South Dakota Codified Laws
Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations
Section 58-24-49 - Application of insurer to file deviation--Basis for modification--Copy to rating organization.

58-24-49. Application of insurer to file deviation--Basis for modification--Copy to rating organization.
Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the director to file a deviation from the class rates, schedules, rating plans, or rules respecting any kind of insurance, or class of risk within a kind of insurance, or combination thereof. Such application shall specify the basis for the modification and a copy shall also be sent simultaneously to such rating organization.

Source: SL 1966, ch 111, ch 15, §7.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

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 58-24-6.1 - Failure of rate to reflect difference in expected losses and expenses as unfair discrimination--Averaged group rates not unfairly discriminatory.

Section 58-24-7 - Risks grouped by classification for rate-making--Modification of classification rates.

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 58-24-10 - Filing of rates with director--Effective date--Character and extent of coverage--Exceptions.

Section 58-24-10.1 - Rating rules required to be filed with director--Filing date--Supporting information required.

Section 58-24-10.2 - Rate information required to be filed prior to effective date on finding that closer supervision is required--Extension of waiting period--Approval or disapproval.

Section 58-24-12 - Satisfaction of insurer's obligations by becoming member of or subscriber to licensed rating organization.

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 58-24-25 - Issuance of contract or policy contrary to filings prohibited--Inland marine risks excepted.

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 58-24-30 - Appeal to director from rating organization or insurer--Affirmance or reversal of action.

Section 58-24-31 - Recording and reporting of loss and experience--Rules and statistical plans of director.

Section 58-24-33 - Exchange of information and experience data with other states--Consultation as to rate-making.

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 58-24-36 - Issuance of license--Finding by director--Time for granting or denying application.

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 58-24-41 - Review by director of reasonableness of rule or refusal to admit insurer as subscriber.

Section 58-24-42 - Order affirming action of rating organization.

Section 58-24-43 - Actuarial, technical, or other services provided to subscribers.

Section 58-24-44 - Examination of evidences of insurance or cancellation--Rules as to submission--Information confidential.

Section 58-24-45 - Regulation of payment of dividends, savings, or unabsorbed premium deposits prohibited.

Section 58-24-45.1 - Group insurance marketing permitted--Conditions.

Section 58-24-46 - Cooperation between organizations and insurers authorized--Review of cooperative activities by director.

Section 58-24-47 - Appeal to director from action of rating organization--Hearing--Order.

Section 58-24-48 - Appeal based on failure to file for different expense system--Application of rate-making standards.

Section 58-24-49 - Application of insurer to file deviation--Basis for modification--Copy to rating organization.

Section 58-24-50 - Deviations to be uniform within class.

Section 58-24-51 - Criteria considered on application for deviation--Order permitting or denying deviation.

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 58-24-55 - Unfair or unreasonable advisory organization practices--Order requiring discontinuance.

Section 58-24-56 - Filings based on information furnished by noncompliant advisory organization prohibited--Order requiring discontinuance.

Section 58-24-57 - Insurers engaging in joint underwriting or joint reinsurance subject to regulation.

Section 58-24-58 - Unfair or unreasonable practices of joint underwriters or joint reinsurers--Order requiring discontinuance.

Section 58-24-59 - Examination of rating organizations, advisory organizations, joint underwriters, and joint reinsurers--Acceptance of report of official of another state.

Section 58-24-61 - Violation of chapter--Penalties.

Section 58-24-62 - Suspension of license of rating organization or insurer.

Section 58-24-63 - Written order of director for imposition of penalty and suspension of license--Hearing, notice, findings.

Section 58-24-64 - Request for hearing on order or decision--Notice--Affirmance, reversal, or modification.

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 58-24-70 - Exemption from rate and form filing requirements for policy issued to exempt commercial policyholder--Disclosure requirements.

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.

Section 58-24-74 - Insurer to maintain records relating to insurance sales to exempt commercial policyholder--Examination by director.

Section 58-24-75 - Premium increase prohibited for certain accidents involving law enforcement, emergency, or snow removal personnel--Exception.