58-33A-2. Purpose of chapter.
The purpose of this chapter is to establish guidelines and permissible and impermissible standards of conduct in the solicitation of and advertising of life and health insurance in a manner which:
(1)Prevents unfair, deceptive, and misleading advertising;
(2)Is conducive to accurate presentation and description to the insurance-buying public through the advertising media and material used by insurance producers and companies;
(3)Provides for the full disclosure of the benefits, limitations, and exclusions of policies sold;
(4)Sets forth minimum standards and guidelines to assure a full and truthful disclosure to the public of all material and relevant information in the advertising of life insurance policies and annuity contracts;
(5)Requires insurers to deliver to purchasers of life insurance information which will improve the buyer's ability to select the most appropriate plan of life insurance for the buyer's needs;
(6)Improves the buyer's understanding of the basic features of the policy which has been purchased or which is under consideration;
(7)Improves the ability of the buyer to evaluate the relative costs of similar plans of life insurance;
(8)Provides reasonable standardization and simplification of terms and coverages of health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations to facilitate public understanding and comparison;
(9)Eliminates provisions contained in health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations which may be misleading or unreasonably confusing in connection either with the purchase of such coverages or with the settlement of claims; and
(10)Provides for full disclosure in the sale of life or health coverages.
Source: SL 1999, ch 240, §2; SL 2000, ch 251, §3; SL 2001, ch 286, §211.
Structure South Dakota Codified Laws
Chapter 33A - Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance
Section 58-33A-1 - Applicability of chapter.
Section 58-33A-2 - Purpose of chapter.
Section 58-33A-3 - "Advertisement" defined.
Section 58-33A-4 - Certain material and communication not deemed to be advertisement.
Section 58-33A-7 - Director authorized to promulgate rules--Scope of rules.
Section 58-33A-8 - Required disclosures to be clear and conspicuous.
Section 58-33A-8.1 - Disclosure of usual, customary, and reasonable limitation provision required.
Section 58-33A-12 - Director's prior approval may be required--Other remedies not precluded.
Section 58-33A-13 - Definition of terms.
Section 58-33A-14 - Recommendations to purchase or exchange annuities subject to requirements.
Section 58-33A-15 - Exemptions from requirements.
Section 58-33A-16 - Annuity best interest standard.
Section 58-33A-16.1 - Recommendation--Producer responsibilities.
Section 58-33A-16.2 - Recommendation--Producer responsibilities--Applicability and intent.
Section 58-33A-16.3 - Considerations for annuity replacement or exchange.
Section 58-33A-16.4 - Recommendation--Sale of annuity--Informed consumer.
Section 58-33A-16.5 - Recommendation--Sale of annuity--Disclosure to consumer.
Section 58-33A-16.6 - Additional disclosure upon request.
Section 58-33A-16.7 - Disclosure of producer conflicts of interest required.
Section 58-33A-18 - Conditions resulting in no obligation to consumer.
Section 58-33A-19 - Reasonableness under circumstances known to insurer.
Section 58-33A-19.2 - Producer obligations--Documentation--Time of recommendation or sale.
Section 58-33A-19.3 - Issuance by insurer to be reasonable and address consumer needs.
Section 58-33A-20 - Insurer's system for supervising recommendations.
Section 58-33A-20.2 - Prohibited conduct by insurance producer.
Section 58-33A-25 - Compliance with comparable standards by financial professional.
Section 58-33A-25.2 - Annuity training course providers--Training requirements of other states.
Section 58-33A-25.3 - Insurer to verify producer has completed annuity training course.
Section 58-33A-25.4 - Authorized insurance business--Other licenses.
Section 58-33A-25.5 - Definition of terms--Compliance with Conduct Rules.
Section 58-33A-26 - Corrective action for violations.