South Dakota 33 — Unfair Trade Practices
- 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 deceptivepractices.
- 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 insurancepolicies.
- 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.
- 58-33-14 — 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 notdiscrimination or rebate.
- 58-33-18 — Allowance to industrial policyholder for making payments to office of insurerpermitted.
- 58-33-19 — Readjustment of premium rate permitted for group policy based on loss orexpense 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 annuitycontracts 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 orbusinessman 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 asmisdemeanor.
- 58-33-26 — Unfair discrimination as to terms and conditions of insurance asmisdemeanor.
- 58-33-27 — Compensation to insurance producers permitted--Allowance or return ofdividends, savings, or unabsorbed premium deposits permitted.
- 58-33-28 — Repealed.
- 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 asmisdemeanor or felony.
- 58-33-37.1 — Aggregation of false claims or applications committed pursuant to one courseof 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 inevidence.
- 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 ofprovisions.
- 58-33-48 — Definition of terms.
- 58-33-49 — Unlawful advertising by unauthorized insurer as misdemeanor--Notice toinsurance 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 todefendant.
- 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 falseadvertising.
- 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 toremedy 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 repairvehicle--Consumer to be advised in writing--Estimate and disclosuredocument.
- 58-33-72 — Recommending particular automobile glass repair company prohibited--Coercion, threat, incentive, or inducement prohibited.
- 58-33-73 — List of automobile glass repair companies allowed--Restrictions.
- 58-33-74 — Gifts from insured 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 ofinformation.
- 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 byauthorized agency personnel.
- 58-33-83 — Refund of unearned premiums on canceled policy.
- 58-33-84 — Refund of unearned premiums on canceled policy due to death of insured.
- 58-33-85 — Health insurers prohibited from denying enrollment of dependent child oncertain grounds.
- 58-33-86 — Prohibitions against a health insurer from using information pertaining tomedical 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.