. Discrimination prohibited--340B entity--Exclusions.

58-29E-15.1. Discrimination prohibited--Treble damages.

58-29E-16. Prohibition regarding the assessment or collection of fees.

58-29E-17. Placement on a maximum allowable cost list--Requirements--Promulgation of rules.

58-29E-18. Duties--Pharmacy benefit manager.

58-29E-19. Reimbursement.

58-29E-20. Information to be disclosed--Division request.

58-29E-21. Licensure--Denial--Failure to provide information.

58-29F-1. Pharmacy audit integrity program established.

58-29F-2. Definitions.

58-29F-3. Time for disclosing proposed change in pharmacy audit terms.

58-29F-4. Requirements for conducting pharmacy audit.

58-29F-5. Audit terms.

58-29F-6. Recoupment or chargeback criteria.

58-29F-7. Validation of pharmacy record and delivery.

58-29F-8. Preliminary and final audit reports.

58-29F-9. Appeals process.

58-29F-10. Plan sponsor.

58-29F-11. Chapter not applicable to investigative audits.

58-29F-12. Civil action by pharmacy.

58-29G-1. Definitions.

58-29G-2. General protections--Exclusions.

58-29G-3. Requiring claim or utilization data restricted--Exclusion.

58-29G-4. Civil action--Damages--Attorney’s fees.