South Dakota Codified Laws
Chapter 11 - Form And Contents Of Insurance Policies
Section 58-11-12 - Policy forms--Filing with and approval by director--Group policy certificates filed for informational purposes.

58-11-12. Policy forms--Filing with and approval by director--Group policy certificates filed for informational purposes.
No basic insurance policy or annuity contract form, or group certificate form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be delivered or issued for delivery in this state, unless the form has been filed with and approved by the director, except that certificates delivered, but not solicited in this state, pursuant to a group policy issued or delivered outside the State of South Dakota shall be filed with the director for informational purposes. A form filed with the director for informational purposes does not exempt that group policy or certificate from complying with any other applicable provisions of Title 58 or state law.

Source: SL 1966, ch 111, ch 22, §13 (1); SL 1975, ch 308; SL 1996, ch 291.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 11 - Form And Contents Of Insurance Policies

Section 58-11-1 - Premium defined.

Section 58-11-2 - Contents of policy.

Section 58-11-3 - Statement of basis and rates for determination of premium included in policy.

Section 58-11-4 - Contents of policy--Exemption of surety contracts or group insurance policies.

Section 58-11-5 - Standard or uniform provisions of insurance contracts--Waiver of required use by director.

Section 58-11-6 - Policy not to contain provisions inconsistent with standard or uniform provisions--Substitute provision, approval by director.

Section 58-11-7 - Substitute provisions required by law of domicile of foreign or alien insurer, approval by director.

Section 58-11-8 - Assessable policies--Special contents.

Section 58-11-9 - Motor vehicle insurance--Uninsured motorist and hit-and-run coverage--Amount of coverage--Uninsured motorist coverage not required for government owned vehicles.

Section 58-11-9.1 - Motor vehicle insured by insolvent liability insurer defined as uninsured--Rights of insurer making payment under uninsured motorist coverage.

Section 58-11-9.2 - Notice required when automobile policy does not include liability insurance.

Section 58-11-9.3 - Exclusion of named person or reduction of coverage in motor vehicle policy--Minimum liability coverage.

Section 58-11-9.4 - Underinsured motorist coverage to be available with liability policies--Limitation of coverage--Exception.

Section 58-11-9.5 - Payment to insured for portion of judgment not collected from underinsured motorist--Coverage limits.

Section 58-11-9.6 - Subrogation of insurer--Assignment of judgment--Liability issuer allowed to pay limits under policy.

Section 58-11-9.7 - Adding of insured's uninsured and underinsured motorist coverage limits prohibited--Exception.

Section 58-11-9.8 - Adding of uninsured motorist coverage limits for multiple vehicles prohibited.

Section 58-11-9.9 - Adding of underinsured motorist coverage limits for multiple vehicles prohibited.

Section 58-11-9.10 - Increase in automobile insurance premiums due to drug-related offenses prohibited.

Section 58-11-9.11 - Increase in automobile insurance premiums due to certain alcohol-related offenses by a minor prohibited.

Section 58-11-10 - Additional policy provisions--Approval of director.

Section 58-11-11 - Charter and bylaws, inclusion as part of contract of insurance--Subscriber's agreement or power of attorney of a reciprocal insurer as part of contract.

Section 58-11-12 - Policy forms--Filing with and approval by director--Group policy certificates filed for informational purposes.

Section 58-11-13 - Policies exempt from form provisions.

Section 58-11-14 - Continuation of use of prior filings until otherwise prescribed.

Section 58-11-15 - Order of director exempting insurance documents from requirements as to form.

Section 58-11-16 - Property, marine and transportation, casualty and surety insurance coverages--Filing of forms by rating organizations.

Section 58-11-17 - Time for filing of forms--Approval or disapproval by director.

Section 58-11-18 - Extension of time for approval or disapproval of filing by director--Notice to insurer--Approval at expiration of extended period.

Section 58-11-19 - Withdrawal of approval of form by director--Notice.

Section 58-11-20 - Order of director disapproving form or withdrawing previous approval--Detailed statement of grounds.

Section 58-11-21 - Grounds for disapproval of form or withdrawal of previous approval.

Section 58-11-22 - Identification of contracts issued and forms filed with director--Change in form.

Section 58-11-23 - Execution of policy by authorized representative of insurer.

Section 58-11-24 - Facsimile signature used on policy.

Section 58-11-25 - Unauthorized facsimile signature does not invalidate policy--Estoppel by issuance of surety bond with facsimile signature.

Section 58-11-26 - Underwriters' policy--Joint and several liability--True name of insurer.

Section 58-11-27 - Combination policy--Contents.

Section 58-11-28 - Underwriters' and combination policies provisions do not apply to cosurety obligations.

Section 58-11-29 - Binders or other contracts for temporary insurance--Terms--Fraudulent statement as misdemeanor.

Section 58-11-30 - Duration of binder.

Section 58-11-31 - Extension or renewal of binder--Approval of director.

Section 58-11-32 - Binder provisions do not apply to life or health insurance.

Section 58-11-33 - Delivery of policy--Payment of premium--Insured not meeting condition required by insurer.

Section 58-11-34 - Insurance of motor vehicle sales contracts, copy of policy delivered to vendee, mortgagor, or pledgor, contents--Inapplicable to inland marine floater policies.

Section 58-11-35 - Renewal or extension of policy at option of insurer.

Section 58-11-36 - Assignment of policies.

Section 58-11-37 - Policy not complying with statutory form--Validity--Construction.

Section 58-11-38 - Policy, rider, or endorsement containing condition, omission or provision not in compliance with requirements--Validity--Construction.

Section 58-11-39 - Construction of insurance contract--Terms and conditions--Modification by rider, endorsement, or application made part of policy.

Section 58-11-40 - Application for life or health insurance as evidence--Annuity contract--Copy made a part of policy--Inapplicable to industrial life policy.

Section 58-11-41 - Application for reinstatement or renewal of life or health insurance--Copy requested by insured--Effect of noncompliance by insurer.

Section 58-11-42 - Alteration of application for life or health insurance--Written consent of applicant--Insertions by insurer.

Section 58-11-43 - Application for insurance other than life or health--Use as evidence--Failure to furnish copy to insured.

Section 58-11-44 - Application for insurance or annuity--Statements by insured deemed representations--Omissions, concealment, and incorrect statements preventing recovery.

Section 58-11-44.1 - Unanswered questions no basis for denial of recovery unless insurer demanded answers.

Section 58-11-44.2 - Requests for information and actions based on applicant's failure to meet insurer's underwriting requirements permissible.

Section 58-11-45 - Cancellation and nonrenewal of automobile policy or coverage--Definition of terms.

Section 58-11-45.1 - Reporting agencies and persons listed with director.

Section 58-11-45.2 - Applicant for liability insurance not to be prejudiced by false reports.

Section 58-11-45.3 - Informant to be identified if insurance refused--Violation as misdemeanor.

Section 58-11-46 - Notice of cancellation of automobile policy--Reasons for cancellation.

Section 58-11-47 - Reasons for cancellation not applicable to automobile policy in effect less than sixty days--Application of notice provisions to policies.

Section 58-11-48 - Modification of automobile physical damage coverage not deemed cancellation.

Section 58-11-49 - Time for mailing or delivery of notice of cancellation of automobile policy--Provision for statement of reason for cancellation.

Section 58-11-50 - Request of insured for reason for cancellation.

Section 58-11-51 - Notice of nonrenewal of automobile policy--Time for notice--Exceptions to requirement for notice--Renewal not waiver of grounds for cancellation.

Section 58-11-52 - Proof of notice of cancellation or nonrenewal of automobile policy or coverage.

Section 58-11-53 - Notice of eligibility for assigned risk plan on cancellation or nonrenewal of automobile liability insurance.

Section 58-11-54 - Director or insurer not liable for statements as to reasons for cancellation or refusal of automobile coverage.

Section 58-11-55 - Discrimination in issuance or renewal of automobile insurance policy as misdemeanor--Exceptions.

Section 58-11-55.1 - Use of age or occupation in determining issuance or renewal of policies.

Section 58-11-55.2 - Applicability of § 58-11-55.

Section 58-11-55.3 - Promulgation of rules to prevent unfair discrimination.

Section 58-11-57 - Assigned risk plan for automobile liability insurance.

Section 58-11-62 - Notice of intent to cease marketing block of business--What constitutes cessation of marketing block of business.

Section 58-11-63 - Regulation of form and content of policies, policy forms, standards, and procedures for filings, cancellation, and nonrenewal of policies.

Section 58-11-64 - Definition of terms.

Section 58-11-65 - Carriers subject to filing requirements.

Section 58-11-66 - Filing and director approval required.

Section 58-11-67 - Filing requirements--Availability on internet.

Section 58-11-68 - Filer to indicate location of each requirement on policy form filing.

Section 58-11-69 - Approval or disapproval of filing--Review period.

Section 58-11-70 - Correction of deficiencies.

Section 58-11-71 - Review of resubmitted filing--Review period.

Section 58-11-72 - Resubmitted form not to be disapproved for reasons other than in initial disapproval--Exceptions.

Section 58-11-73 - Grossly inadequate filings.

Section 58-11-74 - Limitations on director's authority.

Section 58-11-75 - Application to existing approved policy forms.

Section 58-11-76 - Construction with other time periods.

Section 58-11-77 - Appeal of disapproval of rate or policy form filing.