South Dakota Codified Laws
Chapter 08 - Unauthorized Insurers
Section 58-8-6 - Unauthorized insurers--Purposes of Process Act.

58-8-6. Unauthorized insurers--Purposes of Process Act.
The purpose of §§58-8-6 to 58-8-19, inclusive, is to subject certain insurers to the jurisdiction of the courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the Legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.

Source: SL 1966, ch 111, ch 12, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 08 - Unauthorized Insurers

Section 58-8-1 - Representing or aiding unauthorized insurer as misdemeanor.

Section 58-8-2 - Acts which do not constitute representing or aiding unauthorized insurer.

Section 58-8-3 - Advertising relating to unauthorized insurers as misdemeanor.

Section 58-8-4 - Acceptance of advertising without proof of authority to do business in state as misdemeanor.

Section 58-8-5 - Distribution of advertising matter as to advantages of doing business with unauthorized insurer as misdemeanor.

Section 58-8-6 - Unauthorized insurers--Purposes of Process Act.

Section 58-8-7 - Acts by unauthorized insurer constituting appointment of director of insurance as agent for service of process.

Section 58-8-8 - Manner of service of process--Duties of director.

Section 58-8-9 - Notice by mail to insurer--Proof of service.

Section 58-8-10 - Service of process on agent of unauthorized insurer other than director.

Section 58-8-12 - Mode of service of process cumulative.

Section 58-8-13 - Conditions precedent to filing of pleadings by unauthorized foreign or alien insurer--Deposit or bond--Procurement of certificate of authority.

Section 58-8-14 - Motion of unauthorized foreign or alien insurer to quash or set aside service of process--Deposit or bond not required--Grounds for motion.

Section 58-8-15 - Action against unauthorized insurer commenced by substituted process--Postponement by court to give defendant opportunity to defend.

Section 58-8-16 - Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff.

Section 58-8-17 - Exemptions from unauthorized insurers process provisions.

Section 58-8-18 - Uniformity of interpretation of chapter.

Section 58-8-19 - Citation of unauthorized insurers process provisions.