§ 58-29A-54 Scope of application of chapter
§ 58-29A-55 Definition of terms
§ 58-29A-56 Creation of association–Membership–Exercise of powers
§ 58-29A-57 Board of directors–Appointment and terms of members–Vacancies onboard
§ 58-29A-58 Representation of member insurers on board–Domestic insurers
§ 58-29A-59 Reimbursement of director’s expenses
§ 58-29A-60 General corporate powers of association
§ 58-29A-61 Tax exemption of association
§ 58-29A-62 Notice to director of indications of member insolvency
§ 58-29A-63 Examination of insurer on request by board–Cost of examination–Handlingof report
§ 58-29A-64 Insolvency or hazardous condition reported to board of directors
§ 58-29A-65 Recommendations for detection and prevention of insolvencies
§ 58-29A-66 Recommendations on improving regulation for solvency
§ 58-29A-67 Report by directors on history and causes of insolvency
§ 58-29A-68 Obligation of association on claims against insolvent insurer–Deductible andmaximum amounts
§ 58-29A-69 Association deemed insurer to extent of obligations on covered claims
§ 58-29A-70 Investigation, adjustment, and payment or denial of claims–Review ofprevious settlements, releases, and judgments
§ 58-29A-71 Transfer or recovery of claim from certain covered persons
§ 58-29A-72 Means of handling claims–Designation of servicing facility
§ 58-29A-73 Reimbursement of servicing facility–Payment of other expenses
§ 58-29A-74 Separate accounts for administration and assessment
§ 58-29A-75 Allocation of claims, expenses, and assessments to separate accounts–Operating expenses excepted
§ 58-29A-76 Administrative assessments for operating expenses
§ 58-29A-77 Apportionment of assessments among members–Notice of assessment
§ 58-29A-78 Maximum assessment in relation to net premiums
§ 58-29A-79 Offset of payments and expenses against assessment due
§ 58-29A-80 Exemption or deferment of assessments to avoid impairment of capital orsurplus
§ 58-29A-81 Proration of payments when assets insufficient for full payment
§ 58-29A-82 Refund of surplus to member insurers
§ 58-29A-83 Plan of operation submitted to director–Approval
§ 58-29A-84 Required contents of plan of operation
§ 58-29A-85 Compliance with plan of operation–Violation as misdemeanor
§ 58-29A-86 Delegation of functions to interstate organization–Reimbursement oforganization–Approval of delegation
§ 58-29A-87 Director’s rules promulgated in lieu of amendments to plan of operation
§ 58-29A-88 Notice to association of insolvency of insurer
§ 58-29A-89 Statement of members’ premiums furnished to association
§ 58-29A-90 Stay of default proceedings against insolvent insurer–Setting aside of priorproceedings
§ 58-29A-91 Suspension or revocation of certificate of authority for failure to payassessment or comply with plan–Fine as alternative
§ 58-29A-92 Revocation of designation of servicing facility
§ 58-29A-93 Duplicate coverage–Insured to exhaust rights against solvent insurer
§ 58-29A-94 Duplicate coverage by insolvent insurers–Factors governing primaryrecovery
§ 58-29A-95 Subrogation of association to rights of claimant
§ 58-29A-96 Restrictions on liability of insured to association
§ 58-29A-97 Liability of insureds for unpaid assessments
§ 58-29A-98 Settlements by association binding on successor of insolvent insurer–Priorityof claim and expenses
§ 58-29A-99 Association’s statements of claims paid filed with receiver or liquidator
§ 58-29A-100 Examination and regulation of association–Annual report
§ 58-29A-101 Immunity from liability of persons acting under chapter
§ 58-29A-102 Judicial review of director’s actions
§ 58-29A-103 Premiums to include amounts sufficient for assessments
§ 58-29A-104 Unfair trade practice to advertise protection given by chapter
§ 58-29A-105 Payment of claims to be made in any reasonable order
§ 58-29A-106 Association to be recognized as claimant in liquidation of insolvent insurer–Priority of distribution
§ 58-29A-107 Insolvent insurer’s records to be made available to board
§ 58-29A-108 Jurisdiction over claims against association
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Terms Used In South Dakota Codified Laws > Title 58 > Chapter 29A - Insurance Guaranty Association

  • 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.
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Verdict: The decision of a petit jury or a judge.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • 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