South Dakota Codified Laws
Chapter 29A - Insurance Guaranty Association
Section 58-29A-109 - Citation of chapter.

58-29A-109. Citation of chapter.
This chapter shall be known as the South Dakota Insurance Guaranty Association Act.

Source: SL 2000, ch 247, ยง56.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 29A - Insurance Guaranty Association

Section 58-29A-54 - Scope of application of chapter.

Section 58-29A-55 - Definition of terms.

Section 58-29A-56 - Creation of association--Membership--Exercise of powers.

Section 58-29A-57 - Board of directors--Appointment and terms of members--Vacancies on board.

Section 58-29A-58 - Representation of member insurers on board--Domestic insurers.

Section 58-29A-59 - Reimbursement of director's expenses.

Section 58-29A-60 - General corporate powers of association.

Section 58-29A-61 - Tax exemption of association.

Section 58-29A-62 - Notice to director of indications of member insolvency.

Section 58-29A-63 - Examination of insurer on request by board--Cost of examination--Handling of report.

Section 58-29A-64 - Insolvency or hazardous condition reported to board of directors.

Section 58-29A-65 - Recommendations for detection and prevention of insolvencies.

Section 58-29A-66 - Recommendations on improving regulation for solvency.

Section 58-29A-67 - Report by directors on history and causes of insolvency.

Section 58-29A-68 - Obligation of association on claims against insolvent insurer--Deductible and maximum amounts.

Section 58-29A-69 - Association deemed insurer to extent of obligations on covered claims.

Section 58-29A-70 - Investigation, adjustment, and payment or denial of claims--Review of previous settlements, releases, and judgments.

Section 58-29A-71 - Transfer or recovery of claim from certain covered persons.

Section 58-29A-72 - Means of handling claims--Designation of servicing facility.

Section 58-29A-73 - Reimbursement of servicing facility--Payment of other expenses.

Section 58-29A-74 - Separate accounts for administration and assessment.

Section 58-29A-75 - Allocation of claims, expenses, and assessments to separate accounts--Operating expenses excepted.

Section 58-29A-76 - Administrative assessments for operating expenses.

Section 58-29A-77 - Apportionment of assessments among members--Notice of assessment.

Section 58-29A-78 - Maximum assessment in relation to net premiums.

Section 58-29A-79 - Offset of payments and expenses against assessment due.

Section 58-29A-80 - Exemption or deferment of assessments to avoid impairment of capital or surplus.

Section 58-29A-81 - Proration of payments when assets insufficient for full payment.

Section 58-29A-82 - Refund of surplus to member insurers.

Section 58-29A-83 - Plan of operation submitted to director--Approval.

Section 58-29A-84 - Required contents of plan of operation.

Section 58-29A-85 - Compliance with plan of operation--Violation as misdemeanor.

Section 58-29A-86 - Delegation of functions to interstate organization--Reimbursement of organization--Approval of delegation.

Section 58-29A-87 - Director's rules promulgated in lieu of amendments to plan of operation.

Section 58-29A-88 - Notice to association of insolvency of insurer.

Section 58-29A-89 - Statement of members' premiums furnished to association.

Section 58-29A-90 - Stay of default proceedings against insolvent insurer--Setting aside of prior proceedings.

Section 58-29A-91 - Suspension or revocation of certificate of authority for failure to pay assessment or comply with plan--Fine as alternative.

Section 58-29A-92 - Revocation of designation of servicing facility.

Section 58-29A-93 - Duplicate coverage--Insured to exhaust rights against solvent insurer.

Section 58-29A-94 - Duplicate coverage by insolvent insurers--Factors governing primary recovery.

Section 58-29A-95 - Subrogation of association to rights of claimant.

Section 58-29A-96 - Restrictions on liability of insured to association.

Section 58-29A-97 - Liability of insureds for unpaid assessments.

Section 58-29A-98 - Settlements by association binding on successor of insolvent insurer--Priority of claim and expenses.

Section 58-29A-99 - Association's statements of claims paid filed with receiver or liquidator.

Section 58-29A-100 - Examination and regulation of association--Annual report.

Section 58-29A-101 - Immunity from liability of persons acting under chapter.

Section 58-29A-102 - Judicial review of director's actions.

Section 58-29A-103 - Premiums to include amounts sufficient for assessments.

Section 58-29A-104 - Unfair trade practice to advertise protection given by chapter.

Section 58-29A-105 - Payment of claims to be made in any reasonable order.

Section 58-29A-106 - Association to be recognized as claimant in liquidation of insolvent insurer--Priority of distribution.

Section 58-29A-107 - Insolvent insurer's records to be made available to board.

Section 58-29A-108 - Jurisdiction over claims against association.

Section 58-29A-109 - Citation of chapter.