South Dakota Codified Laws 58-11-45. Cancellation and nonrenewal of automobile policy or coverage–Definition of terms
Terms used in §§ 58-11-46 to 58-11-54, inclusive, mean:
(1) “Automobile collision coverage,” includes all coverage of loss or damage to an automobile insured under the policy resulting from collision or upset;
Terms Used In South Dakota Codified Laws 58-11-45
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- 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
- 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
(2) “Automobile liability coverage,” includes only coverage of bodily injury and property damage liability, medical payments, and uninsured motorists’ coverage;
(3) “Automobile physical damage coverage,” includes all coverage of loss or damage to an automobile insured under the policy except loss or damage resulting from collision or upset;
(4) “Nonpayment of premium,” failure of the named insured to discharge when due any of the insured’s obligations in connection with the payment of premiums on a policy, or any installment of the premium, whether the premium is payable directly to the insurer or its insurance producer or indirectly under any premium finance plan or extension of credit;
(5) “Policy,” an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:
(a) A motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers, nor rented to others; or
(b) Any other four–wheel motor vehicle with a load capacity of fifteen hundred pounds or less which is not used in the occupation, profession, or business of the insured;
However, §§ 58-11-46 to 58-11-54, inclusive, do not apply (i) to any policy issued under an automobile assigned risk plan, or (ii) to any policy insuring more than four automobiles, or (iii) to any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards;
(6) “Renewal” or “to renew,” the issuance and delivery by an insurer of a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. However, any policy with a policy period or term of less than six months shall for the purpose of §§ 58-11-46 to 58-11-54, inclusive, be considered as if written for a policy period or term of six months. Moreover, any policy written for a term longer than one year or any policy with no fixed expiration date, shall for the purpose of §§ 58-11-46 to 58-11-54, inclusive, be considered as if written for successive policy periods or terms of one year, and such policy may be terminated at the expiration of any annual period upon giving sixty days’ notice of cancellation prior to such anniversary date, and the cancellation is not subject to any other provisions of §§ 58-11-46 to 58-11-54, inclusive.
Source: SL 1968, ch 138, § 1; SL 1974, ch 311, § 1; SL 2001, ch 286, § 103.