58-47-8. Vendor permitted to collect charges for portable electronics insurance--Funds held in trust for insurer--Vendor compensation.
Any charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Each charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. A vendor billing and collecting these charges is not required to maintain these funds in a segregated account if the vendor is authorized by the insurer to hold these funds in an alternative manner and remits such amounts to the supervising entity within sixty days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. A vendor may receive compensation for billing and collection services.
Source: SL 2012, ch 251, ยง8.
Structure South Dakota Codified Laws
Chapter 47 - Portable Electronics Insurance
Section 58-47-1 - Definitions.
Section 58-47-2 - Portable electronics insurance defined.
Section 58-47-5 - Periodic basis as group or master commercial inland marine policy.
Section 58-47-7 - Training program for vendor employees and representatives.
Section 58-47-9 - Change in policy terms and conditions--Notice.
Section 58-47-10 - Termination of insurance upon twenty days notice.
Section 58-47-11 - Immediate termination of insurance.
Section 58-47-12 - Notice of termination.
Section 58-47-13 - Notice and correspondence requirements.
Section 58-47-14 - Term of portable electronics license--Renewal.