South Dakota Codified Laws
Chapter 17A - Medicare Supplement Policies
Section 58-17A-15 - Sale of second policy prohibited except as replacement--Liability of issuer.

58-17A-15. Sale of second policy prohibited except as replacement--Liability of issuer.
No issuer or insurance producer may sell a medicare supplement policy to a person who has an existing, in force medicare supplement policy unless the issuer or insurance producer is replacing the existing coverage. However, no issuer is liable beyond a refund of premium for the duplication of such medicare supplement coverage when a statement, signed by the insured, is obtained from the insured verifying that no other medicare supplement coverage is then in effect.

Source: SL 1989, ch 432, §3; SL 1992, ch 347, §15; SL 2001, ch 286, §121.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 17A - Medicare Supplement Policies

Section 58-17A-1 - Definition of terms.

Section 58-17A-2 - Regulations to establish specific standards for policy provisions.

Section 58-17A-3 - Preexisting conditions--Policy provisions.

Section 58-17A-3.1 - Preexisting conditions provision prohibited in replacement policy--Exception.

Section 58-17A-4 - Reasonable benefits required--Regulations to establish minimum standard from loss ratios--Policies issued through mail or mass media advertising.

Section 58-17A-5 - Outline of coverage delivered at time of application for insurance.

Section 58-17A-6 - Informational brochures.

Section 58-17A-7 - Health insurance policies--Requirements for information regarding medicare coverage.

Section 58-17A-8 - Notice of right to return and right to premium refund printed in medicare supplement policies and certificates--Payment of refund.

Section 58-17A-8.1 - Issuance of policies by insurance company, nonprofit hospital service plan, medical service corporation, or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention.

Section 58-17A-9 - Regulations subject to Administrative Procedures Act.

Section 58-17A-10 - Filing requirements--Master policy--Rates, rating schedules, and supporting documentation--Riders or amendments to delete outpatient prescription drug benefits.

Section 58-17A-11 - Premiums to be adjusted to produce a loss ratio conforming with minimum standards--Form of adjustments.

Section 58-17A-13 - Review of advertisements of issuers providing medicare supplement insurance.

Section 58-17A-14 - Requirements for replacement of policy.

Section 58-17A-15 - Sale of second policy prohibited except as replacement--Liability of issuer.

Section 58-17A-16 - Additional penalties for violation of title.

Section 58-17A-17 - Conditional or discriminatory policy or certificate prohibited.