58-1-38. Conditions for posting property and casualty policy or endorsement on insurer's website.
Notwithstanding any other provision of §§58-1-27 to 58-1-39, inclusive, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's website. If the insurer elects to post an insurance policy or endorsement on the insurer's website in lieu of mailing or delivering the document to the insured, the insurer must comply with the following conditions:
(1)The policy and endorsement must be accessible as long as the policy or endorsement is in force;
(2)After the policy expires, the insurer must maintain and archive the policy and endorsement for five years after the expiration of the policy and shall make the documents available to the party on request;
(3)The insurer must post the policy and endorsement in a manner that allows the insured to print and save the policy and endorsement using a program or application that is widely available on the internet and free to use;
(4)The insurer provides the following information in, or simultaneous with each declarations page provided at the time of issuance of the initial policy and any renewals of that policy;
(a)A description of the exact policy and endorsement form purchased by the insured;
(b)A method by which the insured may obtain, upon request and without charge, a paper copy of the policy; and
(c)The internet address where the insured's policy and endorsement is posted; and
(5)The insurer provides notice, in the format preferred by the insured, of any changes to the form or endorsement, the insured's right to obtain, upon request and without charge, a paper copy of a form, and the internet address where the form and endorsement is posted.
Source: SL 2014, ch 230, §12.
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.