The provisions of §§ 20:06:21:105 to 20:06:21:107, inclusive, do not apply if the insurer has a reasonable basis supported by specific information that such claim was fraudulently submitted.

Any violation of §§ 20:06:21:105 to 20:06:21:107, inclusive, by an insurer if committed flagrantly and in conscious disregard of provisions of §§ 20:06:21:87 to 20:06:21:107, inclusive, or with such frequency as to constitute a general business practice shall be considered a violation of SDCL 58-6-47(3).

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Source: 36 SDR 209, effective July 1, 2010.

General Authority: SDCL 58-17B-4 .

Law Implemented: SDCL 58-17B-4 .