§ 58-11-1 Premium defined
§ 58-11-2 Contents of policy
§ 58-11-3 Statement of basis and rates for determination of premium included in policy
§ 58-11-4 Contents of policy–Exemption of surety contracts or group insurance policies
§ 58-11-5 Standard or uniform provisions of insurance contracts–Waiver of required use bydirector
§ 58-11-6 Policy not to contain provisions inconsistent with standard or uniform provisions–Substitute provision, approval by director
§ 58-11-7 Substitute provisions required by law of domicile of foreign or alien insurer, approvalby director
§ 58-11-8 Assessable policies–Special contents
§ 58-11-9 Motor vehicle insurance–Uninsured motorist and hit-and-run coverage–Amount ofcoverage–Uninsured motorist coverage not required for government owned vehicles
§ 58-11-9.1 Motor vehicle insured by insolvent liability insurer defined as uninsured–Rights ofinsurer making payment under uninsured motorist coverage
§ 58-11-9.2 Notice required when automobile policy does not include liability insurance
§ 58-11-9.3 Exclusion of named person or reduction of coverage in motor vehicle policy–Minimum liability coverage
§ 58-11-9.4 Underinsured motorist coverage to be available with liability policies–Limitation ofcoverage–Exception
§ 58-11-9.5 Payment to insured for portion of judgment not collected from underinsuredmotorist–Coverage limits
§ 58-11-9.6 Subrogation of insurer–Assignment of judgment–Liability issuer allowed to paylimits under policy
§ 58-11-9.7 Adding of insured’s uninsured and underinsured motorist coverage limits prohibited–Exception
§ 58-11-9.8 Adding of uninsured motorist coverage limits for multiple vehicles prohibited
§ 58-11-9.9 Adding of underinsured motorist coverage limits for multiple vehicles prohibited
§ 58-11-9.10 Increase in automobile insurance premiums due to drug-related offenses prohibited
§ 58-11-9.11 Increase in automobile insurance premiums due to certain alcohol-related offensesby a minor prohibited
§ 58-11-10 Additional policy provisions–Approval of director
§ 58-11-11 Charter and bylaws, inclusion as part of contract of insurance–Subscriber’sagreement or power of attorney of a reciprocal insurer as part of contract
§ 58-11-12 Policy forms–Filing with and approval by director–Group policy certificates filedfor informational purposes
§ 58-11-13 Policies exempt from form provisions
§ 58-11-14 Continuation of use of prior filings until otherwise prescribed
§ 58-11-15 Order of director exempting insurance documents from requirements as to form
§ 58-11-16 Property, marine and transportation, casualty and surety insurance coverages–Filingof forms by rating organizations
§ 58-11-17 Time for filing of forms–Approval or disapproval by director
§ 58-11-18 Extension of time for approval or disapproval of filing by director–Notice to insurer–Approval at expiration of extended period
§ 58-11-19 Withdrawal of approval of form by director–Notice
§ 58-11-20 Order of director disapproving form or withdrawing previous approval–Detailedstatement of grounds
§ 58-11-21 Grounds for disapproval of form or withdrawal of previous approval
§ 58-11-22 Identification of contracts issued and forms filed with director–Change in form
§ 58-11-23 Execution of policy by authorized representative of insurer
§ 58-11-24 Facsimile signature used on policy
§ 58-11-25 Unauthorized facsimile signature does not invalidate policy–Estoppel by issuanceof surety bond with facsimile signature
§ 58-11-26 Underwriters’ policy–Joint and several liability–True name of insurer
§ 58-11-27 Combination policy–Contents
§ 58-11-28 Underwriters’ and combination policies provisions do not apply to cosuretyobligations
§ 58-11-29 Binders or other contracts for temporary insurance–Terms–Fraudulent statement asmisdemeanor
§ 58-11-30 Duration of binder
§ 58-11-31 Extension or renewal of binder–Approval of director
§ 58-11-32 Binder provisions do not apply to life or health insurance
§ 58-11-33 Delivery of policy–Payment of premium–Insured not meeting condition required byinsurer
§ 58-11-34 Insurance of motor vehicle sales contracts, copy of policy delivered to vendee,mortgagor, or pledgor, contents–Inapplicable to inland marine floater policies
§ 58-11-35 Renewal or extension of policy at option of insurer
§ 58-11-36 Assignment of policies
§ 58-11-37 Policy not complying with statutory form–Validity–Construction
§ 58-11-38 Policy, rider, or endorsement containing condition, omission or provision not incompliance with requirements–Validity–Construction
§ 58-11-39 Construction of insurance contract–Terms and conditions–Modification by rider,endorsement, or application made part of policy
§ 58-11-40 Application for life or health insurance as evidence–Annuity contract–Copy madea part of policy–Inapplicable to industrial life policy
§ 58-11-41 Application for reinstatement or renewal of life or health insurance–Copy requestedby insured–Effect of noncompliance by insurer
§ 58-11-42 Alteration of application for life or health insurance–Written consent of applicant–Insertions by insurer
§ 58-11-43 Application for insurance other than life or health–Use as evidence–Failure tofurnish copy to insured
§ 58-11-44 Application for insurance or annuity–Statements by insured deemed representations–Omissions, concealment, and incorrect statements preventing recovery
§ 58-11-44.1 Unanswered questions no basis for denial of recovery unless insurer demandedanswers
§ 58-11-44.2 Requests for information and actions based on applicant’s failure to meet insurer’sunderwriting requirements permissible
§ 58-11-45 Cancellation and nonrenewal of automobile policy or coverage–Definition of terms
§ 58-11-45.1 Reporting agencies and persons listed with director
§ 58-11-45.2 Applicant for liability insurance not to be prejudiced by false reports
§ 58-11-45.3 Informant to be identified if insurance refused–Violation as misdemeanor
§ 58-11-46 Notice of cancellation of automobile policy–Reasons for cancellation
§ 58-11-47 Reasons for cancellation not applicable to automobile policy in effect less than sixtydays–Application of notice provisions to policies
§ 58-11-48 Modification of automobile physical damage coverage not deemed cancellation
§ 58-11-49 Time for mailing or delivery of notice of cancellation of automobile policy–Provision for statement of reason for cancellation
§ 58-11-50 Request of insured for reason for cancellation
§ 58-11-51 Notice of nonrenewal of automobile policy–Time for notice–Exceptions torequirement for notice–Renewal not waiver of grounds for cancellation
§ 58-11-52 Proof of notice of cancellation or nonrenewal of automobile policy or coverage
§ 58-11-53 Notice of eligibility for assigned risk plan on cancellation or nonrenewal ofautomobile liability insurance
§ 58-11-54 Director or insurer not liable for statements as to reasons for cancellation or refusalof automobile coverage
§ 58-11-55 Discrimination in issuance or renewal of automobile insurance policy asmisdemeanor–Exceptions
§ 58-11-55.1 Use of age or occupation in determining issuance or renewal of policies
§ 58-11-55.2 Applicability of § 58-11-55
§ 58-11-55.3 Promulgation of rules to prevent unfair discrimination
§ 58-11-57 Assigned risk plan for automobile liability insurance
§ 58-11-62 Notice of intent to cease marketing block of business–What constitutes cessation ofmarketing block of business
§ 58-11-63 Regulation of form and content of policies, policy forms, standards, and proceduresfor filings, cancellation, and nonrenewal of policies
§ 58-11-64 Definition of terms
§ 58-11-65 Carriers subject to filing requirements
§ 58-11-66 Filing and director approval required
§ 58-11-67 Filing requirements–Availability on internet
§ 58-11-68 Filer to indicate location of each requirement on policy form filing
§ 58-11-69 Approval or disapproval of filing–Review period
§ 58-11-70 Correction of deficiencies
§ 58-11-71 Review of resubmitted filing–Review period
§ 58-11-72 Resubmitted form not to be disapproved for reasons other than in initial disapproval–Exceptions
§ 58-11-73 Grossly inadequate filings
§ 58-11-74 Limitations on director’s authority
§ 58-11-75 Application to existing approved policy forms
§ 58-11-76 Construction with other time periods
§ 58-11-77 Appeal of disapproval of rate or policy form filing
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Terms Used In South Dakota Codified Laws > Title 58 > Chapter 11 - Form and Contents of Insurance Policies

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • 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.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • 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