South Dakota Codified Laws
Chapter 04A - Insurance Fraud
Section 58-4A-3 - Powers of insurance fraud prevention unit.

58-4A-3. Powers of insurance fraud prevention unit.
The insurance fraud prevention unit through its investigator or attorney may do the following:
(1)The investigator or attorney may initiate and conduct independent investigations if the unit has cause to believe that a fraudulent insurance act has been or may be committed;
(2)The investigator or attorney may review reports or complaints of alleged fraudulent insurance acts to determine whether such reports require further investigation and to conduct such investigation;
(3)The investigator or attorney may undertake independent studies to determine the extent of fraudulent insurance acts;
(4)The investigator or attorney may promote awareness of insurance fraud through educational seminars and other education programs for the insurance industry and the general public;
(5)The attorney, subject to applicable criminal or civil law and procedure, may prosecute fraudulent insurance acts on behalf of the state through criminal and civil proceedings; and
(6)The investigator or attorney may cooperate with federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of fraudulent insurance acts.

Source: SL 1999, ch 241, ยง3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 04A - Insurance Fraud

Section 58-4A-1 - Definition of terms.

Section 58-4A-2 - Fraudulent insurance acts--Certain violations as misdemeanor--Certain violations as felony.

Section 58-4A-3 - Powers of insurance fraud prevention unit.

Section 58-4A-4 - Insurance fraud prevention unit--Purpose--Composition.

Section 58-4A-5 - Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution.

Section 58-4A-6 - Unit investigators--Qualifications--Powers--Costs of investigation.

Section 58-4A-7 - Civil penalties--Disposition of penalties collected--Civil action in lieu of criminal prosecution.

Section 58-4A-8 - Operational costs of unit.

Section 58-4A-9 - Expenses recoverable--Disposition of recovered costs--Compensation to person in interest.

Section 58-4A-10 - Consent agreement not prohibited.

Section 58-4A-11 - Unit governed by chapter.

Section 58-4A-12 - Records and files confidential--Investigator not subject to subpoena in civil matter--Exceptions.

Section 58-4A-13 - Immunity for persons furnishing information in good faith--Costs assessed against person acting not in good faith--Other privileges and immunities not abrogated.

Section 58-4A-14 - Insurance fraud prevention unit fund--Assessment of insurers--Conditions--Failure to pay as grounds for administrative action.

Section 58-4A-15 - Limitations of chapter.

Section 58-4A-16 - Annual report to Legislature--Contents.

Section 58-4A-17 - Insurer to reevaluate rates for possible reduction in light of impact of fraud prevention.