South Dakota Codified Laws
Chapter 32 - Surplus Line Insurance
Section 58-32-38 - Director appointed process agent--Policy provision--Mailing of process to defendant.

58-32-38. Director appointed process agent--Policy provision--Mailing of process to defendant.
An unauthorized insurer issuing such policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in §58-32-37. Any such policy shall contain a provision stating the substance of §§58-32-36 to 58-32-38, inclusive, and designating the person to whom the director shall mail process as provided in §58-32-37.

Source: SL 1966, ch 111, ch 11, §20 (3).

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 32 - Surplus Line Insurance

Section 58-32-1 - Purposes of chapter.

Section 58-32-2 - Broker defined.

Section 58-32-3 - Export defined.

Section 58-32-3.1 - Home state defined.

Section 58-32-4 - Chapter not applicable to life and health insurance, annuities, and reinsurance--Exceptions.

Section 58-32-5 - Exemption of interstate commerce.

Section 58-32-6 - Unauthorized acts constituting misdemeanors--Additional forfeiture.

Section 58-32-7 - Qualifications for surplus line broker's license--Out-of-state sales.

Section 58-32-8 - Application for surplus line license--Fee.

Section 58-32-9 - Licensing provisions applicable.

Section 58-32-10.1 - Bond of resident surplus line broker--Amount--Conditions--Termination.

Section 58-32-11 - Suspension or revocation of license of surplus line broker--Grounds.

Section 58-32-12 - Procedure for suspension or revocation of license.

Section 58-32-13 - Suspension or revocation of surplus line license affects all other licenses.

Section 58-32-14 - Revival of suspended or revoked broker's surplus line license--Payment of fine and delinquent taxes--Waiting period.

Section 58-32-15 - Acceptance of business from licensed insurance producer.

Section 58-32-16 - Impossibility of procuring coverage from authorized insurers--Procurement from unauthorized insurers.

Section 58-32-16.1 - Certain unauthorized insurers to submit annual report.

Section 58-32-17 - Conditions for export--Amount not procurable from authorized insurers.

Section 58-32-18 - Export of insurance where coverage available from authorized insurer prohibited--Exception.

Section 58-32-19 - Procurement of exported insurance through licensed surplus line broker.

Section 58-32-20 - Affidavit of broker as to exported insurance.

Section 58-32-21 - Placement in authorized insurer--Violation as misdemeanor.

Section 58-32-22 - Requirements for placing surplus lines insurance.

Section 58-32-23 - Financial condition of surplus line insurer--Director not required to determine.

Section 58-32-24 - Ineligibility of surplus line insurer because of financial condition--Order of director--Grounds.

Section 58-32-25 - Financial condition of surplus line insurer--Ascertainment by broker--Violation as misdemeanor.

Section 58-32-26 - Violation as misdemeanor--Revocation of licenses after hearing--Waiting period for new license.

Section 58-32-27 - Evidence of insurance--Certificate, execution, content.

Section 58-32-28 - Authority of broker to make certificate as to insurance granted by unauthorized insurer.

Section 58-32-29 - Change in evidence of insurance--Substitute certificate by broker.

Section 58-32-30 - False certificate by broker--Failure to notify insured as to material change--Misdemeanor.

Section 58-32-31 - Replacement of broker's certificate when policy issued.

Section 58-32-32 - Endorsement of contract--Violation as misdemeanor.

Section 58-32-33 - Surplus line insurance valid.

Section 58-32-34 - Liability of insurer as to losses and unearned premiums.

Section 58-32-35 - Assumption of surplus line direct risk--Extent of liability.

Section 58-32-36 - Venue of action against unauthorized insurer.

Section 58-32-37 - Action against unauthorized insurer--Service of process on director--Jurisdiction of court.

Section 58-32-38 - Director appointed process agent--Policy provision--Mailing of process to defendant.

Section 58-32-39 - Record by broker of each surplus line coverage--Violation as misdemeanor.

Section 58-32-40 - Record open to examination by director--Violation as misdemeanor.

Section 58-32-41 - Annual statement of broker--Filing with director--Violation as misdemeanor.

Section 58-32-42 - Annual statement of broker--Form and contents.

Section 58-32-42.1 - Uniform report may be prescribed in lieu of annual statement or affidavit as to exported insurance.

Section 58-32-43 - Records of interstate commerce coverage--Report to director--Violation as misdemeanor.

Section 58-32-44 - Tax on premiums--Time for remittance--Credit to general fund.

Section 58-32-45 - Premium tax when only part of risk in state--Multi-state agreement--Apportionment.

Section 58-32-46 - Fine for failure to remit tax or to file annual statement or uniform report--Collection.

Section 58-32-47 - Report of independently procured coverages--Violation as misdemeanor.

Section 58-32-48 - Negotiations, application, or premium payment bringing independently procured coverages within jurisdiction.

Section 58-32-49 - Production of records of insured for examination--Refusal to obey order of director as misdemeanor.

Section 58-32-50 - Tax on independently procured coverages--Payment to director, time.

Section 58-32-51 - Interest on delinquent tax on independently procured coverages.

Section 58-32-52 - Insured's liability for tax on independently procured coverages.

Section 58-32-53 - Deposits of taxes and interest collected on independently procured coverage.

Section 58-32-54 - Provisions on independently procured coverages do not affect unauthorized insurers.

Section 58-32-55 - Provisions on independently procured coverages inapplicable to life or health insurance, or annuities.

Section 58-32-56 - Rules and regulations--Adoption by director.

Section 58-32-58 - Citation of chapter.