58-44-4. Chapter not applicable under certain circumstances.
The provisions of this chapter do not apply if:
(1)The controlling broker:
(a)Places insurance only with the controlled insurer, or only with the controlled insurer and a member or members of the controlled insurer's holding company system, or the controlled insurer's parent, affiliate or subsidiary and receives no compensation based upon the amount of premiums written in connection with the insurance; and
(b)Accepts insurance placements only from nonaffiliated brokers, and not directly from insureds; and
(2)The controlled insurer, except for insurance business written through a residual market facility, accepts insurance business only from a controlling broker, a broker controlled by the controlled insurer, a broker that is a subsidiary of the controlled insurer. Residual market facility includes government insurance programs, risk pools, and assigned risk plans.
Source: SL 1992, ch 358, ยง4.
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.