58-44-10. Civil action in behalf of insurer for violation while under order for liquidation or rehabilitation.
If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to chapter 58-29B, and the receiver appointed under that order believes that the controlling broker or any other person has not complied with this chapter, or any regulation or order, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
Source: SL 1992, ch 358, ยง10.
Structure South Dakota Codified Laws
Chapter 44 - Broker Controlled Property And Casualty Insurance
Section 58-44-1 - Definition of terms.
Section 58-44-2 - Application of chapter to licensed insurers--Application of chapter 58-5A.
Section 58-44-4 - Chapter not applicable under certain circumstances.
Section 58-44-5 - Written contract required--Provisions.
Section 58-44-6 - Audit committee of controlled insurer--Annual meeting.
Section 58-44-7 - Annual report of loss ratios and loss reserves.
Section 58-44-8 - Notice from controlling broker to prospective insured--Subbroker.
Section 58-44-9 - Consequences of noncompliance with chapter--Civil action by director.
Section 58-44-11 - Rights of director to impose penalties.
Section 58-44-12 - Rights of third parties.
Section 58-44-13 - Time limit for compliance.
Section 58-44-14 - Disapproval of contract between controlling broker and controlled insurer.