58-3-24. Liability of director or examiner--Liability for communicating or delivering information--Intent.
No cause of action may arise nor may any liability be imposed against the director, the director's authorized representatives, or any examiner appointed by the director for any statements made or conduct performed in good faith while carrying out the provisions of this chapter. This section does not abrogate or modify in any way any common law or statutory privilege or immunity enjoyed by any person identified.
No cause of action may arise, nor may any liability be imposed against any person for the act of communicating or delivering information or data to the director or the director's authorized representative or examiner pursuant to an examination, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.
Source: SL 1992, ch 338, §17.
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.