58-8-7. Acts by unauthorized insurer constituting appointment of director of insurance as agent for service of process.
Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer:
(1)The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein;
(2)The solicitation of applications for such contracts;
(3)The collection of premiums, membership fees, assessments, or other considerations for such contracts; or
(4)Any other transaction of insurance business;
is equivalent to and shall constitute an appointment by such insurer of the director to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer.
Source: SL 1966, ch 111, ch 12, ยง4.
Structure South Dakota Codified Laws
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 58-8-6 - Unauthorized insurers--Purposes of Process Act.
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 58-8-17 - 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.