South Dakota Codified Laws
Chapter 11 - Form And Contents Of Insurance Policies
Section 58-11-38 - Policy, rider, or endorsement containing condition, omission or provision not in compliance with requirements--Validity--Construction.

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.