South Dakota Codified Laws 58-1-2. Definition of terms
Terms used in this title mean:
(1) “Alien insurer,” one formed under the laws of any country or jurisdiction other than the United States of America, its states, districts, territories, and commonwealths;
Terms Used In South Dakota Codified Laws 58-1-2
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Insurance business: includes the transaction of all matters pertaining to a contract of insurance, both before and after the effectuation of that contract, and all matters arising out of that contract or any claim thereunder. See South Dakota Codified Laws 58-1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- 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
(2) “Authorized insurer,” one authorized, by a subsisting certificate of authority issued by the director, to engage in the insurance business in this state;
(3) “Certificate of authority,” permission granted to an insurer to issue policies or make contracts of insurance in this state;
(4) “Director,” the director of the Division of Insurance;
(5) “Division,” the Division of Insurance of the Department of Labor and Regulation;
(6) “Domestic insurer,” one formed under the laws of this state;
(7) “Foreign insurer,” one formed under the laws of any jurisdiction other than this state; except where distinguished by context, foreign insurer includes an alien insurer;
(8) “Insurance,” a contract whereby one undertakes to indemnify another or to pay or provide a specified or determinable amount or benefit upon determinable contingencies;
(9) “Insurance business,” includes the transaction of all matters pertaining to a contract of insurance, both before and after the effectuation of that contract, and all matters arising out of that contract or any claim thereunder;
(10) “Insurer,” every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance;
(11) “License,” permission granted to an agent or broker to engage in those activities permitted by such persons under this title;
(12) Repealed by SL 2001, ch 263, § 1.
(13) “Mechanical breakdown insurance,” any contract or agreement, issued by an authorized insurer, to perform or indemnify for a specific duration the repair, replacement, or maintenance of property for operational or structural failure due to a defect in materials, workmanship, or normal wear and tear;
(14) “Person,” an individual, insurer, company, association, organization, Lloyds, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation, and any other legal entity;
(15) “Principal office” or “principal place of business,” the office or regional home office from which the business affairs of the insurer are directed and managed;
(16) “Producer,” any person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. The terms also means an insurance agent;
(17) “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; and
(18) “Unauthorized insurer,” one which does not hold a subsisting certificate of authority issued by the director to engage in the insurance business in this state.
(19) “Vehicle theft protection product,” a device or system installed on or applied to a motor vehicle that is designed to prevent loss or damage to a motor vehicle from theft.
Source: SL 1966, ch 111, ch 1, § 2; SL 1982, ch 350; SL 1988, ch 387, § 1; SL 2000, ch 233, § 2; SL 2001, ch 263, §§ 1, 2, ch 286, § 56; SL 2003, ch 272 (Ex. Ord. 03-1), § 27; SL 2004, ch 295, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011; SL 2022, ch 180, § 1.