58-24-74. Insurer to maintain records relating to insurance sales to exempt commercial policyholder--Examination by director.
Any insurer who sells any kind of insurance to an exempt commercial policyholder shall maintain records relating to the insurance sales as required by §§58-24-68 to 58-24-74, inclusive. At a minimum, the records shall include: any data, statistics, rates, rating plans, rating systems, and underwriting rules used in underwriting and issuing such policies; claims-made policy forms; annual experience data on each risk insured, including written premiums, written premiums at a manual rate, paid losses, outstanding losses, loss adjustment expenses, underwriting expenses, underwriting profits, and profits from contingencies; and complaint information required under South Dakota law.
The insurer shall maintain the records for five years. The insurer shall make such records available for examination by the director at any reasonable hour.
Source: SL 2004, ch 307, §7.
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.