58-4-41. Director's order to hazardous insurer.
If the director determines that the continued operation of an insurer licensed to transact business in this state may be hazardous to the policyholders, the creditors, or the general public, then the director may issue an order stating the reasons for the determination and requiring the insurer to:
(1)Reduce the total amount of present and potential liability for policy benefits by reinsurance;
(2)Reduce, suspend, or limit the volume of business being accepted or renewed;
(3)Reduce general insurance and commission expenses by specified methods;
(4)Increase the insurer's capital and surplus;
(5)Suspend or limit the declaration and payment of dividend by an insurer to its stockholders or to its policyholders;
(6)File reports in a form acceptable to the director concerning the market value of an insurer's assets;
(7)Limit or withdraw from certain investments or discontinue certain investment practices to the extent the director deems necessary;
(8)Document the adequacy of premium rates in relation to the risks insured;
(9)File, in addition to regular annual statements, interim financial reports on the form adopted by the national association of insurance commissioners or in a format as promulgated by the director;
(10)Correct corporate governance practice deficiencies, and adopt and utilize governance practices acceptable to the director;
(11)Provide a business plan to the director in order to continue to transact business in the state; or
(12)Notwithstanding any other provision of law limiting the frequency or amount of premium rate adjustments, adjust rates for any nonlife insurance product written by the insurer that the director determines necessary to improve the financial condition of the insurer.
If the insurer is a foreign insurer, the director's order may be limited to the extent provided by statute.
Source: SL 1992, ch 339, §3; SL 2013, ch 244, §1.
Structure South Dakota Codified Laws
Chapter 04 - Enforcement Powers And Proceedings
Section 58-4-5 - Enforcement proceedings instituted by director.
Section 58-4-6 - Proceedings instituted by director--Legal representation.
Section 58-4-7 - Cease and desist order to prevent violations of title--Injunction.
Section 58-4-9 - Hearings by director--Purpose.
Section 58-4-15 - Orders and notices of director required to be in writing--Signature.
Section 58-4-16 - Order of director--Effective date--Contents.
Section 58-4-17 - Service of orders and notices of director.
Section 58-4-18 - Prosecution of action for enforcement of director's order.
Section 58-4-25 - Formal rules of pleading or evidence not observed at director's hearing.
Section 58-4-28.1 - Money penalty in lieu of license suspension or other action--Hearing.
Section 58-4-39 - Standards for determining hazardous financial condition.
Section 58-4-40 - Authority of director in determining insurer's financial condition.
Section 58-4-41 - Director's order to hazardous insurer.
Section 58-4-42 - Hearings on director's orders.
Section 58-4-43 - Application of hazardous insurer provisions.
Section 58-4-45 - Confidentiality of certain documents.
Section 58-4-46 - Liability for release of information.
Section 58-4-48 - Minimum levels of risk-based capital required--Administrative rules.
Section 58-4-49 - Disclosure of status, existence, or outcome of investigation or examination.
Section 58-4-50 - Definitions.
Section 58-4-51 - Confidentiality of list of premium taxpayers--Violation as misdemeanor.
Section 58-4-53 - Disclosure of premium tax return and information to taxpayer.