58-1-2. Definition of terms.
Terms used in this title mean:
(1)"Alien insurer," one formed under the laws of any country or jurisdiction other than the United States of America, its states, districts, territories, and commonwealths;
(2)"Authorized insurer," one authorized, by a subsisting certificate of authority issued by the director, to engage in the insurance business in this state;
(3)"Certificate of authority," permission granted to an insurer to issue policies or make contracts of insurance in this state;
(4)"Director," the director of the Division of Insurance;
(5)"Division," the Division of Insurance of the Department of Labor and Regulation;
(6)"Domestic insurer," one formed under the laws of this state;
(7)"Foreign insurer," one formed under the laws of any jurisdiction other than this state; except where distinguished by context, foreign insurer includes an alien insurer;
(8)"Insurance," a contract whereby one undertakes to indemnify another or to pay or provide a specified or determinable amount or benefit upon determinable contingencies;
(9)"Insurance business," includes the transaction of all matters pertaining to a contract of insurance, both before and after the effectuation of that contract, and all matters arising out of that contract or any claim thereunder;
(10)"Insurer," every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance;
(11)"License," permission granted to an agent or broker to engage in those activities permitted by such persons under this title;
(12)Repealed by SL 2001, ch 263, §1.
(13)"Mechanical breakdown insurance," any contract or agreement, issued by an authorized insurer, to perform or indemnify for a specific duration the repair, replacement, or maintenance of property for operational or structural failure due to a defect in materials, workmanship, or normal wear and tear;
(14)"Person," an individual, insurer, company, association, organization, Lloyds, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation, and any other legal entity;
(15)"Principal office" or "principal place of business," the office or regional home office from which the business affairs of the insurer are directed and managed;
(16)"Producer," any person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. The terms also means an insurance agent;
(17)"State," when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada; and
(18)"Unauthorized insurer," one which does not hold a subsisting certificate of authority issued by the director to engage in the insurance business in this state.
(19)"Vehicle theft protection product," a device or system installed on or applied to a motor vehicle that is designed to prevent loss or damage to a motor vehicle from theft.
Source: SL 1966, ch 111, ch 1, §2; SL 1982, ch 350; SL 1988, ch 387, §1; SL 2000, ch 233, §2; SL 2001, ch 263, §§1, 2, ch 286, §56; SL 2003, ch 272 (Ex. Ord. 03-1), §27; SL 2004, ch 295, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2022, ch 180, §1.
Structure South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
Section 58-1-1 - Citation of title.
Section 58-1-2 - Definition of terms.
Section 58-1-3 - Exemption from title of certain entities and transactions.
Section 58-1-3.1 - Application to business including medical, surgical, or hospital care benefits.
Section 58-1-3.2 - Direct response and mass marketing as insurance transaction.
Section 58-1-3.3 - Health care sharing ministries exempt from title.
Section 58-1-3.4 - Health benefit plan--Agricultural organization--Exemption.
Section 58-1-4 - Particular provisions prevail.
Section 58-1-5 - Compliance required.
Section 58-1-7 - Local licenses and taxes prohibited.
Section 58-1-10 - Existing licenses--Renewal, suspension, revocation or termination.
Section 58-1-11 - General saving clause.
Section 58-1-13 - Severability of provisions.
Section 58-1-14.1 - Notice of refusal to renew--Thirty-day delivery requirement--Exception.
Section 58-1-16.1 - Applicability of § 58-1-16.
Section 58-1-17 - Disclosure statement for issuance of charitable gift annuity.
Section 58-1-20 - Prescription drug information card to be issued upon enrollment--Reissuance.
Section 58-1-21 - "Health benefit plan" defined for purposes of §§58-1-19 to 58-1-23.
Section 58-1-22 - Applicability of §§58-1-19 to 58-1-23.
Section 58-1-23 - Director to enforce provisions--Promulgation of rules.
Section 58-1-24 - Definitions related to genetic testing.
Section 58-1-25 - Use of genetic tests in offer, sale, or renewal of insurance prohibited.
Section 58-1-26 - Retention of records.
Section 58-1-27 - Definitions regarding transmission of electronic documents.
Section 58-1-28 - Transmission and storage of electronic documents permitted.
Section 58-1-29 - Delivery by electronic transmission equivalent to other delivery methods.
Section 58-1-30 - Conditions for transmission of electronic documents.
Section 58-1-31 - Content and timing requirements unaffected.
Section 58-1-32 - Verification or acknowledgment of receipt.
Section 58-1-33 - Effect of failure to obtain electronic consent or confirmation.
Section 58-1-34 - Withdrawal of consent.
Section 58-1-35 - Documents delivered electronically before July 1, 2014.
Section 58-1-36 - Notice to parties consenting to electronic transmission before July 1, 2014.
Section 58-1-37 - Oral communications and recordings--Electronic signatures.
Section 58-1-39 - Products and documents to which §§58-1-27 to 58-1-39 apply.
Section 58-1-40 - English version of policy controls--Transactions in another language permitted.
Section 58-1-41 - Policies and advertising in language other than English permitted.
Section 58-1-43 - Policy statement that dispute resolved by English version.