An accidental death and dismemberment policy that is issued as a supplemental benefit with a life insurance policy may exclude, in addition to those excluded in SDCL 58-15-45, death or loss as follows:

1. (1) Death caused directly or indirectly by disease or infirmity of body, or medical or surgical treatment for such disease or infirmity;
2. (2) An infection not occurring as a direct result or consequence of the accidental bodily injury;
3. (3) Caused by any device used for testing or experimental purposes by or for any military authority or used for travel beyond the earth's atmosphere;
4. (4) Caused directly or indirectly by active participation in a riot, insurrection, or terrorist activity. An exclusion for riot or insurrection is limited to instigators and does not include civil commotion, disorder, injury as an innocent bystander, or injury for self defense;
5. (5) Occurring while the proposed insured is incarcerated if the incarceration is during a period of legal incarceration in a penal or correctional institution of more than seven days or during a period of legal detainment of more than seven days;
6. (6) Caused directly or indirectly by committing a felony;
7. (7) Caused directly or indirectly by riding or driving on land, air, or water if participating in a speed or endurance contest;
8. (8) Caused directly or indirectly by bungee jumping or rock or mountain climbing; or
9. (9) Occurring before the insured reaches the age of one.

Source: 33 SDR 107, effective December 26, 2006.

General Authority: SDCL 58-15-45.

Law Implemented: SDCL 58-15-45 , 58-15-52.