CHAPTER 20:06:28
FORM FILING REQUIREMENTS
Section
20:06:28:01 Filing fees -- Identification and documentation.
20:06:28:02 Repealed.
20:06:28:03 Filings by third parties.
20:06:28:04 Repealed.
20:06:28:05 Repealed.
20:06:28:06 Life and annuity filings -- Actuarial certification of rating and nonforfeiture requirements.
20:06:28:07 Property and casualty filings -- Identification -- Reference filings prohibited -- Exception.
20:06:28:08 Electronic filings.
20:06:28:09 Workers' compensation claim expenditure report required.
20:06:28:01. Filing fees -- Identification and documentation. A form filing is not considered filed for purposes of SDCL chapter 58-11 unless the following requirements are met:
(1) Any requisite retaliatory fee owed, pursuant to SDCL 58-6-70, is noted on the cover letter accompanying the forms and is paid upon receipt of the quarterly billing sent by the Division of Insurance;
(2) All required forms must be completed and filed including identification and date approved as to which other forms the form is intended to be used with, and, if applicable, a copy of the form and a cover letter which lists the forms contained in the filing, contains a general description of their intended market use, and provides the insurer's NAIC number;
(3) For purposes of an insurer making an informational filing, sufficient documentation is provided to show that the group in question is eligible for the coverage under the provisions of Title 58.
Source: 22 SDR 52, effective October 25, 1995; 30 SDR 89, effective December 9, 2003; 33 SDR 230, effective July 2, 2007.
General Authority: SDCL 58-11-63.
Law Implemented: SDCL 58-11-12, 58-11-63.
20:06:28:02. Duplicates. Repealed.
Source: 22 SDR 52, effective October 25, 1995; repealed, 33 SDR 230, effective July 2, 2007.
20:06:28:03. Filings by third parties. If an entity other than the insurer whose forms are being filed makes the filing, an authorization from the insurer must accompany the filing.
Source: 22 SDR 52, effective October 25, 1995.
General Authority: SDCL 58-11-63.
20:06:28:04. Follow-up correspondence -- Identification. Repealed.
Source: 22 SDR 52, effective October 25, 1995; repealed, 33 SDR 230, effective July 2, 2007.
20:06:28:05. Self-addressed, stamped envelope. Repealed.
Source: 22 SDR 52, effective October 25, 1995; repealed, 33 SDR 230, effective July 2, 2007.
20:06:28:06. Life and annuity filings -- Actuarial certification of rating and nonforfeiture requirements. Each life and annuity filing must contain an actuarial certification certifying that rating and nonforfeiture requirements have been met. The certification must include the certifying actuary's designation.
Source: 22 SDR 52, effective October 25, 1995.
General Authority: SDCL 58-11-63.
20:06:28:07. Property and casualty filings -- Identification -- Reference filings prohibited -- Exception. Each property or casualty filing which uses an Insurance Services Organization (ISO) form or other licensed rating organization shall include in the form number an edition date identifying the applicable month and year. A letter referring to the ISO form with its edition date may be filed without actual copies of the ISO forms to be used. Filings, commonly referred to as "me too" filings, in which an insurer makes a filing referring to another insurer's approved filing and requests approval of its use are not permitted. Reference filings are only permitted if a subscriber is using a licensed advisory organization's forms.
Source: 22 SDR 52, effective October 25, 1995.
General Authority: SDCL 58-11-63.
20:06:28:08. Electronic filings. All form filings must be submitted through the System for Electronic Rate and Form filing, SERFF. An electronic form filing must meet the requirements of this chapter only to the extent that the requirements are consistent with the electronic filing of forms. Each filing submitted to the division through SERFF may only contain forms from one Type of Insurance, (TOI). Nothing in this section exempts an insurer from the payment of retaliatory fees nor does it prohibit the division from requiring the use of a designated electronic transmission form.
Source: 22 SDR 52, effective October 25, 1995; 33 SDR 230, effective July 2, 2007.
General Authority: SDCL 58-11-63.
Law Implemented: SDCL 58-11-12, 58-11-63.
Reference: System for Electronic Rate and Form Filing, SERFF. Copies of industry manuals may be obtained from National Association of Insurance Commissioners, 2301 McGee Street, Suite 800, Kansas City, Missouri, 64108-2604, http://www.serff.org/index.htm.
20:06:28:09. Workers'
compensation claim expenditure report required. Each insurer providing
workers' compensation insurance in this state must file a workers' compensation
claim expenditure report each month before the sixteenth day of the month. The
claim expenditure report must contain all claim information relative to the
prior month's expenditures.
Source: 38 SDR
102, effective December 7, 2011.
General Authority:
SDCL 58-2-39(3), 58-3-26.
Law Implemented:
SDCL 58-1-26, 58-2-22, 58-3-7.4, 58-4-44.
