58-33-117. Definition of terms.
Terms in this section and §§58-33-118 to 58-33-130, inclusive, mean:
(1)"Active duty," full-time duty in the active military service of the United States and includes members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full-time training. The term does not include members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of less than thirty-one calendar days;
(2)"Armed forces of the United States," all components of the Army, Navy, Air Force, Marine Corps, and Coast Guard;
(3)"Department of Defense (DoD) personnel," all active duty service members and all civilian employees, including nonappropriated fund employees and special government employees, of the Department of Defense;
(4)"Door to door," a solicitation or sales method whereby an insurance producer proceeds randomly or selectively from household to household without prior specific appointment;
(5)"General advertisement," an advertisement having as its sole purpose the promotion of the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or the insurance producer;
(6)"Known" or "knowingly," the insurance producer or insurer had actual awareness, or in the exercise of ordinary care should have known, at the time of the act or practice complained of, that the person solicited:
(a)Is a service member; or
(b)Is a service member with a pay grade of E-4 or below;
(7)"Military installation," any federally owned, leased, or operated base, reservation, post, camp, building, or other facility to which service members are assigned for duty, including barracks, transient housing, and family quarters;
(8)"MyPay," a defense finance and accounting service internet-based system that enables service members to process certain discretionary pay transactions or provide updates to personal information data elements without using paper forms;
(9)"Service member," any active duty officer (commissioned and warrant) or enlisted member of the armed forces of the United States;
(10)"Side fund," a fund or reserve that is part of or otherwise attached to a life insurance policy (excluding individually issued annuities) by rider, endorsement or other mechanism which accumulates premium or deposits with interest or by other means. The term does not include:
(a)Accumulated value or cash value or secondary guarantees provided by a universal life policy;
(b)Cash values provided by a whole life policy which are subject to standard nonforfeiture law for life insurance; or
(c)A premium deposit fund which:
(i)Contains only premiums paid in advance which accumulate at interest;
(ii)Imposes no penalty for withdrawal;
(iii)Does not permit funding beyond future required premiums;
(iv)Is not marketed or intended as an investment; and
(v)Does not carry a commission, either paid or calculated;
(11)"Specific appointment," a prearranged appointment agreed upon by both parties and definite as to place and time.
Source: SL 2008, ch 272, §1.
Structure South Dakota Codified Laws
Chapter 33 - Unfair Trade Practices
Section 58-33-1 - Purposes of chapter.
Section 58-33-2 - Unfair method or deceptive act as misdemeanor.
Section 58-33-3 - Acts constituting unfair methods of competition and unfair or deceptive practices.
Section 58-33-4 - Use of misleading name as misdemeanor.
Section 58-33-5 - Misrepresentation or false advertising of policies as misdemeanor.
Section 58-33-6 - False information or advertising as misdemeanor.
Section 58-33-7 - Defamation as misdemeanor.
Section 58-33-8 - Twisting as misdemeanor.
Section 58-33-9 - False entry with intent to deceive--Omission of true entry--Misdemeanor.
Section 58-33-10 - False financial statement as misdemeanor.
Section 58-33-11 - Stock operations and advisory board contracts as inducement--Misdemeanor.
Section 58-33-12 - Unfair discrimination as misdemeanor--Life insurance and annuities.
Section 58-33-13 - Unfair discrimination as misdemeanor--Health insurance.
Section 58-33-13.1 - Sex or marital status discrimination prohibited--Exceptions.
Section 58-33-13.2 - Definition of sex or marital status discrimination terms.
Section 58-33-13.3 - Domestic violence victim discrimination prohibited.
Section 58-33-14 - Rebate as misdemeanor--Life, disability and annuity contracts.
Section 58-33-16 - Credit life insurance permitted as inducement for purchases.
Section 58-33-20 - Reduction of premium rate permitted for large policies.
Section 58-33-22 - Increase in health insurance benefits by maintaining policy in force permitted.
Section 58-33-24 - Rebate, discount, or special advantage as misdemeanor--Exception.
Section 58-33-25 - Acceptance by insured of rebate, discount or special advantage as misdemeanor.
Section 58-33-26 - Unfair discrimination as to terms and conditions of insurance as misdemeanor.
Section 58-33-30 - Provisions not applicable to life or health insurance or annuities.
Section 58-33-31 - Favored insurance producer or insurer as misdemeanor.
Section 58-33-32 - Boycott, coercion, or intimidation as misdemeanor.
Section 58-33-33 - Interlocking ownership or management permitted.
Section 58-33-34 - Directorship in two or more insurers permitted.
Section 58-33-35 - Collection of premium for insurance not provided as misdemeanor.
Section 58-33-36 - Illegal dealing in premiums and improper charges as misdemeanors.
Section 58-33-38 - Undefined unfair or deceptive practice--Findings by director.
Section 58-33-40 - Cease and desist order of director.
Section 58-33-41 - Appeal from director's order.
Section 58-33-42 - Finality of cease and desist order--Appeal by intervener.
Section 58-33-43 - Affirmance of order of director--Order of court for obedience.
Section 58-33-44 - Liabilities and penalties not relieved by director's or court order.
Section 58-33-45 - Violation of desist order as misdemeanor.
Section 58-33-46 - Imposition of penalty not prevented by cease and desist order.
Section 58-33-48 - Definition of terms.
Section 58-33-50 - Action by director on failure of insurer to cease false advertising after notice.
Section 58-33-51 - Acts constituting appointment of director as process agent.
Section 58-33-52 - Service of process on director, copies delivered--Mailing of copy to defendant.
Section 58-33-53 - Service of process on agent of insurer.
Section 58-33-54 - Additional method of service of process and notice.
Section 58-33-55 - Waiting period before entry of default order or judgment.
Section 58-33-56 - Liberal construction of process provisions.
Section 58-33-57 - Severability of provisions.
Section 58-33-59 - Cancellation of insurance--Definitions.
Section 58-33-60 - Notice of cancellation required--Time--Contents.
Section 58-33-61 - Grounds for cancellation.
Section 58-33-62 - Complaint of violation to division--Determination of reasonableness--Hearing.
Section 58-33-63 - Reinstatement and money penalty for violation.
Section 58-33-64 - Immunity from liability for statements concerning cancellation.
Section 58-33-65 - Automobile policies exempt.
Section 58-33-65.1 - Private remedy or right of action prohibited.
Section 58-33-66 - Unfair or deceptive insurance practices.
Section 58-33-67 - Unfair or deceptive practices in dealing with insured.
Section 58-33-69 - No private right of action.
Section 58-33-70 - Definitions--Aftermarket crash parts.
Section 58-33-74 - Gifts for advertising or promotional programs.
Section 58-33-75 - Definitions.
Section 58-33-76 - Notification of suspected fraud.
Section 58-33-77 - Accessibility of information relevant to suspected fraud--Types of information.
Section 58-33-78 - Time limit on information to and from authorized agency.
Section 58-33-79 - Liability of supplier of information.
Section 58-33-80 - Liability of those who supply information or testify as to fraud.
Section 58-33-81 - Notification to policyholder of request for information.
Section 58-33-87 - Payments of health insurance benefits for medical assistance recipients.
Section 58-33-88 - Health insurance for dependent child through noncustodial parent's insurer.
Section 58-33-89 - Reporting regulatory activities and complaint handling.
Section 58-33-90 - Sale of securities by unregistered insurance producer prohibited.
Section 58-33-91 - Sale of unregistered securities by insurance producer prohibited.
Section 58-33-92 - Sale of unregistered business opportunity by insurance producer prohibited.
Section 58-33-93 - Definitions relating to multiple employer welfare arrangements.
Section 58-33-94 - Acts constituting transaction of insurance business in or from state.
Section 58-33-95 - Transacting of insurance defined.
Section 58-33-96 - Unauthorized health insurance defined.
Section 58-33-97 - Exclusions from unauthorized health insurance.
Section 58-33-107 - Written disclosures required before issuing contract for stop loss policy.
Section 58-33-110 - Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.
Section 58-33-112 - Documented supervision procedures and controls.
Section 58-33-113 - Continuing education--Summary of supervision procedures and controls.
Section 58-33-115 - Inapplicability to joint powers agreements.
Section 58-33-117 - Definition of terms.
Section 58-33-118 - Solicitation or sale of life insurance or annuity to active duty service member.
Section 58-33-119 - Certain solicitations and sales excluded.
Section 58-33-121 - Certain advertisements and marketing exempt--Face-to-face meetings not exempt.
Section 58-33-128 - Certain disclosure practices considered false, misleading, deceptive, or unfair.
Section 58-33-130 - Promulgation of rules.
Section 58-33-131 - Employer insurance assistance program defined.
Section 58-33-132 - Construction with statutes regarding rebates, discounts, and special advantages.
Section 58-33-134 - Promulgation of rules for employer insurance assistance programs.
Section 58-33-135 - Unfair or deceptive practices by pharmacy benefits manager.