2020 South Dakota Codified Laws
Title 58 - Insurance
Chapter 01 - Definitions And General Provisions
Section 58-1-38 - Conditions for posting property and casualty policy or endorsement on insurer's website.
58-1-38. Conditions for posting property and casualty policy or endorsement on insurer's website.
Notwithstanding any other provision of §§58-1-27 to 58-1-39, inclusive, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's website. If the insurer elects to post an insurance policy or endorsement on the insurer's website in lieu of mailing or delivering the document to the insured, the insurer must comply with the following conditions:
(1)The policy and endorsement must be accessible as long as the policy or endorsement is in force;
(2)After the policy expires, the insurer must maintain and archive the policy and endorsement for five years after the expiration of the policy and shall make the documents available to the party on request;
(3)The insurer must post the policy and endorsement in a manner that allows the insured to print and save the policy and endorsement using a program or application that is widely available on the internet and free to use;
(4)The insurer provides the following information in, or simultaneous with each declarations page provided at the time of issuance of the initial policy and any renewals of that policy;
(a)A description of the exact policy and endorsement form purchased by the insured;
(b)A method by which the insured may obtain, upon request and without charge, a paper copy of the policy; and
(c)The internet address where the insured's policy and endorsement is posted; and
(5)The insurer provides notice, in the format preferred by the insured, of any changes to the form or endorsement, the insured's right to obtain, upon request and without charge, a paper copy of a form, and the internet address where the form and endorsement is posted.
Source: SL 2014, ch 230, §12.
