South Dakota Codified Laws
Chapter 08 - Unauthorized Insurers
Section 58-8-9 - Notice by mail to insurer--Proof of service.

58-8-9. Notice by mail to insurer--Proof of service.
Service of process pursuant to §58-8-8 is sufficient, provided notice of such service and a copy of the process are sent within ten days thereafter by registered or certified mail by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

Source: SL 1966, ch 111, ch 12, §5; SL 1982, ch 28, §18.

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.