58-24-10. Filing of rates with director--Effective date--Character and extent of coverage--Exceptions.
Every insurer shall file with the director of the Division of Insurance every manual, minimum, class rate, rating schedule, or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. The filing date is the effective date thereof unless the insurer proposes an effective date subsequent to the filing date.
This section does not apply to:
(1)Inland marine risks which by general custom of the business are not written according to manual rates or rating plans; or
(2)Automobile and other motor vehicle insurance subject to §58-24-10.1.
Source: SL 1966, ch 111, ch 15, §4 (1); SL 1979, ch 341, §3; SL 2004, ch 307, §8.
Structure South Dakota Codified Laws
Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations
Section 58-24-1 - Purpose of chapter.
Section 58-24-2 - Application of chapter.
Section 58-24-3 - Insurance to which chapter does not apply.
Section 58-24-4 - Making of rates--Provisions governing.
Section 58-24-5 - Excessive, inadequate, or discriminatory rates prohibited.
Section 58-24-6 - Making of rates--Matters considered.
Section 58-24-8 - System of expense provisions used in rate-making--Reflection of operating methods.
Section 58-24-9 - Uniformity as to rates not required.
Section 58-24-13 - Information furnished in support of filing.
Section 58-24-14 - Filing open to public inspection--Specially rated inland marine risks.
Section 58-24-15 - Review of filings by director.
Section 58-24-17 - Filing with respect to specially rated risks--Effective date.
Section 58-24-18 - Disapproval of filing prohibited if rates meet requirements.
Section 58-24-19 - Disapproval of filings by director--Notice--Contents.
Section 58-24-20 - Disapproval of filing with respect to specially rated risks--Notice, contents.
Section 58-24-21 - Effect of finding and order that filing does not comply with chapter.
Section 58-24-22 - Request by aggrieved party for hearing on filing--Grounds for application.
Section 58-24-23 - Hearing on filing--Action by director--Notice of hearing.
Section 58-24-24 - Finding that filing does not comply--Order discontinuing filing--Effective date.
Section 58-24-26 - Excess rate approved for specific risk--Filing application.
Section 58-24-27 - Assigned risks--Reasonable rate modifications.
Section 58-24-28 - Information to be furnished insureds.
Section 58-24-29 - Right of insured to hearing on application of rating system.
Section 58-24-34 - Withholding of or giving false or misleading information--Penalties.
Section 58-24-35 - Application for license as rating organization--Contents.
Section 58-24-37 - Duration of rating organization license--Fee.
Section 58-24-38 - Suspension or revocation of license.
Section 58-24-39 - Notice to director of change in license application information.
Section 58-24-40 - Subscribers to rating services--Rules of rating organization.
Section 58-24-42 - Order affirming action of rating organization.
Section 58-24-43 - Actuarial, technical, or other services provided to subscribers.
Section 58-24-45.1 - Group insurance marketing permitted--Conditions.
Section 58-24-47 - Appeal to director from action of rating organization--Hearing--Order.
Section 58-24-50 - Deviations to be uniform within class.
Section 58-24-52 - Duration of permitted deviation.
Section 58-24-53 - Advisory organization license required.
Section 58-24-54 - Advisory organization filing requirements.
Section 58-24-61 - Violation of chapter--Penalties.
Section 58-24-62 - Suspension of license of rating organization or insurer.
Section 58-24-65 - Rehearing and appeal from order of director.
Section 58-24-66 - Notice required for filing for workers' compensation insurance.
Section 58-24-67 - Notice to workers' compensation purchaser organizations.
Section 58-24-68 - Exempt commercial policyholder--Definition.
Section 58-24-69 - "Risk manager" defined.
Section 58-24-71 - Third-party consultant disclosure requirements.
Section 58-24-72 - Promulgation of rules.
Section 58-24-73 - Insurer to maintain and provide copies of disclosures--Examination.