INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION
58-29B-1 Citation of chapter.
58-29B-3 Definition of terms.
58-29B-4 Delinquency proceedings sole and exclusive remedy--Commencement of proceedings by director.
58-29B-5 Commencement of proceedings despite lack of notice to insurer.
58-29B-6 Grounds for personal jurisdiction.
58-29B-7 Venue of proceedings.
58-29B-8 Receiver authorized to grant certain orders.
58-29B-9 Persons to cooperate in proceedings and preliminary investigations.
58-29B-10 Obstruction or interference in conduct of proceedings.
58-29B-11 Failure to cooperate--Obstruction or interference--Penalty.
58-29B-12 Directors and deputies responsible for official bonds--Source of payment.
58-29B-13 Proceedings commenced prior to enactment of chapter.
58-29B-13.1 Service of appropriate orders by director.
58-29B-14 Director's determination of continuation of business hazardous--Notification of insurer.
58-29B-15 Supervision of insurer--Appointment of supervisor--Certain acts by insurer prohibited--Costs.
58-29B-16 Insurer to comply with director's requirements--Time period--Failure to comply.
58-29B-17 Hearings--Notice and procedure.
58-29B-18 Request for hearing--Request not to stay order.
58-29B-19 Waiver of hearing--Application for judicial relief--Judicial review of order after hearing.
58-29B-20 Requests for review of supervisor's actions.
58-29B-21 Violation of supervision order--Penalty.
58-29B-22 Application for necessary orders to enforce supervision order.
58-29B-23 Violation of valid orders--Personal liability for losses suffered by insurer--Commencement of action.
58-29B-24 Authority to file petition for seizure order--Grounds.
58-29B-25 Ex parte issuance of seizure order--Costs.
58-29B-26 Duration of order--Hearing to extend, shorten or modify--Vacation of order.
58-29B-27 Entry of order not anticipatory breach of insurer's contracts.
58-29B-28 Petition for review of order--Procedure.
58-29B-29 Notice to persons not present at hearing--Effect on previously issued order.
58-29B-30 Records to remain confidential--Exceptions.
58-29B-31 Application by director for rehabilitation of insurer--Grounds.
58-29B-32 Order of rehabilitation--Contents--Effect of filing or recording--Vesting of title--Accounting required.
58-29B-32.1 Appointment of deputies--Powers and responsibilities--Employment of counsel, clerks and assistants--Compensation--Advisory committee.
58-29B-32.2 Promulgation of rules for appointing committees.
58-29B-33 Authority of rehabilitator to reform and revitalize issuer.
58-29B-34 Authority to pursue legal remedies on insurer's behalf.
58-29B-35 Rehabilitator's plan for transformation--Application and grounds for approval--Procedure upon approval.
58-29B-36 Disposition of actions in which insurer a party pending when rehabilitation order entered.
58-29B-37 Petition for appointment of rehabilitator--Suspension of statute of limitations, laches--Time period for commencement of actions ripe when petition is filed.
58-29B-38 Guaranty associations--Standing to appear in rehabilitation proceedings.
58-29B-39 Rehabilitation futile--Petition for liquidation--Effect--Court to permit directors or insurers to defend.
58-29B-40 Termination of rehabilitation--Procedure--Payment of costs.
58-29B-41 Petition for liquidation--Grounds.
58-29B-42 Order of liquidation--Contents--Title vested in liquidator--Effect of filing or recording.
58-29B-42.1 Plan for continued performance of policy claim obligations during appeal of liquidation order.
58-29B-43 Rights and liabilities fixed upon issuance of order.
58-29B-44 Order to liquidate alien insurer domiciled in state--Effect.
58-29B-45 Declaration of insurer's insolvency--Procedure.
58-29B-46 Order of liquidation--Financial reports required--Annual filing.
58-29B-47 Effect of order upon policies in effect at time of issuance.
58-29B-48 Order to dissolve corporate existence--Procedure.
58-29B-49 Powers of liquidator.
58-29B-50 Enumeration in § 58-29B-49 not exclusive.
58-29B-50.1 Obligations of liquidator subsequent to entry of liquidation order.
58-29B-51 Notice of liquidation order.
58-29B-52 Duties of claimant upon notice of liquidation.
58-29B-53 Duties of insurance producer upon notice of liquidation.
58-29B-54 Failure of insurance producer to comply with § 58-29B-53--Penalty--Liquidator's waiver of duties.
58-29B-55 Appointment of liquidator--Effect upon actions and injunctions pending against insurer or liquidator--Liquidator's right to intervene.
58-29B-56 Time periods in which liquidator may act for or institute action on behalf of insurer.
58-29B-57 Petition for liquidation--Suspension of statute of limitations, laches--Time period for commencement of actions ripe when petition filed.
58-29B-58 Guaranty associations--Standing to appear in liquidation proceedings.
58-29B-59 Liquidator to prepare list of insurer's assets--Filing requirements.
58-29B-60 Reduction of assets to appropriate degree.
58-29B-61 "Fraudulent transfers" defined--Avoidance by receiver--Acceptance or preservation of transfer.
58-29B-61.1 Liability of beneficiary of fraudulent transfer.
58-29B-62 Fraudulent transfers between insurer and reinsurer--Grounds for avoidance by receiver.
58-29B-63 Transfers of insurer's real property after petition filed--Recording of copy of petition as constructive notice.
58-29B-64 Validity of transfers after petitions filed and before receiver takes possession or order granted.
58-29B-65 No impairment of negotiability.
58-29B-66 "Preference" defined.
58-29B-67 Preference--Avoidance by liquidator.
58-29B-68 Preference voidable--Consequences.
58-29B-69 When transfer of property other than real property deemed made or suffered.
58-29B-70 When transfer of real property deemed made or suffered.
58-29B-71 Transfer creating equitable lien--Conditions prohibiting perfection.
Transfer not perfected prior to filing of petition deemed made before filing of successful petition. 58-29B-73
Sections 58-29B-69 to 58-29B-72 applicable despite certain creditors or potential bona fide purchasers. 58-29B-74
"Lien by legal or equitable proceedings upon simple contract" defined. 58-29B-75
Lien by legal or equitable proceedings--Superiority to rights of transferee. 58-29B-76
Transfer for or on account of new and contemporaneous consideration--Transfer to secure future loan--Effects. 58-29B-77
Voidable lien dissolved--Indemnifying transfer or lien deemed voidable. 58-29B-78
Property affected by voidable lien discharge--That and indemnifying property pass to liquidator--Exception. 58-29B-79
Summary jurisdiction of Hughes county circuit court--Notice--Valuation of certain property or liens--Election of transferee or lienholder. 58-29B-80
Extent of surety discharge under releasing bond or similar obligation. 58-29B-81
Preferred creditor--Setoff for new credit issued in good faith. 58-29B-82
Transfers by insurer to attorney for services within four months of filing petition--Examination by court. 58-29B-83
Conditions creating personal liability to liquidator for amount of preference. 58-29B-84
Claims of creditor who has received or acquired a voidable preference, lien, conveyance, transfer, assignment, or encumbrance. 58-29B-85
Filing of claims under § 58-29B-84. 58-29B-86
Mutual debts or credits between insurer and another set off. 58-29B-87
Setoff or counterclaim not allowed. 58-29B-88
Liquidator's report to court--Time limit--Content. 58-29B-89
Court to levy assessments--Amount. 58-29B-90
Issuance of show cause order upon failure to pay assessment. 58-29B-91
Notice of show cause order. 58-29B-92
Failure to appear and serve objections on or before return day of order--Procedure on timely appearance. 58-29B-93
Enforcement of order or judgment under § 58-29B-92. 58-29B-94
No reductions in amounts recoverable from reinsurers--Exception--Payments. 58-29B-94.1
Association election to succeed to rights and obligations of insolvent insurer under reinsurance contract--Reinsurer's liability to pay claims. 58-29B-95
No liability for unearned premiums or uncollected earned premiums before declaration of insolvency--Recovery of unearned premium representing commission--Credits or setoffs--Obligations of uninsured. 58-29B-96
Course of action upon violation of § 58-29B-95--Director's options. 58-29B-97
Notice and hearings required before impositions of penalties. 58-29B-98
Application for approval of proposal to disburse assets. 58-29B-99
Proposal to disburse assets--Contents. 58-29B-100
Amounts for disbursements to associations. 58-29B-101
Insolvent insurer writing life or health insurance or annuities--Liquidator to include disbursements to guaranty in proposal. 58-29B-102
Notice of application for approval of proposal. 58-29B-103
Filing proof of claims--Exceptions. 58-29B-104
Circumstances under which claimant making late filing may share in distributions. 58-29B-105
Certain late filing claims of guaranty association--Right to share in distributions. 58-29B-106
Treatment of late claims not covered by § 58-29B-104. 58-29B-107
Proof of claim--Contents. 58-29B-108
Failure to provide necessary information--Liquidator may require prescribed forms and additional information. 58-29B-109
Liquidator may request or otherwise obtain additional information or evidence. 58-29B-110
Judgment or order not evidence of liability or quantum of damages. 58-29B-111
Claims of guaranty associations--Form and content. 58-29B-112
Third party's claim contingent on judgment against insured--Consideration. 58-29B-113
Contingent claims allowed. 58-29B-114
Treatment of claims due except for passage of time. 58-29B-115
Claims made under employment contracts by directors or similar personnel--Limit on payment. 58-29B-116
Third party claim against insured of insurer in liquidation filed with liquidator--Insured's filing--Late filing. 58-29B-117
Allowance of insured's claim--Liquidator's recommendations to court--Sums withheld--Procedures upon allowance. 58-29B-118
Several claims founded upon one policy--Disposition--Prohibited claims. 58-29B-119
Liquidator to give written notice of denial of claim--Objections. 58-29B-120
Hearing upon objections--Notice--Referee may conduct. 58-29B-121
Creditor's claim secured by "other person"--Subrogation--Right to distribution. 58-29B-122
Valuation of security held by secured creditor. 58-29B-123
Valuation made under supervision of court--Treatment of deficiency and surrender of security. 58-29B-124
Priority and order of distribution of claims from insurer's estate. 58-29B-125
Review, investigation and negotiation of claims by liquidator--Exception--Report to court. 58-29B-126
Court approval, disapproval, or modification of report. 58-29B-127
Distributions by liquidator under court direction--Manner of payment. 58-29B-128
Disposition of unclaimed funds subject to distribution. 58-29B-129
Disposition of funds not distributed. 58-29B-130
Application for discharge. 58-29B-131
Petition to reopen proceedings for good cause. 58-29B-132
Recommendation and direction for retention or disposal of insurer's records. 58-29B-133
Audits of receivership books. 58-29B-134
Director's application to act as conservator--Grounds. 58-29B-135
Issuance of order allowing director to act as conservator--Filing--Notice imparted. 58-29B-136
Petition to liquidate assets of foreign or alien insurer. 58-29B-137
Termination of conservation of insurer. 58-29B-138
Director's application to liquidate assets of foreign or alien insurer--Grounds. 58-29B-139
Notice of orders sought under § 58-29B-134 or 58-29B-138. 58-29B-140
Order to liquidate in whatever terms court deems appropriate--Filing--Notice imparted. 58-29B-141
Domiciliary receiver, conservator, or liquidator appointed while liquidation proceeding--Duty to act as ancillary receiver. 58-29B-142
Director's application to act as receiver--Grounds. 58-29B-143
Payment of resident's claims against foreign or alien insurer. 58-29B-144
Domiciliary receiver, conservator, or liquidator of insurer domiciled in reciprocal state--Title vested--Date of vesting. 58-29B-145
Domiciliary liquidator for insurer not domiciled in reciprocal state--Title vested--Timing--Petition for conservation or liquidation. 58-29B-146
Resident claimants--With whom and when to file. 58-29B-147
Domiciliary receiver, conservator, or liquidator appointed for alien insurer--Appointment as ancillary receiver.
Court may appoint ancillary receiver on terms deemed appropriate--Filing--Notice imparted. 58-29B-149
Duties and powers of ancillary receiver when domiciliary receiver, conservator, or liquidator appointed in reciprocal state. 58-29B-150
Duties and powers of ancillary receivers, conservators, or liquidators when domiciliary liquidator appointed in this state. 58-29B-151
Director may institute proceedings under §§ 58-29B-13 to 58-29B-30. 58-29B-152
Liquidation proceeding against insurer domiciled in state--Claimants residing in foreign countries or states not reciprocal--Filing. 58-29B-153
Proof of claims of residents in reciprocal states. 58-29B-154
Proceeding in reciprocal state against domiciled insurer--Filing. 58-29B-155
Proof of claims of South Dakota residents--Elections--Procedure. 58-29B-156
Final allowance by state courts conclusive as to amount and priority. 58-29B-157
Attachment, garnishment, levy of execution prohibited during receivership, conservatorship, or liquidation proceedings. 58-29B-158
Domiciliary state's order of distribution controls claims of residents of this and reciprocal states. 58-29B-159
Owners of special deposit claims--Priority--Deficiencies in deposit. 58-29B-160
Owner of secured claim--Elections. 58-29B-161
Ancillary receiver's failure to transfer certain assets.