2013 South Dakota Codified Laws
Title 58 - INSURANCE
Chapter 33 - Unfair Trade Practices
§ 58-33-73 List of automobile glass repair companies allowed--Restrictions.

58-33-73. List of automobile glass repair companies allowed--Restrictions. Nothing in § 58-33-72 prohibits any such insurance company, insurance producer, or adjuster from providing to such insured person or entity a list that includes the names of automobile glass companies or locations, if all of the listed companies or locations are reasonably close and convenient to the insured person and if none of the listed companies or locations is affiliated with another in any way, with which arrangements may have been made in advance with respect to prices or other aspects of the furnishing of the automobile glass services or products. However, no insurance company, insurance producer, or adjuster may require, recommend, urge, or encourage use of the listed automobile glass companies or locations. If a list is provided, the insurance company, agent, or adjuster, shall make oral and written disclosure at the time of any claim reimbursable in whole or in part under the insurance policy, to the insured person that any nonlisted automobile glass company or location may be used at the insured person's sole discretion and that the insurance company will fully and promptly pay for the cost of the automobile glass replacement or repair services or products, less only any applicable deductible amount payable according to the terms of the insurance policy by the insured person, at no less than the lowest prevailing market price in the local area for similarly-situated automobile glass companies or locations providing comparable automobile glass replacement or repair services or products without taking into consideration any special arrangements offered by the listed automobile glass companies or locations. If the insured person elects to use a nonlisted automobile glass company or location, the insurance company may not impose any obligations or requirements upon the insured person, including the obtaining of written estimates, not required if the insured person elects to use a listed automobile glass company or location.

Source: SL 1992, ch 354, § 3; SL 2001, ch 286, § 209.