§ 58-12-1 Forms for proof of loss–Furnishing by insurer on request
§ 58-12-2 Acts of insurer not constituting waiver of policy provision or defense
§ 58-12-3 Attorney fees–Recovery in action against self-insured employer or insurer failing to pay loss–Other remedies not barred
§ 58-12-3.1 Separate hearing on attorney fees–Adding to judgment–Time allowed to request hearing
§ 58-12-4 Life and health insurance–Exemption of benefits and proceeds from execution
§ 58-12-5 “Annuity contract” defined
§ 58-12-6 Exemption of annuity contract benefits, rights, privileges, and options from execution
§ 58-12-7 Premiums paid on annuity with intent to defraud creditors not exempt from execution
§ 58-12-8 Maximum amount of annuity exemption–Excess subject to levy
§ 58-12-9 Application of excess annuities to judgment–Factors considered
§ 58-12-10 Benefits, rights, privileges, or options nontransferable under annuity contract–Not subject to commutation–Exemption from execution
§ 58-12-11 Payments under life or health insurance policy or annuity contract discharge insurer
§ 58-12-12 Use of uniform health insurance claim forms
§ 58-12-13 Use of claim forms required by federal law excepted
§ 58-12-14 Promulgation of rules for uniform health insurance claim forms
§ 58-12-15 “Paintless dent repair” defined
§ 58-12-16 Motor vehicle insurer must provide sufficient compensation to restore vehicle to prior condition–Adjustment for paintless dent repair permitted–Conditions
§ 58-12-17 Compensation when paintless dent repair method inappropriate–Requiring unreasonable travel prohibited–Repair shop as payee only if insured agrees
§ 58-12-19 Clean claim defined
§ 58-12-20 Time limits for processing clean claims–Time limit for additional information required
§ 58-12-22 Information from insurer’s database to Department of Social Services–Data match against recipients–Disclosure–Liability
§ 58-12-23 Application for or acceptance of medical assistance paid by department operates as release of information to facilitate coordination of benefits–Request
§ 58-12-24 Refusal of reimbursement due to manner, form, or date of claim prohibited–Time for submission of claim
§ 58-12-25 Reimbursement to department for cost of services
§ 58-12-26 Insurer defined
§ 58-12-27 Department defined
§ 58-12-30 Annual reports of commercial property casualty insurance claims–Exception–Promulgation of rules
§ 58-12-31 Definitions regarding standards for claims processing
§ 58-12-32 Application of standards for claims investigation and disposition
§ 58-12-33 Flagrant or frequent violations–Notice and opportunity to correct inadvertent violations
§ 58-12-34 Acts constituting unfair claims practices
§ 58-12-35 Notice of hearing
§ 58-12-36 Cease and desist order–Monetary penalty–Suspension or revocation of license
§ 58-12-37 Promulgation of rules regarding definitions and records
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Terms Used In South Dakota Codified Laws > Title 58 > Chapter 12 - Insurance Claims and Benefits

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2