South Dakota

58-33-1. Purposes of chapter.

58-33-2. Unfair method or deceptive act as misdemeanor.

58-33-3. Acts constituting unfair methods of competition and unfair or deceptive practices.

58-33-4. Use of misleading name as misdemeanor.

58-33-5. Misrepresentation or false advertising of policies as misdemeanor.

58-33-5.1. Rules to promote proper disclosure of terms and conditions of life insurance policies.

58-33-6. False information or advertising as misdemeanor.

58-33-7. Defamation as misdemeanor.

58-33-8. Twisting as misdemeanor.

58-33-9. False entry with intent to deceive--Omission of true entry--Misdemeanor.

58-33-10. False financial statement as misdemeanor.

58-33-11. Stock operations and advisory board contracts as inducement--Misdemeanor.

58-33-12. Unfair discrimination as misdemeanor--Life insurance and annuities.

58-33-12.1. Blindness as basis for life insurance termination, modification or refusal--Unfair practice.

58-33-13. Unfair discrimination as misdemeanor--Health insurance.

58-33-13.1. Sex or marital status discrimination prohibited--Exceptions.

58-33-13.2. Definition of sex or marital status discrimination terms.

58-33-13.3. Domestic violence victim discrimination prohibited.

58-33-14. Rebate as misdemeanor--Life, disability and annuity contracts.

58-33-15. Insurance not to be used to induce purchases of commodities or services--Misdemeanor.

58-33-16. Credit life insurance permitted as inducement for purchases.

58-33-17. Bonus to policyholder from accumulated surplus on life or annuity policy not discrimination or rebate.

58-33-18. Allowance to industrial policyholder for making payments to office of insurer permitted.

58-33-19. Readjustment of premium rate permitted for group policy based on loss or expense experience.

58-33-20. Reduction of premium rate permitted for large policies.

58-33-21. Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan.

58-33-22. Increase in health insurance benefits by maintaining policy in force permitted.

58-33-23. Life insurance benefits paid to beneficiary--Payment to tradesman or businessman as misdemeanor--Use of life insurance to pay costs of funeral--Fraternal benefit societies.

58-33-24. Rebate, discount, or special advantage as misdemeanor--Exception.

58-33-25. Acceptance by insured of rebate, discount or special advantage as misdemeanor.

58-33-26. Unfair discrimination as to terms and conditions of insurance as misdemeanor.

58-33-27. Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted.

58-33-28. 58-33-28, 58-33-29. Repealed by SL 1979, ch 341, §§ 9, 10

58-33-30. Provisions not applicable to life or health insurance or annuities.

58-33-31. Favored insurance producer or insurer as misdemeanor.

58-33-32. Boycott, coercion, or intimidation as misdemeanor.

58-33-33. Interlocking ownership or management permitted.

58-33-34. Directorship in two or more insurers permitted.

58-33-35. Collection of premium for insurance not provided as misdemeanor.

58-33-36. Illegal dealing in premiums and improper charges as misdemeanors.

58-33-37. False application as misdemeanor--False claim or proof of loss as misdemeanor or felony.

58-33-37.1. Aggregation of false claims or applications committed pursuant to one course of conduct.

58-33-38. Undefined unfair or deceptive practice--Findings by director.

58-33-39. Action to restrain violation found by director--Record of hearing received in evidence.

58-33-40. Cease and desist order of director.

58-33-41. Appeal from director's order.

58-33-42. Finality of cease and desist order--Appeal by intervener.

58-33-43. Affirmance of order of director--Order of court for obedience.

58-33-44. Liabilities and penalties not relieved by director's or court order.

58-33-45. Violation of desist order as misdemeanor.

58-33-46. Imposition of penalty not prevented by cease and desist order.

58-33-46.1. Civil action for damages resulting from unfair or prohibited act--Attorneys' fees.

58-33-47. Process against unauthorized insurers for false advertising--Purpose of provisions.

58-33-48. Definition of terms.

58-33-49. Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state.

58-33-50. Action by director on failure of insurer to cease false advertising after notice.

58-33-51. Acts constituting appointment of director as process agent.

58-33-52. Service of process on director, copies delivered--Mailing of copy to defendant.

58-33-53. Service of process on agent of insurer.

58-33-54. Additional method of service of process and notice.

58-33-55. Waiting period before entry of default order or judgment.

58-33-56. Liberal construction of process provisions.

58-33-57. Severability of provisions.

58-33-58. Citation of provisions for process against unauthorized insurers for false advertising.

58-33-59. Cancellation of insurance--Definitions.

58-33-60. Notice of cancellation required--Time--Contents.

58-33-61. Grounds for cancellation.

58-33-62. Complaint of violation to division--Determination of reasonableness--Hearing.

58-33-63. Reinstatement and money penalty for violation.

58-33-64. Immunity from liability for statements concerning cancellation.

58-33-65. Automobile policies exempt.

58-33-65.1. Private remedy or right of action prohibited.

58-33-66. Unfair or deceptive insurance practices.

58-33-67. Unfair or deceptive practices in dealing with insured.

58-33-68. Factors considered in determining action taken against violator--Failure to remedy situation--Administrative action.

58-33-69. No private right of action.

58-33-70. Definitions--Aftermarket crash parts.

58-33-71. Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document.

58-33-72. 58-33-72, 58-33-73. Repealed by SL 2014, ch 242, §§ 1, 2.

58-33-74. Gifts for advertising or promotional programs.

58-33-75. Definitions.

58-33-76. Notification of suspected fraud.

58-33-77. Accessibility of information relevant to suspected fraud--Types of information.

58-33-78. Time limit on information to and from authorized agency.

58-33-79. Liability of supplier of information.

58-33-80. Liability of those who supply information or testify as to fraud.

58-33-81. Notification to policyholder of request for information.

58-33-82. Confidentiality of information regarding suspected fraud--Testimony by authorized agency personnel.

58-33-83. Refund of unearned life and health insurance premiums on canceled policy--Exceptions.

58-33-84. Refund of unearned life and health insurance premiums on canceled policy due to death of insured--Exceptions.

58-33-85. Health insurers prohibited from denying enrollment of dependent child on certain grounds.

58-33-86. Prohibitions against a health insurer from using information pertaining to medical assistance eligibility.

58-33-87. Payments of health insurance benefits for medical assistance recipients.

58-33-88. Health insurance for dependent child through noncustodial parent's insurer.

58-33-89. Reporting regulatory activities and complaint handling.

58-33-90. Sale of securities by unregistered insurance producer prohibited.

58-33-91. Sale of unregistered securities by insurance producer prohibited.

58-33-92. Sale of unregistered business opportunity by insurance producer prohibited.

58-33-93. Definitions relating to multiple employer welfare arrangements.

58-33-94. Acts constituting transaction of insurance business in or from state.

58-33-95. Transacting of insurance defined.

58-33-96. Unauthorized health insurance defined.

58-33-97. Exclusions from unauthorized health insurance.

58-33-98. Notification of division required concerning unauthorized health insurance product--Review of division website--Stop loss insurers.

58-33-99. Circumstances in which licensee should know product is unauthorized health insurance.

58-33-100. Confidentiality of notifications--Use of information in legal and regulatory actions.

58-33-101. Disclosure of information to agencies of other states or federal government--Conditions--Immunity from civil liability.

58-33-102. Due diligence investigation required of insurance producer before offering health benefit plan.

58-33-103. Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan.

58-33-104. Due diligence investigation required of third party administrator before entering into any administrative contract for health benefit plan.

58-33-105. Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan.

58-33-106. Requirements for engaging in transacting of insurance by issuing stop loss policy.

58-33-107. Written disclosures required before issuing contract for stop loss policy.

58-33-108. Due diligence investigation required of preferred provider organization before contracting with offeror or provider of health benefit plan.

58-33-109. Defenses available to person who acts according to written advice of MEWA contact.

58-33-110. Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.

58-33-111. Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance.

58-33-112. Documented supervision procedures and controls.

58-33-113. Continuing education--Summary of supervision procedures and controls.

58-33-114. Suspension or revocation of registration of preferred provider organization for violation--Other action to assure future compliance.

58-33-115. Inapplicability to joint powers agreements.

58-33-116. Inapplicability to arrangements not issued to person in state or solicited in state.

58-33-117. Definitions.

58-33-118. Solicitation or sale of life insurance or annuity to active duty service member.

58-33-119. Certain solicitations and sales excluded.

58-33-120. Education of members of armed forces in accordance with Department of Defense instruction permitted.

58-33-121. Certain advertisements and marketing exempt--Face-to-face meetings not exempt.

58-33-122. Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair.

58-33-123. Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair.

58-33-124. Additional practices using personnel, services, or programs of the armed forces or depository institutions considered false, misleading, deceptive, or unfair.

58-33-125. Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair.

58-33-126. Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair.

58-33-127. Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair.

58-33-128. Certain disclosure practices considered false, misleading, deceptive, or unfair.

58-33-129. Certain additional life insurance sales practices considered false, misleading, deceptive, or unfair.

58-33-130. Promulgation of rules.

58-33-131. Employer insurance assistance program defined.

58-33-132. Construction with statutes regarding rebates, discounts, and special advantages.

58-33-133. Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited.

58-33-134. Promulgation of rules for employer insurance assistance programs.

58-33-135. Unfair or deceptive practices by pharmacy benefits manager.

58-33-136. Value-added products or services not discriminatory--Description.

58-33-137. Value-added product or service--Permitted as pilot or testing program--Notice to division.

58-33-138. Value-added product or service--Permitted raffles or drawings described.

58-33-139. Inducement and certain language in advertising prohibited.

58-33-140. Value-added product or service--Promulgation of rules.

58-33A-1. Applicability of chapter.

58-33A-2. Purpose of chapter.

58-33A-3. "Advertisement" defined.

58-33A-4. Certain material and communication not deemed to be advertisement.

58-33A-5. Outline of coverage to accompany all health insurance policies or subscriber contracts--Acknowledgment of receipt or certificate of delivery.

58-33A-6. Format and content of outline of coverage--"Format" defined--Outline of coverage requirements.

58-33A-7. Director authorized to promulgate rules--Scope of rules.

58-33A-8. Required disclosures to be clear and conspicuous.

58-33A-8.1. Disclosure of usual, customary, and reasonable limitation provision required.

58-33A-9. Buyer's guide and policy summary to be provided to all prospective life insurance purchasers--Illustration in lieu of policy summary--Director authorized to promulgate rules.

58-33A-10. Advertisements not to be deceptive or misleading--Standard to be used in determination.

58-33A-11. Insurer to maintain file of advertisements--Division may inspect files--Period for which files must be maintained.

58-33A-12. Director's prior approval may be required--Other remedies not precluded.

58-33A-13. Definitions.

58-33A-14. Recommendations to purchase or exchange annuities subject to requirements.

58-33A-15. Exemptions from requirements.

58-33A-16. Annuity--Best interest standard--Material control or influence.

58-33A-16.1. Annuity--Recommendation--Producer responsibilities.

58-33A-16.2. Recommendation--Producer responsibilities--Applicability and intent.

58-33A-16.3. Considerations for annuity replacement or exchange.

58-33A-16.4. Recommendation--Sale of annuity--Informed consumer.

58-33A-16.5. Recommendation--Sale of annuity--Disclosure to consumer.

58-33A-16.6. Additional disclosure upon request.

58-33A-16.7. Disclosure of producer conflicts of interest required--Certain factors excluded.

58-33A-17. Repealed.

58-33A-17.1. Repealed.

58-33A-18. Conditions resulting in no obligation to consumer.

58-33A-19. Reasonableness under circumstances known to insurer.

58-33A-19.1. Repealed.

58-33A-19.2. Producer obligations--Documentation--Time of recommendation or sale.

58-33A-19.3. Issuance by insurer to be reasonable and address consumer needs.

58-33A-20. Insurer's system for supervising recommendations.

58-33A-20.1. Contract for performance of supervision system functions--Responsibility for corrective action--Supervision of performance.

58-33A-20.2. Prohibited conduct by insurance producer.

58-33A-21. Repealed by SL 2012, ch 250, §§ 15 to 18.

58-33A-25. Compliance with comparable standards by financial professional.

58-33A-25.1. Insurance producer to have adequate knowledge of annuity product--Required training.

58-33A-25.2. Annuity training course providers--Training requirements of other states.

58-33A-25.3. Insurer to verify producer has completed annuity training course.

58-33A-25.4. Authorized insurance business--Other licenses.

58-33A-25.5. Definition of terms--Compliance with Conduct Rules.

58-33A-26. Corrective action for violations.

58-33A-27. Records regarding recommendations.

58-33A-28. Multi-state plan sale or solicitation of health insurance outside of exchange prohibited.