§ 58-33-1 Purposes of chapter
§ 58-33-2 Unfair method or deceptive act as misdemeanor
§ 58-33-3 Acts constituting unfair methods of competition and unfair or deceptive practices
§ 58-33-4 Use of misleading name as misdemeanor
§ 58-33-5 Misrepresentation or false advertising of policies as misdemeanor
§ 58-33-5.1 Rules to promote proper disclosure of terms and conditions of life insurance policies
§ 58-33-6 False information or advertising as misdemeanor
§ 58-33-7 Defamation as misdemeanor
§ 58-33-8 Twisting as misdemeanor
§ 58-33-9 False entry with intent to deceive–Omission of true entry–Misdemeanor
§ 58-33-10 False financial statement as misdemeanor
§ 58-33-11 Stock operations and advisory board contracts as inducement–Misdemeanor
§ 58-33-12 Unfair discrimination as misdemeanor–Life insurance and annuities
§ 58-33-12.1 Blindness as basis for life insurance termination, modification or refusal–Unfair practice
§ 58-33-13 Unfair discrimination as misdemeanor–Health insurance
§ 58-33-13.1 Sex or marital status discrimination prohibited–Exceptions
§ 58-33-13.2 Definition of sex or marital status discrimination terms
§ 58-33-13.3 Domestic violence victim discrimination prohibited
§ 58-33-14 Rebate as misdemeanor–Life, disability and annuity contracts
§ 58-33-15 Insurance not to be used to induce purchases of commodities or services–Misdemeanor
§ 58-33-16 Credit life insurance permitted as inducement for purchases
§ 58-33-17 Bonus to policyholder from accumulated surplus on life or annuity policy not discrimination or rebate
§ 58-33-18 Allowance to industrial policyholder for making payments to office of insurer permitted
§ 58-33-19 Readjustment of premium rate permitted for group policy based on loss or expense experience
§ 58-33-20 Reduction of premium rate permitted for large policies
§ 58-33-21 Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan
§ 58-33-22 Increase in health insurance benefits by maintaining policy in force permitted
§ 58-33-23 Life insurance benefits paid to beneficiary–Payment to tradesman or businessman as misdemeanor–Use of life insurance to pay costs of funeral–Fraternal benefit societies
§ 58-33-24 Rebate, discount, or special advantage as misdemeanor–Exception
§ 58-33-25 Acceptance by insured of rebate, discount or special advantage as misdemeanor
§ 58-33-26 Unfair discrimination as to terms and conditions of insurance as misdemeanor
§ 58-33-27 Compensation to insurance producers permitted–Allowance or return of dividends, savings, or unabsorbed premium deposits permitted
§ 58-33-30 Provisions not applicable to life or health insurance or annuities
§ 58-33-31 Favored insurance producer or insurer as misdemeanor
§ 58-33-32 Boycott, coercion, or intimidation as misdemeanor
§ 58-33-33 Interlocking ownership or management permitted
§ 58-33-34 Directorship in two or more insurers permitted
§ 58-33-35 Collection of premium for insurance not provided as misdemeanor
§ 58-33-36 Illegal dealing in premiums and improper charges as misdemeanors
§ 58-33-37 False application as misdemeanor–False claim or proof of loss as misdemeanor or felony
§ 58-33-37.1 Aggregation of false claims or applications committed pursuant to one course of conduct
§ 58-33-38 Undefined unfair or deceptive practice–Findings by director
§ 58-33-39 Action to restrain violation found by director–Record of hearing received in evidence
§ 58-33-40 Cease and desist order of director
§ 58-33-41 Appeal from director’s order
§ 58-33-42 Finality of cease and desist order–Appeal by intervener
§ 58-33-43 Affirmance of order of director–Order of court for obedience
§ 58-33-44 Liabilities and penalties not relieved by director’s or court order
§ 58-33-45 Violation of desist order as misdemeanor
§ 58-33-46 Imposition of penalty not prevented by cease and desist order
§ 58-33-46.1 Civil action for damages resulting from unfair or prohibited act–Attorneys’ fees
§ 58-33-47 Process against unauthorized insurers for false advertising–Purpose of provisions
§ 58-33-48 Definition of terms
§ 58-33-49 Unlawful advertising by unauthorized insurer as misdemeanor–Notice to insurance supervisory official of domiciliary state
§ 58-33-50 Action by director on failure of insurer to cease false advertising after notice
§ 58-33-51 Acts constituting appointment of director as process agent
§ 58-33-52 Service of process on director, copies delivered–Mailing of copy to defendant
§ 58-33-53 Service of process on agent of insurer
§ 58-33-54 Additional method of service of process and notice
§ 58-33-55 Waiting period before entry of default order or judgment
§ 58-33-56 Liberal construction of process provisions
§ 58-33-57 Severability of provisions
§ 58-33-58 Citation of provisions for process against unauthorized insurers for false advertising
§ 58-33-59 Cancellation of insurance–Definitions
§ 58-33-60 Notice of cancellation required–Time–Contents
§ 58-33-61 Grounds for cancellation
§ 58-33-62 Complaint of violation to division–Determination of reasonableness–Hearing
§ 58-33-63 Reinstatement and money penalty for violation
§ 58-33-64 Immunity from liability for statements concerning cancellation
§ 58-33-65 Automobile policies exempt
§ 58-33-65.1 Private remedy or right of action prohibited
§ 58-33-66 Unfair or deceptive insurance practices
§ 58-33-67 Unfair or deceptive practices in dealing with insured
§ 58-33-68 Factors considered in determining action taken against violator–Failure to remedy situation–Administrative action
§ 58-33-69 No private right of action
§ 58-33-70 Definitions–Aftermarket crash parts
§ 58-33-71 Use of nonoriginal equipment manufacturer’s aftermarket crash parts to repair vehicle–Consumer to be advised in writing–Estimate and disclosure document
§ 58-33-74 Gifts for advertising or promotional programs
§ 58-33-75 Definitions
§ 58-33-76 Notification of suspected fraud
§ 58-33-77 Accessibility of information relevant to suspected fraud–Types of information
§ 58-33-78 Time limit on information to and from authorized agency
§ 58-33-79 Liability of supplier of information
§ 58-33-80 Liability of those who supply information or testify as to fraud
§ 58-33-81 Notification to policyholder of request for information
§ 58-33-82 Confidentiality of information regarding suspected fraud–Testimony by authorized agency personnel
§ 58-33-83 Refund of unearned life and health insurance premiums on canceled policy–Exceptions
§ 58-33-84 Refund of unearned life and health insurance premiums on canceled policy due to death of insured–Exceptions
§ 58-33-85 Health insurers prohibited from denying enrollment of dependent child on certain grounds
§ 58-33-86 Prohibitions against a health insurer from using information pertaining to medical assistance eligibility
§ 58-33-87 Payments of health insurance benefits for medical assistance recipients
§ 58-33-88 Health insurance for dependent child through noncustodial parent’s insurer
§ 58-33-89 Reporting regulatory activities and complaint handling
§ 58-33-90 Sale of securities by unregistered insurance producer prohibited
§ 58-33-91 Sale of unregistered securities by insurance producer prohibited
§ 58-33-92 Sale of unregistered business opportunity by insurance producer prohibited
§ 58-33-93 Definitions relating to multiple employer welfare arrangements
§ 58-33-94 Acts constituting transaction of insurance business in or from state
§ 58-33-95 Transacting of insurance defined
§ 58-33-96 Unauthorized health insurance defined
§ 58-33-97 Exclusions from unauthorized health insurance
§ 58-33-98 Notification of division required concerning unauthorized health insurance product–Review of division website–Stop loss insurers
§ 58-33-99 Circumstances in which licensee should know product is unauthorized health insurance
§ 58-33-100 Confidentiality of notifications–Use of information in legal and regulatory actions
§ 58-33-101 Disclosure of information to agencies of other states or federal government–Conditions–Immunity from civil liability
§ 58-33-102 Due diligence investigation required of insurance producer before offering health benefit plan
§ 58-33-103 Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan
§ 58-33-104 Due diligence investigation required of third party administrator before entering into any administrative contract for health benefit plan
§ 58-33-105 Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan
§ 58-33-106 Requirements for engaging in transacting of insurance by issuing stop loss policy
§ 58-33-107 Written disclosures required before issuing contract for stop loss policy
§ 58-33-108 Due diligence investigation required of preferred provider organization before contracting with offeror or provider of health benefit plan
§ 58-33-109 Defenses available to person who acts according to written advice of MEWA contact
§ 58-33-111 Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance
§ 58-33-112 Documented supervision procedures and controls
§ 58-33-113 Continuing education–Summary of supervision procedures and controls
§ 58-33-114 Suspension or revocation of registration of preferred provider organization for violation–Other action to assure future compliance
§ 58-33-115 Inapplicability to joint powers agreements
§ 58-33-116 Inapplicability to arrangements not issued to person in state or solicited in state
§ 58-33-117 Definitions
§ 58-33-118 Solicitation or sale of life insurance or annuity to active duty service member
§ 58-33-119 Certain solicitations and sales excluded
§ 58-33-120 Education of members of armed forces in accordance with Department of Defense instruction permitted
§ 58-33-121 Certain advertisements and marketing exempt–Face-to-face meetings not exempt
§ 58-33-122 Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair
§ 58-33-123 Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair
§ 58-33-124 Additional practices using personnel, services, or programs of the armed forces or depository institutions considered false, misleading, deceptive, or unfair
§ 58-33-125 Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair
§ 58-33-126 Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair
§ 58-33-127 Practices regarding Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance considered false, misleading, deceptive, or unfair
§ 58-33-128 Certain disclosure practices considered false, misleading, deceptive, or unfair
§ 58-33-129 Certain additional life insurance sales practices considered false, misleading, deceptive, or unfair
§ 58-33-130 Promulgation of rules
§ 58-33-131 Employer insurance assistance program defined
§ 58-33-132 Construction with statutes regarding rebates, discounts, and special advantages
§ 58-33-133 Employer insurance assistance program offerings to be in writing–Certain monetary payments prohibited
§ 58-33-134 Promulgation of rules for employer insurance assistance programs
§ 58-33-135 Unfair or deceptive practices by pharmacy benefits manager
§ 58-33-136 Value-added products or services not discriminatory–Description
§ 58-33-137 Value-added product or service–Permitted as pilot or testing program–Notice to division
§ 58-33-138 Value-added product or service–Permitted raffles or drawings described
§ 58-33-139 Inducement and certain language in advertising prohibited
§ 58-33-140 Value-added product or service–Promulgation of rules
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Terms Used In South Dakota Codified Laws > Title 58 > Chapter 33 - Unfair Trade Practices

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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.
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • 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