58-30-217. Compliance with chapters 58-30 and 58-33--Travel insurance sales practices.
The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance under the limited lines travel insurance producer license shall comply with chapter 58-30 and chapter 58-33. In the event of a conflict between chapters 58-30 and 58-33 and the provisions of §§58-30-209 to 58-30-217.1, inclusive, regarding the sale and marketing of travel insurance and travel protection plans, the provisions of §§58-30-209 to 58-30-217.1, inclusive, shall control. The following acts constitute unfair trade practices under chapter 58-33:
(1)Offering or selling illusory travel insurance, meaning a travel insurance policy that could never result in payment of any claims for any insured under the policy; and
(2)Marketing blanket travel insurance coverage as free.
Source: SL 2014, ch 241, §13; SL 2022, ch 185, §9.
Structure South Dakota Codified Laws
Chapter 30 - Insurance Producers
Section 58-30-1.1 - "Excess business" defined.
Section 58-30-8.2 - Notice requirements inapplicable to exclusive agencies or termination for cause.
Section 58-30-9 - Rights of insurance producer following termination of appointment.
Section 58-30-20 - Licensing provisions inapplicable to title insurance.
Section 58-30-23.6 - Criminal files check.
Section 58-30-23.7 - Joint issuance of waivers.
Section 58-30-29 - License not issued in trade name--Exception as to firm or corporation.
Section 58-30-33 - Changes in personnel employed by firm--Notice to director.
Section 58-30-52 - Exemption from examination requirements.
Section 58-30-54 - Information to applicants as to subjects covered and reference sources.
Section 58-30-58 - Failure to pass examination--Waiting period for re-examination.
Section 58-30-68 - Limited lines insurance producer's license--Types of insurance.
Section 58-30-69 - Examination not required for travel insurance.
Section 58-30-73 - Refusal of temporary license where purpose unlawful.
Section 58-30-74 - Renewal of license or appointment--Fee.
Section 58-30-74.1 - Continuing appointments--Annual renewal fee.
Section 58-30-74.2 - Renewal of license by business entity.
Section 58-30-74.3 - Lapsing and reinstatement of license.
Section 58-30-84 - Travel insurance vending machines, approval by director.
Section 58-30-88 - Premiums received by agent as trust funds--Accounting and payment.
Section 58-30-89 - Misappropriation of funds by agent as theft.
Section 58-30-90 - Deposit of trust funds in separate account--Records and account.
Section 58-30-91 - Records to be maintained by insurance producer--Violation as misdemeanor.
Section 58-30-93 - Suspension or revocation of certificate for unauthorized issuance of policies.
Section 58-30-95 - Director as attorney for service of process on nonresident insurance producer.
Section 58-30-96 - Duration of appointment of director as attorney for service of process.
Section 58-30-97 - Service on director of process against nonresident insurance producer--Fee.
Section 58-30-99 - Director's record of process against nonresident insurance producers.
Section 58-30-110 - Suspension, revocation, or refusal to renew license--Notice by director.
Section 58-30-111 - Waiting period for new license after revocation.
Section 58-30-112 - Licenses are property of South Dakota--Delivery to director on termination.
Section 58-30-113 - Affidavit as to lost, stolen, or destroyed license.
Section 58-30-114 - Continuing education requirements--Definitions.
Section 58-30-115 - Continuing education requirements--Exceptions.
Section 58-30-115.1 - Renewal of license by persons over age sixty-five.
Section 58-30-115.2 - Renewal of limited or restricted licenses.
Section 58-30-117 - Continuing education requirements--Rules.
Section 58-30-118 - Continuing education requirements--Approval of programs--Certification of hours.
Section 58-30-119 - Continuing education requirements--Extension of time.
Section 58-30-121 - Continuing education requirements--Additional fee for renewal of license.
Section 58-30-122 - Conduct of sponsors and instructors--Approval or disapproval by director--Rules.
Section 58-30-123 - Director's action upon violation or nonconformity by sponsor or instructor.
Section 58-30-124 - Definition of terms.
Section 58-30-125 - Persons not managing general agents.
Section 58-30-126 - License required--Bond or errors and omissions policy.
Section 58-30-127 - Written contract between managing general agent and insurer.
Section 58-30-128 - Settling claims--Content of contract.
Section 58-30-129 - Sharing interim profits.
Section 58-30-130 - Restrictions on managing general agents.
Section 58-30-131 - Duties of insurer working with managing general agent.
Section 58-30-132 - Acts of managing general agent--Examination by director--Costs.
Section 58-30-133 - Penalties for violation by managing general agent.
Section 58-30-134 - Rights of policyholders, claimants, and auditors.
Section 58-30-135 - Rules for implementation and administration of §§ 58-30-124 to 58-30-139.
Section 58-30-136 - Utilization of managing general agent after July 1, 1992.
Section 58-30-137 - Filing and approval of contract.
Section 58-30-138 - Application of §§ 58-30-124 to 58-30-139.
Section 58-30-139 - "Qualified United States financial institution" defined.
Section 58-30-140 - Agents not to obtain loans from clients--Exceptions.
Section 58-30-141 - Application of reciprocity provisions to surplus lines brokers.
Section 58-30-142 - Definitions.
Section 58-30-143 - Sale, solicitation or negotiation limited to licensed line of insurance only.
Section 58-30-144 - License not required under certain circumstances.
Section 58-30-144.1 - License required for acting as consultant.
Section 58-30-145 - Written examination required for resident applicants.
Section 58-30-146 - Arrangements for administration of examinations and collection of fee.
Section 58-30-147 - Payment of examination fees required.
Section 58-30-149 - Application by business entity for insurance producer license--Requirements.
Section 58-30-150 - Verification of application information.
Section 58-30-152 - Issuance of insurance producer license--Permitted lines of authority.
Section 58-30-153 - Term of insurance producer license.
Section 58-30-154 - Reinstatement of lapsed insurance producer license.
Section 58-30-155 - Waiver of insurance producer license renewal requirements.
Section 58-30-156 - Information contained on insurance producer license.
Section 58-30-157 - Notification of change of address by insurance producer.
Section 58-30-159 - Requirements for nonresident insurance producer license.
Section 58-30-161 - Verification of nonresident's licensing status.
Section 58-30-162 - Change of address required for interstate move.
Section 58-30-163 - Nonresident license applicant--Reciprocity--Exception.
Section 58-30-164 - Notification of use of assumed name by insurance producer.
Section 58-30-165 - Temporary insurance producer license.
Section 58-30-166 - Limits on temporary insurance producer license--Revocation of temporary license.
Section 58-30-167.1 - Termination of producer for receipt of hearing notice prohibited.
Section 58-30-170 - Authority of director to impose penalty or remedy.
Section 58-30-171 - Payment to unlicensed insurance producer prohibited.
Section 58-30-171.1 - Insurer may prohibit consultant fees.
Section 58-30-172 - Acceptance of payment by unlicensed insurance producer prohibited.
Section 58-30-173 - Renewal or deferred commissions approved if license held at time of transaction.
Section 58-30-174 - Payment, assignment, or sharing of commissions and fees--Limitations.
Section 58-30-175 - Requirements for acting as agent of insurer.
Section 58-30-178 - Appointment fee required.
Section 58-30-179 - Renewal appointment fee.
Section 58-30-180 - Termination of relationship between insurer and insurance producer.
Section 58-30-182 - Notification to insurance producer of termination by insurer.
Section 58-30-183 - Submission of written comments by insurance producer regarding termination.
Section 58-30-184 - Liability for information relating to termination.
Section 58-30-186 - Application of common law to action regarding insurance producer's termination.
Section 58-30-187 - Confidentiality of information gathered in termination investigation.
Section 58-30-188 - Testimony in private civil action prohibited.
Section 58-30-189 - Director's duties in regard to confidential and privileged documents.
Section 58-30-190 - Waiver of privilege or claim of confidentiality.
Section 58-30-191 - Release of final orders allowed.
Section 58-30-192 - Penalties for failure to report.
Section 58-30-195 - Promulgation of licensure rules.
Section 58-30-196 - Influencing witness testimony in examination or investigation.
Section 58-30-197 - Rental car insurance--Definition of terms.
Section 58-30-198 - Rental car insurance defined.
Section 58-30-200 - Licensing of rental car agent for authorized rental car insurer.
Section 58-30-201 - Rental car company as limited lines insurance producer--License requirements.
Section 58-30-203 - Training of rental car insurance endorsee.
Section 58-30-204 - Expiration of rental car insurance endorsee license.
Section 58-30-205 - Retention of rental car insurance transaction records.
Section 58-30-206 - Rental car insurance agreement.
Section 58-30-207 - Rental car insurance advertising and compensation restrictions.
Section 58-30-208 - Revocation of rental car company license.
Section 58-30-209 - Definitions regarding travel insurance.
Section 58-30-209.1 - Application of travel insurance laws.
Section 58-30-209.2 - Licensed producers may sell travel insurance--Appointment not required.
Section 58-30-209.3 - Travel administrators.
Section 58-30-210 - Limited lines travel insurance producer license authorized.
Section 58-30-212 - Statements required in travel retailer's written materials.
Section 58-30-212.1 - Required provisions and disclosures for travel insurance.
Section 58-30-215 - Individual and group travel insurance policies authorized--Services excluded.
Section 58-30-215.1 - Travel protection plans.
Section 58-30-216 - Limited lines travel insurance producer responsible for acts of travel retailer.
Section 58-30-217 - Compliance with chapters 58-30 and 58-33--Travel insurance sales practices.
Section 58-30-217.1 - Certain acts not unfair trade practices.
Section 58-30-218 - Promulgation of rules on training for travel retailer employees.