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South Dakota Codified Laws
Title 58
Chapter 58-33
S.D. Codified Laws ch. 58-33
Unfair Trade Practices
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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.