South Dakota Codified Laws
Chapter 20 - Workers' Compensation Insurance
Section 58-20-16 - Reinsurance reserve--Amount required.

58-20-16. Reinsurance reserve--Amount required.
Any insurer engaging in the business of writing workers' compensation insurance in this state shall maintain a reinsurance reserve for outstanding losses under such insurance, for which the insured is liable as follows:
(1)For all liability suits being defended under policies written more than ten years prior to the date as of which the statement is made, one thousand five hundred dollars for each suit; five and less than ten years prior to the date as of which the statement is made, one thousand dollars for each suit; three and less than five years prior to the date as of which the statement is made, eight hundred fifty dollars for each suit.
(2)For all liability policies written during the three years immediately preceding the date as of which the statement is made, such reserve shall be sixty percent of the earned liability premiums of each of such years, less all loss and loss expense payments made under liability policies written in the corresponding years; but in any event, such reserve shall, for the first of such three years, be not less than seven hundred fifty dollars for each outstanding liability suit on said year's policies.
(3)For all compensation claims under policies written more than three years prior to the date as of which the statement is made, the present values at four percent interest of the determined and the estimated future payments.
(4)For all compensation claims under policies written in the three years immediately preceding the date as of which the statement is made, such reserve shall be sixty-five percent of the earned compensation premiums of each of such three years, less all loss and loss expense payments made in connection with such claims under policies written in the corresponding years; but in any event, in the case of the first year of any such three-year period, such reserve shall be not less than the present value at four percent interest of the determined and the estimated unpaid compensation claims under policies written during such year.

Source: SL 1966, ch 111, ch 29, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 20 - Workers' Compensation Insurance

Section 58-20-1 - Definition of terms.

Section 58-20-2 - Policies subject to chapter.

Section 58-20-3 - Issuance of policies covering employers as well as employees--Wage values of employers--Rights and remedies of employers.

Section 58-20-3.1 - Premiums based on certain wages prohibited.

Section 58-20-4 - Separate coverage of workers' compensation liabilities.

Section 58-20-5 - Entire liability of employer to employees covered by policy--Separate policy for specified plant or work location, special authorization.

Section 58-20-6 - Agreement of insurer as to prompt payment--Obligation not affected by any default of insured after injury--Direct obligation of insurer.

Section 58-20-7 - Right of employees to enforce liability of insurance carrier--Inclusion of provision in policy.

Section 58-20-8 - Payment of compensation by employer or insurance carrier bars recovery against the other.

Section 58-20-9 - Lien of worker upon amount due under policy--Inability of insured, direct payment by insurer to worker, agents, and dependents.

Section 58-20-10 - Notice to either employer or insurer--Required policy provision.

Section 58-20-11 - Provision relieving insurer from payment on insolvency of insured prohibited.

Section 58-20-12 - Policy insuring against employers' liability other than workers' compensation--Required provisions--Liability of insurer--Actions for recovery.

Section 58-20-13 - Form of insurance to be approved before issuance--Ruling subject to appeal.

Section 58-20-14 - Cancellation of policy--Notice of intention to cancel--Service on employer.

Section 58-20-15 - Equitable apportionment among insurers of applicants for policies--Participation by all insurers--Appeal to director--Judicial review.

Section 58-20-16 - Reinsurance reserve--Amount required.

Section 58-20-17 - Unallocated compensation loss expense payments--Distribution schedule included in annual statement.

Section 58-20-18 - Unallocated liability loss expense payments--Distribution schedule included in annual statement.

Section 58-20-19 - Inadequacy of liability or compensation loss reserves--Maintenance of additional reserves required by director.

Section 58-20-20 - Annual statement--Inclusion of experience schedule.

Section 58-20-21 - Annual workplace safety review services--Recommendations for improved safety--Increased premiums.

Section 58-20-22 - Premium reductions and premium increases for certain insurers.

Section 58-20-23 - Liability for indemnity compensation or medical loss defined.

Section 58-20-24 - Policy to provide medical services and health care.

Section 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.

Section 58-20-26 - Electric utilities authorized to form self-insurance associations.

Section 58-20-27 - Application for self-insurance association--Form.

Section 58-20-28 - Requirements to obtain self-insurance certificate.

Section 58-20-29 - Granting self-insurance application--Revocation.

Section 58-20-30 - Examination of self-insurance association's activities and records.

Section 58-20-31 - Promulgation of rules governing self-insurance associations.

Section 58-20-32 - Voluntary termination of participation in self-insurance association.

Section 58-20-33 - Involuntary termination of membership in self-insurance association.

Section 58-20-34 - Liability for contractual obligations subsequent to termination in self-insurance association.

Section 58-20-35 - Annual report of affairs of self-insurance associations.

Section 58-20-36 - Dissolution of self-insurance association to be approved by department.

Section 58-20-37 - Deficiency of self-insurance associations made up by members.

Section 58-20-38 - Revocation of self-insurance association's certificate.

Section 58-20-39 - Self-insurance association not an insurance company.

Section 58-20-40 - Proceedings or investigations by department.