58-3-23. Preclusion of examiner--Grounds.
No examiner may be appointed by the director if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. This section may not be construed to automatically preclude an examiner from being:
(1)A policyholder or claimant under an insurance policy;
(2)A grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;
(3)An investment owner in shares of regulated diversified investment companies; or
(4)A settlor or beneficiary of a "blind trust" into which any otherwise impermissible holdings have been placed.
Source: SL 1992, ch 338, §16.
Structure South Dakota Codified Laws
Chapter 03 - Examination Of Insurers And Insurance Producers
Section 58-3-1 - Examination of insurers--Scope.
Section 58-3-1.1 - Company defined.
Section 58-3-2 - Examination of alien insurer--Limited extent.
Section 58-3-3.1 - Examination assessment fee--Insurance examination fund established for proceeds.
Section 58-3-3.2 - Payments from insurance examination fund.
Section 58-3-5 - Examination of agents, managers, and promoters.
Section 58-3-6 - Place where examination conducted.
Section 58-3-7 - Information to be available--Cooperation of persons being examined.
Section 58-3-7.1 - Observance of guidelines and procedures by examiner.
Section 58-3-7.3 - Examination under oath--Authority of director or examiner.
Section 58-3-7.4 - Insurer's claim files subject to examination--File maintenance requirements.
Section 58-3-8 - Examination disclosing inadequate records--Correction of accounts.
Section 58-3-10 - Examination reports required.
Section 58-3-11 - Contents of examination reports.
Section 58-3-12.2 - Market conduct examination--Draft examination report.
Section 58-3-12.3 - Draft examination report not governed by §§ 58-3-10 to 58-3-18.
Section 58-3-12.4 - Confidentiality of draft examination report.
Section 58-3-13 - Filed examination report admissible in evidence.
Section 58-3-14 - Withholding of report from public inspection.
Section 58-3-15 - Expenses of examination paid by person examined.
Section 58-3-18 - Confidential investigative hearing--Inconsistencies in examination report.
Section 58-3-19 - Conducting hearing--Discovery.
Section 58-3-20 - Use of information discovered during examination for legal or regulatory action.
Section 58-3-23 - Preclusion of examiner--Grounds.
Section 58-3-25 - Implementation of examination report's recommendations.