2011 South Dakota Code
Title 58 INSURANCE
Chapter 18C. Continuation Of Health Care Coverage
§58-18C-7 Continuation policy not required in certain circumstances.


SD Codified L § 58-18C-7 (through 2011) What's This?

58-18C-7. Continuation policy not required in certain circumstances. No insurer may be required to offer or renew a continuation policy covering any person if:

(1) The person is covered for similar benefits by another individual or group policy;

(2) Similar benefits are provided for or available to such person, by reason of any state or federal law;

(3) The benefits under sources of the kind referred to in subdivision (1) for such person or benefits provided or available under sources of the kind referred to in subdivision (2) for such person, together with the continued policy's benefits, would result in overinsurance according to the insurer's standards for overinsurance;

(4) There has been fraud or material misrepresentation in applying for any benefits under continued or converted policy;

(5) The person failed to pay any required contribution; or

(6) Cancellation of all similar insurance policies in the entire state.

Source: SL 1998, ch 294, § 7; SL 2005, ch 270, § 4.

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