TITLE 58
INSURANCE
Chapter
01 Definitions And General Provisions
02 Division Of Insurance
03 Examination Of Insurers And Insurance Producers
04 Enforcement Powers And Proceedings
04A Insurance Fraud
05 Organization And General Powers Of Insurers
05A Insurance Holding Companies
05B Mutual Medical Malpractice Insurers
05C Mutual Legal Malpractice Insurers
06 Authority To Transact Insurance In State
06A Risk Retention Groups
07 Insurers' Deposits With State
08 Unauthorized Insurers
09 Kinds Of Insurance
10 Insurable Interest
11 Form And Contents Of Insurance Policies
11A Life And Health Policy Language Simplification
12 Insurance Claims And Benefits
13 Limit Of Risk Insured
14 Reinsurance
15 Life Insurance And Annuities
16 Group Life Insurance Policies
17 Health Insurance Policies
17A Medicare Supplement Policies
17B Standards For Long-Term Care Insurance
17C Standards For Managed Care Plans [Repealed And Transferred]
17D Standards For Utilization Review For Property And Casualty Insurers
17E Discount Medical Plans
17F Network Adequacy Standards
17G Quality Assessment And Improvements
17H Utilization Review And Benefit Determinations
17I Grievance Procedure
17J Patient Choice In Selection Of Health Care Provider
17K Health Care Cost Transparency
18 Group And Blanket Health Insurance Policies
18A Coordination Of Benefits Of Health Plans
18B Regulation Of Small Businesses' Group And Blanket Health Insurance
18C Continuation Of Health Care Coverage
19 Credit Life, Health, Unemployment And Group Property Insurance
20 Workers' Compensation Insurance
21 Surety Insurance
22 Bail Bondspersons
23 Liability Insurance
23A Medical Malpractice Insurance
24 Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations
25 Title Insurance Rates And Policies
26 Valuation Of Assets, Liabilities And Reserves
27 Loans And Investments Of Insurers
28 Separate Life Insurance And Annuity Accounts
29 Delinquency Proceedings Against Insurers [Repealed]
29A Insurance Guaranty Association
29B Insurers Supervision, Rehabilitation And Liquidation
29C Life And Health Insurance Guaranty Association
29D Regulation Of Life And Health Administrators
29E Pharmacy Benefits Management
29F Pharmacy Audit Integrity Program
30 Insurance Producers
31 Life And Health Insurance Agents [Repealed]
32 Surplus Line Insurance
33 Unfair Trade Practices
33A Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance
34 Reciprocal Insurers
35 Farm Mutual Insurers
36 Mutual Assessment Life And Health Insurers
37 Fraternal Benefit Societies [Repealed]
37A Fraternal Benefit Societies
38 Nonprofit Medical And Surgical Plans
39 Nonprofit Dental Service Plans
40 Nonprofit Hospital Service Plans
41 Health Maintenance Organizations
42 Legal Expense Insurance [Repealed]
43 Independent Audit Of Insurers
44 Broker Controlled Property And Casualty Insurance
45 Basic Health Benefit Plan [Repealed]
46 Captive Insurance Companies
47 Portable Electronics Insurance
48 Insurance Innovation Waivers
49 Interstate Insurance Product Regulation Compact
CHAPTER 58-1
DEFINITIONS AND GENERAL PROVISIONS
58-1-1 Citation of title.
58-1-2 Definition of terms.
58-1-3 Exemption from title of certain entities and transactions.
58-1-3.1 Application to business including medical, surgical, or hospital care benefits.
58-1-3.2 Direct response and mass marketing as insurance transaction.
58-1-3.3 Health care sharing ministries exempt from title.
58-1-3.4 Health benefit plan--Agricultural organization--Exemption.
58-1-4 Particular provisions prevail.
58-1-5 Compliance required.
58-1-6 58-1-6. Repealed by SL 1978, ch 359, § 1
58-1-7 Local licenses and taxes prohibited.
58-1-8 58-1-8. Temporary and executed
58-1-9 Existing certificates of authority--Renewal, suspension, revocation, or termination.
58-1-10 Existing licenses--Renewal, suspension, revocation or termination.
58-1-11 General saving clause.
58-1-12 Applicability of title under unrepealed laws.
58-1-13 Severability of provisions.
58-1-14 Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.
58-1-14.1 Notice of refusal to renew--Thirty-day delivery requirement--Exception.
58-1-15 Homeowner's insurance policy defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception.
58-1-16 Exemption of charitable gift annuity from insurance regulation--Qualified organization.
58-1-16.1 Applicability of § 58-1-16.
58-1-17 Disclosure statement for issuance of charitable gift annuity.
58-1-18 Repealed by SL 2012, ch 252, § 30.
58-1-19 Health benefit plans to issue uniform prescription drug information card--Exception--Director to prescribe format and contents.
58-1-20 Prescription drug information card to be issued upon enrollment--Reissuance.
58-1-21 Health benefit plan defined for purposes of §§ 58-1-19 to 58-1-23.
58-1-22 Applicability of §§ 58-1-19 to 58-1-23.
58-1-23 Director to enforce provisions--Promulgation of rules.
58-1-24 Definitions related to genetic testing.
58-1-25 Use of genetic tests in offer, sale, or renewal of insurance prohibited.
58-1-25.1 Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.
58-1-26 Retention of records.
58-1-27 Transmission of electronic documents--Definitions.
58-1-28 Transmission and storage of electronic documents permitted.
58-1-29 Delivery by electronic transmission equivalent to other delivery methods.
58-1-30 Conditions for transmission of electronic documents.
58-1-30.1 Transmission of electronic documents--Consent by sponsor or policyholder.
58-1-30.2 Transmission of electronic documents--Requirements for effective consent.
58-1-30.3 Transmission of electronic documents by consent--Paper notification.
58-1-30.4 Transmission of electronic documents by consent--Notice of document by electronic means.
58-1-31 Content and timing requirements unaffected.
58-1-32 Verification or acknowledgment of receipt.
58-1-33 Effect of failure to obtain electronic consent or confirmation.
58-1-34 Withdrawal of consent.
58-1-35 Documents delivered electronically before July 1, 2014.
58-1-36 Notice to parties consenting to electronic transmission before July 1, 2014.
58-1-37 Oral communications and recordings--Electronic signatures.
58-1-38 Conditions for posting property and casualty policy or endorsement on insurer's website.
58-1-39 Products and documents to which §§ 58-1-27 to 58-1-39 apply.
58-1-40 English version of policy controls--Transactions in another language permitted.
58-1-41 Policies and advertising in language other than English permitted.
58-1-42 Statement attesting that policy in language other than English is translation of policy approved by division.
58-1-43 Policy statement that dispute resolved by English version.
58-1-44 Unfair trade provisions not abrogated.
58-1-45 Alternative delivery method for policies--Record.
CHAPTER 58-2
DIVISION OF INSURANCE
58-2-1.1 Division within Department of Labor and Regulation--Direction and supervision by department--Independent functions retained by division.
58-2-2.1 Appointment of director--Removal.
58-2-3 Qualifications of director.
58-2-4 58-2-4 to 58-2-8. Obsolete.
58-2-9 Legal adviser to division--Employment--Duties.
58-2-10 Actuaries--Employment by department--Duties.
58-2-11 Examiners for examination of insurers and others--Employment by department.
58-2-12 Oath of office and bond of director--Bonds of insurance examiners, actuaries, and attorney for division--Bond premiums paid from state insurance fund.
58-2-13 Chief clerk and employees--Appointment.
58-2-14 Division personnel--Termination of employment by department.
58-2-15 Actuarial, technical, or other professional services--Department authorized to contract for on a fee or part-time basis.
58-2-16 Technical or professional personnel--Bond required, amount, approval and filing, payment of premium.
58-2-17 Compensation of personnel.
58-2-18 Additional compensation for services rendered by personnel prohibited--Misdemeanor.
58-2-19 Interests of personnel in insurance transactions prohibited--Misdemeanor.
58-2-20 Procurement of loan secured by mortgage on real estate permitted to division personnel.
58-2-21 Enforcement of provisions of this title.
58-2-22 Power and authority of director--Examinations and investigations.
58-2-23 Additional powers and duties of director provided by other laws.
58-2-24 Delegation of powers by director.
58-2-25 58-2-25. Repealed by SL 1978, ch 359, § 10.
58-2-26 Records--Keeping by director--Public inspection.
58-2-27 Director's certificate of authority--Evidence.
58-2-28 Certified copies of records in office of director as evidence.
58-2-29 Fees, licenses, and charges--Collection by director in advance.
58-2-30 Disposition of money received by director.
58-2-31 Repealed by SL 2012, ch 252, § 31.
58-2-32 58-2-32 to 58-2-38. Repealed by SL 1996, ch 288, §§ 1 to 7.
58-2-39 Promulgation of rules regarding definitions, enrollment, disclosure, notice, claims, and records.
58-2-40 Promulgation of rules to protect privacy of medical records.
58-2-41 Promulgation of rules to protect privacy of personal nonpublic financial information--Applicability--Construction.
CHAPTER 58-3
EXAMINATION OF INSURERS AND INSURANCE PRODUCERS
58-3-1 Examination of insurers--Scope.
58-3-1.1 Company defined.
58-3-2 Examination of alien insurer--Limited extent.
58-3-3 Applicant for initial certificate of authority to do insurance business in state--Examination by director.
58-3-3.1 Examination assessment fee--Insurance examination fund established for proceeds.
58-3-3.2 Payments from insurance examination fund.
58-3-3.3 Reimbursement to agents involved with insurance examinations--Insurer reimbursements.
58-3-3.4 Application of examination fund to farm mutual insurers and captive insurance companies.
58-3-4 Examination of foreign or alien insurer or rating organization by insurance supervisory official of another state--Examination by director unnecessary--Accreditation of examiner.
58-3-5 Examination of agents, managers, and promoters.
58-3-6 Place where examination conducted.
58-3-7 Information to be available--Cooperation of persons being examined.
58-3-7.1 Observance of guidelines and procedures by examiner.
58-3-7.2 Penalty upon refusal to submit to examination--Suspension, refusal of, or nonrenewal of, license.
58-3-7.3 Examination under oath--Authority of director or examiner.
58-3-7.4 Insurer's claim files subject to examination--File maintenance requirements.
58-3-8 Examination disclosing inadequate records--Correction of accounts.
58-3-9 Valuation of real estate involved in examination--Appraisers, appointment, prompt appraisal, report--Expense of appraisal, liability of person examined.
58-3-10 Examination reports required.
58-3-11 Contents of examination reports.
58-3-12 Examination reports--Copy to company examined--Review by director--Order.
58-3-12.1 Examinations other than financial examinations--Examination report--Optional or mandatory.
58-3-12.2 Market conduct examination--Draft examination report.
58-3-12.3 Draft examination report not governed by §§ 58-3-10 to 58-3-18.
58-3-12.4 Confidentiality of draft examination report.
58-3-13 Filed examination report admissible in evidence.
58-3-14 Withholding of report from public inspection.
58-3-15 Expenses of examination paid by person examined.
58-3-16 58-3-16. Repealed by SL 1977, ch 404, § 3
58-3-17 Order adopting examination report as final decision--Service--Affidavit of receipt.
58-3-18 Confidential investigative hearing--Inconsistencies in examination report.
58-3-19 Conducting hearing--Discovery.
58-3-20 Use of information discovered during examination for legal or regulatory action.
58-3-21 Disclosure of contents of examination report to insurance department or law enforcement agencies--Confidentiality.
58-3-22 Confidentiality of disclosed information--Exceptions--Access by National Association of Insurance Commissioners.
58-3-23 Preclusion of examiner--Grounds.
58-3-24 Liability of director or examiner--Liability for communicating or delivering information--Intent.
58-3-25 Implementation of examination report's recommendations.
58-3-26 Promulgation of rules for examination.
58-3-27 Application of chapter.
58-4-1
Repealed.
58-4-2 to 58-4-4.
Repealed.
58-4-5
Enforcement proceedings instituted by director.
58-4-6
Proceedings instituted by director--Legal representation.
58-4-7
Cease and desist order to prevent violations of title--Injunction.
58-4-8
Repealed.
58-4-9
Hearings by director--Purpose.
58-4-10 to 58-4-14.
Repealed.
58-4-15
Orders and notices of director required to be in writing--Signature.
58-4-16
Order of director--Effective date--Contents.
58-4-17
Service of orders and notices of director.
58-4-18
Prosecution of action for enforcement of director's order.
58-4-19 to 58-4-24.
Repealed.
58-4-25
Formal rules of pleading or evidence not observed at director's hearing.
58-4-26 to 58-4-28.
Repealed.
58-4-28.1
Money penalty in lieu of license suspension or other action--Hearing.
58-4-29 to 58-4-38.
Repealed.
58-4-39
Standards for determining hazardous financial condition.
58-4-40
Authority of director in determining insurer's financial condition.
58-4-41
Director's order to hazardous insurer.
58-4-42
Hearings on director's orders.
58-4-43
Application of hazardous insurer provisions.
58-4-44
Investigation of insurance business--Withholding report from public
inspection--Timely completion--Notice of closing investigation or final action.
58-4-45
Confidentiality of certain documents.
58-4-46
Liability for release of information.
58-4-47
Sharing and use of confidential information with other regulatory officials--Cooperation with National Association of Insurance Commissioners.
58-4-48
Minimum levels of risk-based capital required--Administrative rules.
58-4-49
Disclosure of status, existence, or outcome of investigation or examination.
58-4-50
Definitions.
58-4-51
Confidentiality of list of premium taxpayers--Violation as misdemeanor.
58-4-52
Confidentiality of premium tax return and return information--Violation as
misdemeanor.
58-4-53
Disclosure of premium tax return and information to taxpayer.
58-4-54
Disclosure of premium tax return and return information in judicial or
administrative proceeding.
58-4A-1
Definition of terms.
58-4A-2
Fraudulent insurance acts--Certain violations as misdemeanor--Certain violations as
felony.
58-4A-3
Powers of insurance fraud prevention unit.
58-4A-4
Insurance fraud prevention unit--Purpose--Composition.
58-4A-5
Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution.
58-4A-6
Unit investigators--Qualifications--Powers--Costs of investigation.
58-4A-7
Civil penalties--Disposition of penalties collected--Civil action in lieu of criminal
prosecution.
58-4A-8
Operational costs of unit.
58-4A-9
Expenses recoverable--Disposition of recovered costs--Compensation to person in
interest.
58-4A-10
Consent agreement not prohibited.
58-4A-11
Unit governed by chapter.
58-4A-12
Records and files confidential--Investigator not subject to subpoena in civil matter--Exceptions.
58-4A-13
Immunity for persons furnishing information in good faith--Costs assessed against
person acting not in good faith--Other privileges and immunities not abrogated.
58-4A-14
Insurance fraud prevention unit fund--Assessment of insurers--Conditions--Failure
to pay as grounds for administrative action.
58-4A-15
Limitations of chapter.
58-4A-16
Annual report to Legislature--Contents.
58-4A-17
Insurer to reevaluate rates for possible reduction in light of impact of fraud
prevention.
CHAPTER 58-5
ORGANIZATION AND GENERAL POWERS OF INSURERS
58-5-1 Scope of chapter.
58-5-2 Stock insurer defined.
58-5-3 Mutual insurer defined.
58-5-4 Applicability of corporation laws.
58-5-5 Incorporation of stock and mutual insurers.
58-5-6 Incorporators--Number and qualifications.
58-5-6.1 Domestication of foreign company--Requirements and procedure.
58-5-7 Articles of incorporation--Execution and acknowledgment--Contents.
58-5-8 Articles of incorporation delivered to director with filing fees--Examination and approval by attorney general, return to director.
58-5-9 Distribution of copies of approved articles.
58-5-10 Disapproval of articles by attorney general--Statement of reasons--Returned to incorporators.
58-5-11 Amendment of articles of incorporation--Submission and filing.
58-5-12 Bond required of mutual insurer before soliciting applications for insurance--Filing by incorporators--Amount, conditions.
58-5-13 Deposit by incorporators of mutual insurer in lieu of bond--Amount.
58-5-14 Duration of bond or deposit by mutual insurer.
58-5-15 Commencement of solicitation by mutual insurer.
58-5-16 Temporary insurance producer's licenses for solicitation of applications for mutual insurance--Issuance by director.
58-5-17 Applications for mutual insurance--Signature by applicant, coverage.
58-5-18 Applications for mutual insurance--Contents.
58-5-19 Trust deposit of premiums or fees collected by mutual insurer on qualifying applications.
58-5-20 Transaction of business without certificate of authority as misdemeanor.
58-5-21 Insurance applications and surplus required for original certificate of authority to domestic mutual insurer.
58-5-22 Expendable surplus funds required of domestic mutual insurer.
58-5-23 Determination by director as to weight to be given to insurance plans.
58-5-24 Cessation of corporate powers upon failure of mutual insurer to secure certificate of authority--Return of trust deposit.
58-5-25 Issuance of certificate of authority to domestic mutual insurer--Funds in trust deposit become funds of insurer--Delivery of policies--Effective date of policies.
58-5-26 Authorization of domestic mutual insurer to transact additional kinds of insurance.
58-5-27 Membership of policyholders in domestic mutual insurer--Reinsurance contract excepted.
58-5-28 Eligibility to membership in domestic, foreign, or alien mutual insurer.
58-5-29 Contingent liability of members of mutual insurer--Exception.
58-5-30 Contingent liability of member of mutual insurer not terminated by termination of policy.
58-5-31 Unrealized contingent liability of members of mutual not an asset of insurer.
58-5-32 Levy of assessment by mutual insurer for contingent liability.
58-5-33 Amount of assessment by mutual insurer.
58-5-34 Computation of assessment levied by mutual insurer.
58-5-35 Offsets not allowed against assessment by mutual insurer.
58-5-36 Lien of mutual insurer for levy of assessment for contingent liability.
58-5-37 Extinguishment of contingent liability--Issuance of nonassessable policies--Revocation of authority.
58-5-38 Extinguishment of contingent liability must apply to all members and policies.
58-5-39 Bylaws of domestic mutual insurer--Adoption, modification, and revocation.
58-5-40 Meetings of members of domestic mutual insurer--Time, notice, quorum, and conduct.
58-5-41 Voting rights of members of domestic mutual insurer.
58-5-42 Directors of domestic mutual insurer--Number, qualifications, election, terms of office, and powers.
58-5-43 Officers of domestic mutual insurer--Number, designation, election, and terms of office--Powers and duties.
58-5-44 Funds of domestic mutual insurer--Deposit, custody, disbursement, and accounting.
58-5-45 Management of domestic mutual insurer.
58-5-46 Certified copy of bylaws and amendments of domestic mutual insurer filed with director--Disapproval by director, grounds.
58-5-47 Bylaws of domestic stock insurer--Adoption, modification, and revocation.
58-5-48 Bylaws of domestic stock insurer subject to approval of director.
58-5-49 Equity securities of domestic stock insurer--Rules and regulations as to solicitation of proxies, consents, and authorities--Adoption and promulgation.
58-5-50 Annual meetings of stockholders or members--Election of directors--Reports of officers of insurer as to affairs--Transaction of other business--Notice of meeting.
58-5-51 Special meetings of stockholders or members--Calling by board of directors--Notice.
58-5-52 Special meetings of stockholders or members called by secretary on request of directors, stockholders, or members--Failure of secretary to issue call.
58-5-53 Stockholder or member compelling board of directors to call annual meeting.
58-5-54 Place for holding meetings of stockholders or members--Waiver.
58-5-55 Meetings of stockholders or members--Organization for transaction of business, quorum required.
58-5-56 Amendment of articles of incorporation at meeting of stockholders or members--Notice of meeting.
58-5-57 Reduction of capital of stock insurer--Disapproval by director, grounds.
58-5-58 Directors of domestic insurer--Number--Management of affairs of insurer.
58-5-59 Election of directors of domestic insurer--Qualifications.
58-5-60 Directors of domestic insurer--Terms of office.
58-5-61 Pecuniary interest of officer, director, committee member, or employee of domestic insurer in transactions with insurer prohibited--Misdemeanor.
58-5-62 Guarantee by insurer of any financial obligation of its officers, directors, stockholders, or members prohibited.
58-5-63 Policy holding not a prohibited pecuniary interest.
58-5-64 Stock ownership not a prohibited pecuniary interest.
58-5-65 Other permitted pecuniary interest of director, officer, or employee of insurer.
58-5-66 Compensation of officers and employees of domestic insurer.
58-5-67 Pensions to officers and directors of domestic insurers.
58-5-68 Equity security defined.
58-5-69 Statement of ownership of insurance company filed with director--Change of ownership, time for statement.
58-5-70 Short sales by insider as misdemeanor--Delivery of securities sold, when required.
58-5-71 Profits from insider security transactions accruing to company.
58-5-72 Suit to recover insider profits accruing to company.
58-5-73 Exemption from insider trading restrictions.
58-5-74 Registered and closely held securities exempt from insider trading restrictions.
58-5-75 Brokers and market specialists exempt from insider trading restrictions.
58-5-76 Arbitrage transactions exempt from insider trading restrictions.
58-5-77 Rules and regulations on insider trading.
58-5-78 Nonliability for insider trading acts in good faith in conformity with rule or regulation.
58-5-79 Management of domestic insurers during national emergency--Continuity, means for facilitating.
58-5-80 Bylaws to cover management during national emergency.
58-5-81 Quorum of directors during national emergency--Filling vacancies in board.
58-5-82 Vice-presidents acting as directors during national emergency--Insufficient number of vice-presidents, appointment of directors by insurance director.
58-5-83 Succession to office during national emergency.
58-5-84 Principal place of business during national emergency.
58-5-85 Domestic insurers--Management and exclusive agency contracts, filing with and approval by director--Violation as misdemeanor.
58-5-86 Domestic insurer--Management and exclusive agency contracts, disapproval by director, grounds.
58-5-87 Domestic insurer--Management and exclusive agency contracts, time for disapproval by director--Disapproval in writing, statement of grounds.
58-5-88 Repealed by SL 2012, ch 252, §§ 32 to 36.
58-5-93 Location of home office and principal place of business of domestic insurers--Records maintained.
58-5-94 Assets of domestic insurer to be maintained in state--Exceptions.
58-5-95 Director's consent required for removal of records or assets from state--Unauthorized removal or concealment as felony.
58-5-96 Delinquency proceedings by director for removal or attempted removal of records or assets of domestic insurer.
58-5-97 Branch offices established by domestic insurer--Transmission of funds outside state--Deposits under custodial arrangements.
58-5-98 Prior maintenance by domestic insurer of branch or regional place of business or home office outside state not invalidated.
58-5-99 Reciprocating state defined.
58-5-100 Solicitation by domestic insurer in reciprocating state in which it has no license prohibited.
58-5-101 Advertising through publications and broadcasts originating outside reciprocating state not prohibited.
58-5-102 Insurance in reciprocating state under contracts issued in state in which licensed not prohibited--Policies issued as an unauthorized insurer permitted under laws of reciprocating state not prohibited.
58-5-103 Suspension or revocation of certificate of authority for violation by domestic insurer.
58-5-104 Participating policies--Issuance authorized by articles of domestic insurer--Nondiscrimination between policyholders.
58-5-105 Continued issuance of participating policies without authorization in articles.
58-5-106 Dividends on participating policies not contingent on renewal premiums.
58-5-107 Participating policyholder as member.
58-5-108 Borrowed surplus of domestic stock or mutual insurer--Agreement to repay, interest.
58-5-109 Approval of loan and agreement by director--Disapproval of proposed loan or agreement, grounds.
58-5-110 Legal liabilities of insurer on borrowed funds--Disclosure in financial statement.
58-5-111 Repayment of loan by domestic insurer.
58-5-112 Provisions as to borrowed surplus inapplicable to loans in ordinary course of business or secured by pledge or mortgage.
58-5-113 Illegal dividends--Revocation or suspension of certificate of authority.
58-5-114 Impairment of capital or surplus of domestic stock or mutual insurer--Determination of amount of deficiency by director--Notice to insurer.
58-5-115 Curing impairment of capital or surplus.
58-5-116 Assessment of stockholders to cure impairment of capital or surplus--Enforcement.
58-5-117 Levy of assessment by mutual insurer to cure deficiency.
58-5-118 Officers and directors permitting new business during impairment of capital or surplus--Liability for losses.
58-5-119 Failure to cure deficiency, insurer deemed insolvent--Delinquency proceedings.
58-5-120 Bulk reinsurance by domestic stock insurer--Agreement, filing with and approval by director.
58-5-121 Approval by director of bulk reinsurance agreement--Disapproval.
58-5-122 Compensation for promoting bulk reinsurance prohibited.
58-5-123 Bulk reinsurance by mutual insurer--Agreement, filing with and approval by director.
58-5-124 Members of domestic mutual insurer voting on bulk insurance, requirement by director--Calling of meeting, notice--Limited rights of members of life insurer to vote.
58-5-125 Bulk reinsurance by domestic mutual insurer in stock insurer--Payments to members.
58-5-126 Approval by director of bulk reinsurance by mutual insurer--Disapproval--Notice.
58-5-127 Compensation for promoting bulk reinsurance by mutual insurer.
58-5-128 Merger or consolidation of stock insurers.
58-5-129 Stock acquisition plan deemed merger--Approval required.
58-5-130 Compensation for promoting merger or consolidation of stock insurers.
58-5-131 Filing and hearing on consolidation or merger plan--Grounds for disapproval.
58-5-132 Participation by other states in hearing on merger or consolidation.
58-5-133 Disapproval of merger or consolidation--Notice to insurer.
58-5-134 Merger or consolidation of mutual insurers--Procedure.
58-5-135 Members of mutual insurer voting on merger or consolidation--Procedure--Limited right of members of life insurer.
58-5-136 Provisions applicable to mutual mergers and consolidations.
58-5-137 58-5-137. Repealed by SL 1983, ch 371, § 3
58-5-138 Conversion of mutual to stock insurer restricted.
58-5-138.1 Compensation of officer, insurance producer, or employee of converting mutual insurer prohibited.
58-5-139 Liquidation of domestic mutual insurer--Distribution of remaining assets to members.
58-5-140 Distributive share of each member on liquidation of mutual insurer--Classification of policies.
58-5-141 58-5-141, 58-5-142. Repealed by SL 1994, ch 372, §§ 1, 2
58-5-143 Disclosure of certain material transactions required--Filing a report.
58-5-144 Confidentiality of disclosure report.
58-5-145 Exception from disclosure requirement--"Material acquisition" defined.
58-5-146 Types of asset acquisitions subject to chapter.
58-5-147 Types of asset dispositions subject to chapter.
58-5-148 Information required in report of material acquisition or disposition of assets.
58-5-149 Determining whether to report acquisitions on a nonconsolidated or consolidated basis.
58-5-150 Materiality of nonrenewals, cancellations or revisions.
58-5-151 Reporting material nonrenewal, cancellation or revision.
58-5-152 Required information in reporting material nonrenewal, cancellation, or revision.
58-5-153 Determining whether to report material nonrenewals, cancellations, or revisions on a nonconsolidated or consolidated basis.
58-5-154 "Qualified education loan insurer" defined.
58-5-155 Qualified education loan insurer subject to Title 58--Exceptions.
58-5-156 Investment of funds by qualified education loan insurer--Limitations--Permitted rating categories.
58-5-157 Investment of funds in securities.
58-5-158 Subsidiary investment to be counted as admitted asset.
58-5-159 Applicability of federal Bankruptcy Code.
58-5-160 Additional exemptions or exemption authority.
58-5-161 Definitions for §§ 58-5-161 through 58-5-171.
58-5-162 Corporate governance disclosure--Requirements and limitations.
58-5-163 Submission of disclosure--Requirement.
58-5-164 Information provided with disclosure--Appropriate corporate level.
58-5-165 Duplicate information not required--Documentation.
58-5-166 Content and maintenance--Promulgation of Rules.
58-5-167 Disclosure documents and other information--Confidential and privileged--Exempt from public record--Permitted uses.
58-5-168 Disclosure documents and other materials--Testimony prohibited.
58-5-169 Disclosure documents and other materials--Information sharing and receiving.
58-5-170 Disclosure review--Expert assistance.
58-5-171 Disclosure information--Access by National Association of Insurance Commissioners--Requirements.
CHAPTER 58-5A
INSURANCE HOLDING COMPANIES
58-5A-1 Definitions.
58-5A-2 Domestic insurer defined.
58-5A-3 Acquisition of control of or merger with domestic insurer--Information statement required--Approval by director required--Violation as misdemeanor.
58-5A-3.1 Divestiture of controlling interest in domestic insurer--Notice to director and insurer.
58-5A-4 Contents of information statement--Violation as misdemeanor.
58-5A-5 Information statement required of partners or members of syndicate or group--Violation as misdemeanor.
58-5A-6 Information required of corporations, officers, directors and certain owners of voting securities--Violation as misdemeanor.
58-5A-7 Amendment of information statement--Violation as misdemeanor.
58-5A-8 Federal or state registration statements utilized in furnishing information.
58-5A-9 Approval by director of acquisition or merger--Grounds for disapproval.
58-5A-9.1 Disapproval of dividends or distributions for violation--Order of supervision.
58-5A-10 Time of hearing--Notice.
58-5A-10.1 Request for public hearing on consolidated basis.
58-5A-11 Procedure at hearing--Evidence admissible.
58-5A-11.1 Cost of hearing officer--Retention of various experts at acquiring person's expense.
58-5A-12 Time for director's determination after hearing.
58-5A-13 Statements and notices mailed to shareholders--Expenses of mailing--Security required.
58-5A-14 58-5A-14. Repealed by SL 1992, ch 341, § 42
58-5A-15 Mergers and consolidations exempt from information and approval requirements.
58-5A-16 Acquisitions exempt from information and approval requirements by order of director.
58-5A-17 58-5A-17. Repealed by SL 1990, ch 158, § 19
58-5A-18 Acquisition, divestiture, or merger without approval as misdemeanor.
58-5A-19 Jurisdiction of court in Hughes County--Director as attorney for service of process.
58-5A-20 Registration of subsidiary insurer--Time for registration--Statement required of foreign insurer.
58-5A-21 Form and contents of registration statement.
58-5A-22 Initial and annual registration fees.
58-5A-23 Disclosure of immaterial information not required.
58-5A-24 Report of changes required of registered insurer.
58-5A-25 Termination of registration.
58-5A-26 Consolidated registration statement or report by affiliated insurers.
58-5A-27 Registration by insurer on behalf of affiliated insurer.
58-5A-28 Insurer exempt from registration requirements on order of director.
58-5A-29 Disclaimer of affiliation--Contents--Procedure on disallowance.
58-5A-29.1 Annual enterprise risk report.
58-5A-30 Failure to file registration statement or enterprise risk report--Penalty--Waiver.
58-5A-31 Registration requirements satisfied by duplicate copies of federal filings.
58-5A-32 Standards for material transactions by registered insurers with affiliates--Nonconformity.
58-5A-33 58-5A-33. Repealed by SL 1990, ch 158, § 26
58-5A-34 Adequacy of insurer's surplus--Factors considered.
58-5A-35 Notice to director of extraordinary distribution--Approval by director.
58-5A-36 Application for approval of extraordinary distribution--Contents.
58-5A-37 Examination of insurers and affiliates.
58-5A-38 Grounds for director's examination.
58-5A-38.1 Production of records, books, and other information.
58-5A-38.2 Examination of registered insurer's affiliates to obtain information.
58-5A-39 Personnel employed by department for conduct of examination.
58-5A-40 Insurer to pay expense of examination.
58-5A-41 Confidentiality of information in possession or control of Division--Use in regulatory or legal action--Grounds for publication by director.
58-5A-41.1 Testimony in private civil action concerning confidential information prohibited.
58-5A-41.2 Certain sharing of confidential information permitted.
58-5A-41.3 Agreements regarding sharing of confidential information.
58-5A-41.4 Information in possession or control of NAIC or third-party consultant confidential.
58-5A-41.5 Confidentiality not waived by disclosure of information.
58-5A-42 58-5A-42. Repealed by SL 1978, ch 359, § 3
58-5A-43 Acquisition of subsidiaries--Limitations.
58-5A-44 Disposition of investment in subsidiary upon cessation of control--Waiver.
58-5A-45 Pre-acquisition notification--Person defined.
58-5A-46 Acquisition and Involved insurer defined--Limited application.
58-5A-47 Application of §§ 58-5A-46 to 58-5A-53--Exceptions.
58-5A-48 Pre-acquisition notification--Contents--Waiting period.
58-5A-49 Action by director when acquisition lessens competition--Promulgation of rules establishing competitive standards.
58-5A-50 Acquisitions subject to order under § 58-5A-69.
58-5A-51 Plan for limiting anticompetitive impact of acquisition--Time limit.
58-5A-52 Fine, suspension, or revocation for violation of cease and desist order.
58-5A-53 Failure to comply with filing requirements--Fine.
58-5A-54 Report of dividends and distributions to shareholders--Time limit.
58-5A-55 Persons subject to registration to provide complete and accurate information to insurer.
58-5A-56 Notification to director of certain transactions required.
58-5A-57 Transactions entered into to avoid director's review prohibited.
58-5A-58 Considerations in decision to approve or disapprove transactions.
58-5A-59 Notification to director of certain investments into one corporation.
58-5A-60 Certain securities not to be voted at shareholder's meeting--Application for injunction.
58-5A-61 Petition to seize or sequester voting securities acquired in violation of chapter.
58-5A-62 Violations by officers subject to fine--Determining amount of fine.
58-5A-63 Transactions or contracts entered into without approval--Cease and desist order by director.
58-5A-64 Criminal proceedings for violation committed knowingly--Fine.
58-5A-65 False statements, reports, or filings as felony.
58-5A-66 Order for conservation, liquidation, or rehabilitation--Distribution and recovery--Liability.
58-5A-67 Suspension, revocation, or refusal to renew license for violation.
58-5A-68 Stay of director's action upon appeal to circuit court.
58-5A-69 Order by director upon violation of standards--Cease and desist--Denial of license.
58-5A-70 Promulgation of rules by director.
58-5A-71 Application of §§ 58-5A-60 and 58-5A-61.
58-5A-72 Ownership situs of voting securities.
58-5A-73 Additional investments by domestic insurer.
58-5A-74 Determining whether investments meet applicable requirements.
58-5A-75 Investments subject to chapter 58-27.
58-5A-76 Application to insurer not a member of same holding company.
58-5A-77 Dividends paid from earned surplus--Exclusions--Promulgation of rules for ordinary dividends.
58-5A-78 Director's participation in supervisory college to determine insurer compliance.
58-5A-79 Expenses of director's participation in supervisory college.
58-5A-80 Director's participation in supervisory college with other regulators.
58-5A-80.1 Internationally active insurance group--Supervision.
58-5A-80.2 International active insurance group--Group-wide supervisor determination.
58-5A-80.3 Internationally active insurance group--Group-wide supervisor acknowledgment.
58-5A-80.4 Group-wide supervisor--Information for determination.
58-5A-80.5 Group-wide supervisor--Director supervision--Permitted activities.
58-5A-80.6 Group-wide supervisor--Director cooperation.
58-5A-80.7 Information sharing.
58-5A-80.8 Promulgation of rules.
58-5A-80.9 Reasonable expenses.
58-5A-81 Maintenance of risk management framework.
58-5A-82 Regular conduct of ORSA.
58-5A-83 Submission of ORSA summary report or comparable reports to division.
58-5A-84 ORSA summary report requirements.
58-5A-85 Exemption from requirements.
58-5A-86 Requirements where insurer or insurer's group does not qualify for exemption.
58-5A-87 Insurer's application for waiver.
58-5A-88 One year period to comply with requirements following loss of qualification for exemption.
58-5A-89 Conditions under which director may require maintenance of risk management framework, conduct of ORSA, and filing of ORSA summary report.
58-5A-90 Confidentiality of information submitted to division.
58-5A-91 Powers and duties of director regarding ORSA.
58-5A-92 Sharing of information and documents by director--Confidentiality.
58-5A-93 Promulgation of rules regarding ORSA.
58-5A-94 Group capital calculation--Annual filing required--Promulgation of rules.
58-5A-95 Group capital calculation--Annual filing exemptions.
58-5A-96 Group capital calculation required.
58-5A-97 Liquidity stress test framework--Scope criteria--Promulgation of rules.
58-5A-98 Confidentiality of group capital calculation and liquidity stress test.
58-5A-99 Insurer disclosure of certain confidential information permitted--Response to false or inappropriate statements.
58-5A-100 Deposit or bond required for insurer in hazardous financial condition.
58-5A-101 Insurer records and data held by affiliate--Property of insurer.
58-5A-102 Premiums--Property of insurer.
58-5A-103 Affiliate of certain domestic insurers--Jurisdiction of insurer's appointees.
58-5B-1
Definition of terms.
58-5B-2
Malpractice insurance contracts among health care providers.
58-5B-3
Incorporation of mutual malpractice insurers--Conflict of laws.
58-5B-4
Number of insurance applications required before certificate issued to mutual insurer.
58-5B-5
Admission of foreign insurer to solicit applications and do business in state--Reports--Taxation--Supervision.
58-5C-1
Definition of terms.
58-5C-2
Malpractice insurance contracts among attorneys.
58-5C-3
Incorporation of mutual malpractice insurers--Conflict of laws.
58-5C-4
Number of insurance applications required before certificate issued to mutual insurer.
58-5C-5
Admission of foreign insurer to solicit applications and do business in state--Reports--Taxation--Supervision.
CHAPTER 58-6
AUTHORITY TO TRANSACT INSURANCE IN STATE
58-6-1 Certificate of authority required for transaction of insurance business--Exceptions--Violation as misdemeanor.
58-6-2 Solicitation of insurance or transacting business in another state by insurer in this state without certificate of authority prohibited--Misdemeanor.
58-6-3 Preemption of field of insurance regulation by state--Licensing by political subdivisions prohibited.
58-6-4 Activities excepted from certificate of authority requirements.
58-6-5 Foreign insurer--Investments in state without a certificate of authority.
58-6-6 Eligibility of insurer for certificate of authority.
58-6-7 Eligibility of insurer for certificate of authority--Necessity for maintenance of required reserves.
58-6-8 Denial of authority to engage in business when contrary to public interest--Denial when managed by unqualified personnel--Affiliates.
58-6-9 Continuance of authorization of prior authorized mutual and stock insurers--Participating policyholders--Quorum--Proxies--Issuance of nonvoting participating policies.
58-6-10 Governmentally owned insurers prohibited--Exceptions.
58-6-11 Readmission to state as an authorized insurer--Requirements--Payment of back premium taxes.
58-6-12 Unauthorized insurers--Application of insurer violating insurance laws for authority to transact insurance in state--Payment of back premium taxes.
58-6-13 Foreign insurance companies--Compliance with requirements for admissions to do business in state--Waiver.
58-6-14 Use of deceptively similar name prohibited.
58-6-15 Use of deceptively similar name by life insurer prohibited for ten years.
58-6-16 Use of name deceptively similar to name of foreign insurer prohibited.
58-6-17 Name tending to deceive or mislead as to type of organization of insurer prohibited.
58-6-18 Prevention of confusing similarity of names by director.
58-6-19 Combination of insuring power of one insurer--Exception.
58-6-20 Life insurer--Kinds of business authorized, exception.
58-6-21 Reciprocal insurer--Transaction of life or title insurance prohibited.
58-6-22 Title insurer--Transaction of other insurance prohibited.
58-6-23 Paid-in capital and surplus requirements for certificate of authority.
58-6-24 Determination of capital and surplus requirements for certificate of authority.
58-6-25 Additional types of insurance--Request for authority to transact within three years after issuance of initial certificate--Basic surplus or additional surplus required.
58-6-26 Surplus to qualify to transact one or more kinds of insurance by domestic mutual and reciprocal insurers--Laws governing.
58-6-27 Continuation of authority of insurer holding prior certificate--Maintenance of capital stock or surplus requirements.
58-6-28 Additional kinds of insurance authorized for insurer holding prior certificate--Capital and surplus requirements.
58-6-29 Annuities--Granting by life insurer without additional capital or surplus.
58-6-30 Health insurer issuing insurance against congenital defects without additional capital or surplus.
58-6-31 Casualty insurer transacting health insurance without additional capital or surplus.
58-6-32 Property insurer including additional kinds of insurance without additional capital or surplus.
58-6-33 Deposit by all insurers--Exceptions.
58-6-34 Deposits through director--Purpose--Amounts required--Deposits in other states in lieu of deposit with director.
58-6-35 Deposits of foreign or alien insurers in another state--Quality of cash or securities.
58-6-36 Deposit of title insurer--Amount required.
58-6-37 Deposit of title insurer as guaranty fund--Purpose.
58-6-38 Application for initial certificate of authority--Documents accompanying.
58-6-39 Service of process through director.
58-6-40 Time for approval or disapproval of original certificate--Extension--Failure to disapprove deemed approval.
58-6-41 Kinds of insurance specified in certificate--Limitations within class.
58-6-42 Annual reissuance of certificate not required--Annual renewal fee--Expiration of certificate.
58-6-43 Foreign insurer exempt from foreign corporation laws.
58-6-44 Refusal to renew or suspension or revocation of certificate, grounds.
58-6-45 Hearing required on refusal to issue, suspension or revocation of certificate.
58-6-46 Grounds for refusal to renew, suspension, or revocation of certificate.
58-6-47 Suspension or revocation of certificate after hearing, grounds.
58-6-48 Suspension of certificate on commencement of delinquency proceedings.
58-6-49 Order of suspension, revocation, or refusal to renew certificate--Replacement of policies.
58-6-50 Notice to insurance producers of suspension, revocation, or refusal to renew certificate--Insurance Producers' authority.
58-6-51 Publication of notice of suspension, revocation, or refusal to renew certificate of authority.
58-6-52 Duration of suspension of certificate of authority--Rescission or shortening.
58-6-53 Rights and obligations of insurer during suspension.
58-6-54 Reinstatement of certificate of authority which has not terminated where cause for suspension no longer exists.
58-6-55 Reinstatement of authority of insurance producers--Notice to insurer and insurance producers.
58-6-56 Suspension, revocation, or refusal to renew certificate because of deficiency of assets or impairment of capital or surplus--Cessation of business in state.
58-6-57 Failure to notify or continuation of business after notice as felony.
58-6-58 Impairment of assets, capital, or surplus--Suspension, revocation, or refusal to renew certificate of authority--Rehabilitator or receiver of insurer not required to notify agents.
58-6-59 Liability of officers and directors of impaired insurers.
58-6-60 Notice to insurer and insurance producers of refusal, suspension, or revocation of certificate.
58-6-61 Suspension or revocation of authority of insurance producers--Notice by director.
58-6-62 58-6-62 to 58-6-64. Repealed by SL 2007, ch 285, §§ 1 to 3.
58-6-65 58-6-65, 58-6-66. Repealed by SL 2010, ch 241, §§ 4, 5.
58-6-67 Superseded.
58-6-68 Insurers subject to taxation--Filing of returns and reports--Exemption of qualified pension, annuity, or profit-sharing plans.
58-6-69 Report and payment of tax by surplus line brokers.
58-6-70 Retaliatory tax provisions--Exception.
58-6-71 Exemption from retaliatory tax provisions.
58-6-72 Domicile of alien insurer for retaliatory tax purposes.
58-6-73 Domicile of Canadian insurer for retaliatory tax purposes.
58-6-74 Dissolution or retirement of insurer during year--Filing of reports and collection of taxes not defeated.
58-6-75 Annual and quarterly statement of financial condition of insurer--Filing with director--Form and contents--Timeliness of filing.
58-6-76 Summary of statement of financial condition of insurer--Publication by director.
58-6-77 Time for publication of summary statement by director--Publication in judicial circuits.
58-6-78 Director to supply summary statement to each legal newspaper published in each judicial circuit--Recognition of legal newspaper.
58-6-79 Publication requirements do not apply to fraternal or benevolent life association transactions nor to mutual insurance companies or associations.
58-6-80 Confidentiality of analysis ratios and examination synopses--Participation in regulatory information system.
CHAPTER 58-6A
RISK RETENTION GROUPS
58-6A-1 Definition of terms.
58-6A-2 Charter and license of risk retention group--Approval of plan of operation or feasibility study--Revision of plan or study--Notice to National Association of Insurance Commissioners.
58-6A-3 Information submitted to director.
58-6A-3.1 Majority of risk retention group directors to be independent--Board determinations as to material relationship.
58-6A-3.2 Criteria of material relationship.
58-6A-3.3 Material service provider contracts.
58-6A-3.4 Notice to director of intent to enter into service provider contract meeting criteria of material relationship.
58-6A-3.5 Written policy in plan of operation.
58-6A-3.6 Members of audit committee.
58-6A-3.7 Purpose of audit committee.
58-6A-3.8 Waiver of audit committee requirement.
58-6A-3.9 Governance standards.
58-6A-3.10 Code of business conduct and ethics.
58-6A-3.11 Notice to director of noncompliance with standards.
58-6A-3.12 Application of §§ 58-6A-1 to 58-6A-3.11.
58-6A-4 Financial information submitted to director.
58-6A-5 Taxation of premiums--Payment by insurance producers or brokers--Payment by risk retention group--Report of premiums.
58-6A-5.1 Rate of taxation on premiums--Interest, fines and penalties--Payment.
58-6A-6 Compliance with Unfair Trade Practices Act.
58-6A-7 Compliance with laws regarding deceptive, false, or fraudulent acts or practices--Injunction.
58-6A-8 Examination by director.
58-6A-9 Notice contained on policy--Contents.
58-6A-10 Prohibited acts by risk retention group.
58-6A-11 Insurance company as member or owner.
58-6A-12 Compliance with voluntary dissolution or delinquency order by group not chartered if financially impaired.
58-6A-13 Financial contribution to or benefit from insurance insolvency guaranty fund prohibited.
58-6A-14 Countersignature on policy not required.
58-6A-15 Prohibited insurance coverage.
58-6A-16 58-6A-16. Repealed by SL 1988, ch 392, § 3
58-6A-16.1 Exemptions for purchasing group and insurer in regard to liability insurance--Subject to other laws.
58-6A-17 Notice to director--Contents.
58-6A-17.1 Notice to director of changes.
58-6A-17.2 Information required by director--Time for giving notice and information.
58-6A-18 Designation of director as agent for purchasing group--Exceptions.
58-6A-19 58-6A-19. Repealed by SL 1988, ch 392, § 8
58-6A-19.1 Purchase from risk retention group not chartered or insurer not admitted in state prohibited--Exception.
58-6A-19.2 Notice of unprotected risk when liability insurance obtained from insurer not admitted in this state or risk retention group.
58-6A-19.3 Purchase of insurance providing for deductible or self-induced retention applicable to whole group prohibited--Application to individuals allowed--Aggregate limits standards.
58-6A-19.4 Insurance producer or broker license required for purchasing liability insurance from risk retention group.
58-6A-19.5 Insurance producer or broker license required to solicit liability insurance for purchasing group from insurer or risk retention group.
58-6A-19.6 Insurance producer or broker license required to solicit liability insurance for member of purchasing group.
58-6A-19.7 Surplus lines producer or excess line producer license required to solicit liability insurance from unauthorized insurer for purchasing group.
58-6A-20 Director's use of enforcement powers--Injunctive authority.
58-6A-21 Penalty for violation.
58-6A-22 Broker license--Waiver of residency requirements.
58-6A-23 Enforcement of injunction against risk retention group in hazardous financial condition.
58-6A-24 Promulgation of rules.
CHAPTER 58-7
INSURERS' DEPOSITS WITH STATE
58-7-1 Amounts required to be deposited by domestic insurers--Financial institutions to report to director.
58-7-2 Assets acceptable for deposit of reserves.
58-7-3 Credit of other deposit against reserve deposit.
58-7-4 Annual deposit of additional securities to cover increase of reserves.
58-7-5 Ineligibility for deposit of securities in default.
58-7-6 Authorized deposits of insurers.
58-7-7 Purpose of deposits.
58-7-8 Certificates of deposit--Eligible securities--Purpose of deposits.
58-7-9 Deposit of domestic insurer held in this state pursuant to laws of another state or country--Assets comprising--Protection of all policyholders of insurer.
58-7-10 Deposits of reserves of domestic life insurer--Assets comprising--Holding for common benefit of policyholders and annuity contracts.
58-7-11 Deposits of reserves of domestic insurers other than life--Holding for common benefit of all policyholders.
58-7-12 Deposits of foreign insurers--Assets comprising--Holding for purposes required by law and as specified by director.
58-7-13 Assignment to director of securities not negotiable by delivery--Power of attorney.
58-7-14 Real estate used as deposit--Deed of trust, execution, and recording prior to deposit with director--Appraisal required.
58-7-15 58-7-15. Repealed by SL 1991, ch 398, § 7
58-7-16 Record by director of assets deposited.
58-7-17 Release of assigned security--Reassignment to insurer or other person.
58-7-18 Deposit of reserves in financial institutions.
58-7-19 58-7-19. Repealed by SL 1991, ch 398, § 10
58-7-20 Terms of depository or custodial arrangements for deposit of reserves.
58-7-21 Forms and terms of depository or custodial arrangement.
58-7-22 Compensation and expenses of depository or custodian borne by insurer.
58-7-23 Nonliability of director and state for safekeeping by custodian.
58-7-24 Custodial arrangements--Termination by director--New arrangements.
58-7-25 Effect of deposit in foreign state.
58-7-26 Sufficiency of deposit--Valuation of assets.
58-7-27 Decline in market value of deposited assets--Deposit of additional assets or securities.
58-7-28 Appraisal or valuation of deposited assets or securities--Cost borne by insurer.
58-7-29 Deposit exceeding requirements--Release to insurer upon request--Release during insolvency of insurer.
58-7-30 Right of insurer to deposited assets and securities during solvency.
58-7-31 Levy upon deposited assets and securities.
58-7-32 Deposits by foreign or alien insurers not subject to taxation.
58-7-33 Duration of deposit of assets and securities.
58-7-34 Release of deposit on request of domestic insurer.
58-7-35 Return of deposit of foreign insurer.
58-7-36 Return of deposit upon merger or consolidation of insurer.
58-7-37 Insurer subject to delinquency proceedings--Surrender of deposited assets and securities to authorized officer of court.
58-7-38 Release of deposited assets--Terms--Nonliability of director acting in good faith.
58-7-39 Certain depository or custodial requirements superseded.
58-8-1
Representing or aiding unauthorized insurer as misdemeanor.
58-8-2
Acts which do not constitute representing or aiding unauthorized insurer.
58-8-3
Advertising relating to unauthorized insurers as misdemeanor.
58-8-4
Acceptance of advertising without proof of authority to do business in state as
misdemeanor.
58-8-5
Distribution of advertising matter as to advantages of doing business with unauthorized
insurer as misdemeanor.
58-8-6
Unauthorized insurers--Purposes of Process Act.
58-8-7
Acts by unauthorized insurer constituting appointment of director of insurance as agent for
service of process.
58-8-8
Manner of service of process--Duties of director.
58-8-9
Notice by mail to insurer--Proof of service.
58-8-10
Service of process on agent of unauthorized insurer other than director.
58-8-11
Repealed.
58-8-12
Mode of service of process cumulative.
58-8-13
Conditions precedent to filing of pleadings by unauthorized foreign or alien insurer--Deposit or bond--Procurement of certificate of authority.
58-8-14
Motion of unauthorized foreign or alien insurer to quash or set aside service of process--Deposit or bond not required--Grounds for motion.
58-8-15
Action against unauthorized insurer commenced by substituted process--Postponement by
court to give defendant opportunity to defend.
58-8-16
Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees
of plaintiff.
58-8-17
Exemptions from unauthorized insurers process provisions.
58-8-18
Uniformity of interpretation of chapter.
58-8-19
Citation of unauthorized insurers process provisions.
58-9-1
Definitions not mutually exclusive.
58-9-2
Life insurance defined.
58-9-3
Health insurance defined.
58-9-4
Burial insurance--Definition--Compliance with provisions concerning life insurers
required.
58-9-5
Property insurance defined.
58-9-6
Marine and transportation insurance defined--Vehicles--Goods transported.
58-9-7
Marine and transportation insurance including personal injury or property damage.
58-9-8
Marine and transportation insurance including jewelry and precious metals.
58-9-9
Marine and transportation insurance including transportation structures.
58-9-10
Marine protection and indemnity insurance included.
58-9-11
Casualty insurance including vehicle insurance.
58-9-12
Casualty insurance including automobile guaranty insurance.
58-9-13
Casualty insurance including liability insurance.
58-9-14
Casualty insurance including workers' compensation insurance.
58-9-15
Casualty insurance including burglary and theft insurance.
58-9-16
Casualty insurance including personal property floater insurance.
58-9-17
Casualty insurance including glass.
58-9-18
Casualty insurance including boiler and machinery insurance.
58-9-19
Casualty insurance including leakage and fire extinguishing equipment insurance.
58-9-20
Casualty insurance including credit insurance.
58-9-21
Casualty insurance including malpractice insurance.
58-9-22
Casualty insurance including insurance against congenital defects.
58-9-23
Casualty insurance including livestock insurance.
58-9-24
Casualty insurance including elevator insurance.
58-9-25
Casualty insurance including entertainments insurance.
58-9-26
Casualty insurance including loss from failure to file instrument relating to personal
property.
58-9-27
Casualty insurance including other unclassified insurance.
58-9-28
Medical, hospital, surgical, funeral, and accident insurance incidental to other
insurance.
58-9-29
Surety insurance including fidelity insurance.
58-9-30
Surety insurance including workers' compensation insurance.
58-9-31
Surety insurance including performance bonds.
58-9-32
Surety insurance including indemnification of banks, brokers, and financial
institutions.
58-9-33
Title insurance defined.
58-9-34 to 58-9-45. Transferred.
58-10-1
Application to all insurance and annuity contracts--Exceptions.
58-10-2
Policy defined.
58-10-3
Procurement of insurance on own life or body for benefit of another--Interest
required for insurance on life or body of another.
58-10-4
Insurable interest in personal insurance defined.
58-10-5
Insurance benefits recoverable from beneficiary without insurable interest.
58-10-6
Consent of insured required for life or health insurance on an individual.
58-10-6.1
Assignment of incidents of ownership under life insurance policy--Assignment
before July 1, 1989, enforceable.
58-10-7
Insurance of property--Insurable interest required.
58-10-8
Insurable interest in property defined.
58-10-9
Measure of insurable interest in property.
58-10-10
Insurance against fire, tornado, or lightning--Measure of damages where property
wholly destroyed.
58-10-11
Change of property interest on death of insured.
58-10-12
Transfer of property interest between joint insureds.
58-10-13
Trust defined.
58-10-14
Business trust defined.
58-10-15
Trust to be governed by South Dakota law.
58-10-16
Retroactive effect of statutory provisions regarding trusts.
58-10-17
Creation of entity to purchase, hold, or administer insurance contract on life of
individual settlor.
58-11-1
Premium defined.
58-11-2
Contents of policy.
58-11-3
Statement of basis and rates for determination of premium included in policy.
58-11-4
Contents of policy--Exemption of surety contracts or group insurance policies.
58-11-5
Standard or uniform provisions of insurance contracts--Waiver of required use by
director.
58-11-6
Policy not to contain provisions inconsistent with standard or uniform provisions--Substitute provision, approval by director.
58-11-7
Substitute provisions required by law of domicile of foreign or alien insurer, approval
by director.
58-11-8
Assessable policies--Special contents.
58-11-9
Motor vehicle insurance--Uninsured motorist and hit-and-run coverage--Amount of
coverage--Uninsured motorist coverage not required for government owned vehicles.
58-11-9.1
Motor vehicle insured by insolvent liability insurer defined as uninsured--Rights of
insurer making payment under uninsured motorist coverage.
58-11-9.2
Notice required when automobile policy does not include liability insurance.
58-11-9.3
Exclusion of named person or reduction of coverage in motor vehicle policy--Minimum liability coverage.
58-11-9.4
Underinsured motorist coverage to be available with liability policies--Limitation of
coverage--Exception.
58-11-9.5
Payment to insured for portion of judgment not collected from underinsured
motorist--Coverage limits.
58-11-9.6
Subrogation of insurer--Assignment of judgment--Liability issuer allowed to pay
limits under policy.
58-11-9.7
Adding of insured's uninsured and underinsured motorist coverage limits prohibited--Exception.
58-11-9.8
Adding of uninsured motorist coverage limits for multiple vehicles prohibited.
58-11-9.9
Adding of underinsured motorist coverage limits for multiple vehicles prohibited.
58-11-9.10
Increase in automobile insurance premiums due to drug-related offenses prohibited.
58-11-9.11
Increase in automobile insurance premiums due to certain alcohol-related offenses
by a minor prohibited.
58-11-10
Additional policy provisions--Approval of director.
58-11-11
Charter and bylaws, inclusion as part of contract of insurance--Subscriber's
agreement or power of attorney of a reciprocal insurer as part of contract.
58-11-12
Policy forms--Filing with and approval by director--Group policy certificates filed
for informational purposes.
58-11-13
Policies exempt from form provisions.
58-11-14
Continuation of use of prior filings until otherwise prescribed.
58-11-15
Order of director exempting insurance documents from requirements as to form.
58-11-16
Property, marine and transportation, casualty and surety insurance coverages--Filing
of forms by rating organizations.
58-11-17
Time for filing of forms--Approval or disapproval by director.
58-11-18
Extension of time for approval or disapproval of filing by director--Notice to insurer--Approval at expiration of extended period.
58-11-19
Withdrawal of approval of form by director--Notice.
58-11-20
Order of director disapproving form or withdrawing previous approval--Detailed
statement of grounds.
58-11-21 Grounds for disapproval of form or withdrawal of previous approval.
58-11-22 Identification of contracts issued and forms filed with director--Change in form.
58-11-23 Execution of policy by authorized representative of insurer.
58-11-24 Facsimile signature used on policy.
58-11-25 Unauthorized facsimile signature does not invalidate policy--Estoppel by issuance of surety bond with facsimile signature.
58-11-26 Underwriters' policy--Joint and several liability--True name of insurer.
58-11-27 Combination policy--Contents.
58-11-28 Underwriters' and combination policies provisions do not apply to cosurety obligations.
58-11-29 Binders or other contracts for temporary insurance--Terms--Fraudulent statement as misdemeanor.
58-11-30 Duration of binder.
58-11-31 Extension or renewal of binder--Approval of director.
58-11-32 Binder provisions do not apply to life or health insurance.
58-11-33 Delivery of policy--Payment of premium--Insured not meeting condition required by insurer.
58-11-34 Insurance of motor vehicle sales contracts, copy of policy delivered to vendee, mortgagor, or pledgor, contents--Inapplicable to inland marine floater policies.
58-11-35 Renewal or extension of policy at option of insurer.
58-11-36 Assignment of policies.
58-11-37 Policy not complying with statutory form--Validity--Construction.
58-11-38 Policy, rider, or endorsement containing condition, omission or provision not in compliance with requirements--Validity--Construction.
58-11-39 Construction of insurance contract--Terms and conditions--Modification by rider, endorsement, or application made part of policy.
58-11-40 Application for life or health insurance as evidence--Annuity contract--Copy made a part of policy--Inapplicable to industrial life policy.
58-11-41 Application for reinstatement or renewal of life or health insurance--Copy requested by insured--Effect of noncompliance by insurer.
58-11-42 Alteration of application for life or health insurance--Written consent of applicant--Insertions by insurer.
58-11-43 Application for insurance other than life or health--Use as evidence--Failure to furnish copy to insured.
58-11-44 Application for insurance or annuity--Statements by insured deemed representations--Omissions, concealment, and incorrect statements preventing recovery.
58-11-44.1 Unanswered questions no basis for denial of recovery unless insurer demanded answers.
58-11-44.2 Requests for information and actions based on applicant's failure to meet insurer's underwriting requirements permissible.
58-11-45 Cancellation and nonrenewal of automobile policy or coverage--Definition of terms.
58-11-45.1 Reporting agencies and persons listed with director.
58-11-45.2 Applicant for liability insurance not to be prejudiced by false reports.
58-11-45.3 Informant to be identified if insurance refused--Violation as misdemeanor.
58-11-46 Notice of cancellation of automobile policy--Reasons for cancellation.
58-11-47 Reasons for cancellation not applicable to automobile policy in effect less than sixty days--Application of notice provisions to policies.
58-11-48 Modification of automobile physical damage coverage not deemed cancellation.
58-11-49 Time for mailing or delivery of notice of cancellation of automobile policy--Provision for statement of reason for cancellation.
58-11-50 Request of insured for reason for cancellation.
58-11-51 Notice of nonrenewal of automobile policy--Time for notice--Exceptions to requirement for notice--Renewal not waiver of grounds for cancellation.
58-11-52 Proof of notice of cancellation or nonrenewal of automobile policy or coverage.
58-11-53 Notice of eligibility for assigned risk plan on cancellation or nonrenewal of automobile liability insurance.
58-11-54 Director or insurer not liable for statements as to reasons for cancellation or refusal of automobile coverage.
58-11-55 Discrimination in issuance or renewal of automobile insurance policy as misdemeanor--Exceptions.
58-11-55.1 Use of age or occupation in determining issuance or renewal of policies.
58-11-55.2 Applicability of § 58-11-55.
58-11-55.3 Promulgation of rules to prevent unfair discrimination.
58-11-56 Repealed.
58-11-57 Assigned risk plan for automobile liability insurance.
58-11-58 to 58-11-61. Repealed.
58-11-62 Notice of intent to cease marketing block of business--What constitutes cessation of marketing block of business.
58-11-63 Regulation of form and content of policies, policy forms, standards, and procedures for filings, cancellation, and nonrenewal of policies.
58-11-64 Definition of terms.
58-11-65 Carriers subject to filing requirements.
58-11-66 Filing and director approval required.
58-11-67 Filing requirements--Availability on internet.
58-11-68 Filer to indicate location of each requirement on policy form filing.
58-11-69 Approval or disapproval of filing--Review period.
58-11-70 Correction of deficiencies.
58-11-71 Review of resubmitted filing--Review period.
58-11-72 Resubmitted form not to be disapproved for reasons other than in initial disapproval--Exceptions.
58-11-73 Grossly inadequate filings.
58-11-74 Limitations on director's authority.
58-11-75 Application to existing approved policy forms.
58-11-76 Construction with other time periods.
58-11-77 Appeal of disapproval of rate or policy form filing.
58-11A-1
Definitions.
58-11A-2
Policies subject to chapter.
58-11A-3
Reading ease--Printing--Style--Index or table of contents.
58-11A-4
Alternate reading ease tests.
58-11A-5
Certificate concerning reading ease--Additional information--Evaluation of attachments to
policy.
58-11A-6
Variation of reading ease requirement--Grounds.
58-11A-7
Other laws governing policy contents.
58-11A-8
Dates after which policies must comply with this chapter--Extension.
58-11A-9
Law permitting issuance of policies after form on file for specified period.
CHAPTER 58-12
INSURANCE CLAIMS AND BENEFITS
58-12-1 Forms for proof of loss--Furnishing by insurer on request.
58-12-2 Acts of insurer not constituting waiver of policy provision or defense.
58-12-3 Attorney fees--Recovery in action against self-insured employer or insurer failing to pay loss--Other remedies not barred.
58-12-3.1 Separate hearing on attorney fees--Adding to judgment--Time allowed to request hearing.
58-12-4 Life and health insurance--Exemption of benefits and proceeds from execution.
58-12-5 Annuity contract defined.
58-12-6 Exemption of annuity contract benefits, rights, privileges, and options from execution.
58-12-7 Premiums paid on annuity with intent to defraud creditors not exempt from execution.
58-12-8 Maximum amount of annuity exemption--Excess subject to levy.
58-12-9 Application of excess annuities to judgment--Factors considered.
58-12-10 Benefits, rights, privileges, or options nontransferable under annuity contract--Not subject to commutation--Exemption from execution.
58-12-11 Payments under life or health insurance policy or annuity contract discharge insurer.
58-12-12 Use of uniform health insurance claim forms.
58-12-13 Use of claim forms required by federal law excepted.
58-12-14 Promulgation of rules for uniform health insurance claim forms.
58-12-15 Paintless dent repair defined.
58-12-16 Motor vehicle insurer must provide sufficient compensation to restore vehicle to prior condition--Adjustment for paintless dent repair permitted--Conditions.
58-12-17 Compensation when paintless dent repair method inappropriate--Requiring unreasonable travel prohibited--Repair shop as payee only if insured agrees.
58-12-18 Compliance with § 58-12-16.
58-12-19 Clean claim defined.
58-12-20 Time limits for processing clean claims--Time limit for additional information required.
58-12-21 Applicability of §§ 58-12-19 to 58-12-21--Certain policies exempt--No private right of action.
58-12-22 Information from insurer's database to Department of Social Services--Data match against recipients--Disclosure--Liability.
58-12-23 Application for or acceptance of medical assistance paid by department operates as release of information to facilitate coordination of benefits--Request.
58-12-24 Refusal of reimbursement due to manner, form, or date of claim prohibited--Time for submission of claim.
58-12-25 Reimbursement to department for cost of services.
58-12-26 Insurer defined.
58-12-27 Department defined.
58-12-28 Provisions of chapter 1-27 not applicable to insurer records.
58-12-29 58-12-29. Repealed by SL 2007, ch 286, § 4.
58-12-30 Annual reports of commercial property casualty insurance claims--Exception--Promulgation of rules.
58-12-31 Definitions regarding standards for claims processing.
58-12-32 Application of standards for claims investigation and disposition.
58-12-33 Flagrant or frequent violations--Notice and opportunity to correct inadvertent violations.
58-12-34 Acts constituting unfair claims practices.
58-12-35 Notice of hearing.
58-12-36 Cease and desist order--Monetary penalty--Suspension or revocation of license.
58-12-37 Promulgation of rules regarding definitions and records.
58-13-1
Maximum single risk assumed.
58-13-2
Subject of insurance defined.
58-13-3
Surplus to policyholders defined.
58-13-4
Deduction for reinsurance or cosuretyship.
58-13-5
Chapter inapplicable when maximum possible loss not ascertainable.
58-13-6
Application of chapter to alien insurers.
CHAPTER 58-14
REINSURANCE
58-14-1 Reinsurance defined.
58-14-2 58-14-2. Repealed by SL 1992, ch 344, § 13
58-14-3 Risk limits applicable.
58-14-4 Credit not allowable as an asset or deduction from liability to ceding insurer--Exceptions--Payments.
58-14-4.1 Association election to succeed to rights and obligations of insolvent insurer under reinsurance contract--Reinsurer's liability to pay claims.
58-14-4.2 Liquidator of insolvent ceding insurer to provide notice to reinsurer of claim against ceding insurer--Investigation and election to interpose defense.
58-14-5 Reinsurance contracts filed by ceding insurer--Cancellation or material change, duty to inform director.
58-14-6 Original insured--No interest in reinsurance.
58-14-7 Credit for reinsurance allowed for domestic ceding insurer as asset or reduction.
58-14-8 Credit allowed for reinsurance if assuming insurer licensed in state.
58-14-9 Requirements for reinsurer to be accredited.
58-14-10 A lien assuming insurer--Standards--Surplus required--Examination of records.
58-14-11 Credit for reinsurance ceded to insurer maintaining trust fund for payment of valid claims--Annual report of assuming insurer.
58-14-11.1 Trust fund requirements for single assuming insurer.
58-14-12 Trust fund requirements for group of incorporated underwriters.
58-14-12.1 Trust fund requirements for group including incorporated and individual unincorporated underwriters.
58-14-13 Establishment of trust--Annual report of balance and investments--Certification of termination of trust.
58-14-14 Reinsurance credit for certain insurers limited to risks in foreign or alien jurisdictions.
58-14-15 Allowance of credit for certain insurers not licensed, certified, or accredited in state.
58-14-16 Asset or reduction from liability for reinsurance ceded to insurer not meeting requirements of § 58-14-7--Security.
58-14-16.1 Credit allowed for reinsurance ceded to certified reinsurer.
58-14-16.2 Eligibility for certification as reinsurer.
58-14-16.3 Eligibility for certification of association including incorporated and individual unincorporated underwriters.
58-14-16.4 List of qualified jurisdictions from which domiciled insurer eligible for consideration for certification.
58-14-16.5 Eligibility of non-United States domiciliary jurisdiction to be recognized as qualified jurisdiction.
58-14-16.6 National Association of Insurance Commissioners' list of qualified jurisdictions.
58-14-16.7 Rating of certified reinsurer.
58-14-16.8 Obligations assumed from United States ceding insurers to be secured consistent with rating.
58-14-16.9 Security required for domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to certified reinsurer.
58-14-16.10 Trust accounts of certified reinsurer securing obligations as multibeneficiary trust.
58-14-16.11 Minimum trusteed surplus requirements.
58-14-16.12 Reduction in allowable credit for insufficient security.
58-14-16.13 Terminated or suspended certification--Inactive status.
58-14-16.14 Applicant for certification certified as reinsurer in National Association of Insurance Commissioners accredited jurisdiction.
58-14-16.15 Inactive certified reinsurers.
58-14-16.16 Management and notice requirements regarding ceding insurer's reinsurance recoverables.
58-14-16.17 Diversification of ceding insurer's reinsurance program--Notice requirements.
58-14-16.18 Qualified United States financial institution defined for purposes of subdivision 58-14-16(3).
58-14-16.19 Trust agreement conditions for assuming insurers not meeting certain requirements.
58-14-16.20 Suspension or revocation of reinsurer' s accreditation or certification.
58-14-16.21 Credit for reinsurance during suspension or revocation.
58-14-16.22 Fees.
58-14-16.23 Credit for reinsurance for reinsurers in reciprocal jurisdictions--Eligibility requirements.
58-14-16.24 Credit for reinsurance for reinsurers in reciprocal jurisdictions--Capital and surplus requirements.
58-14-16.25 Credit for reinsurance for reinsurers in reciprocal jurisdictions--Adequate assurances required.
58-14-16.26 Documents that must be provided to the division.
58-14-16.27 Prompt payment practices.
58-14-16.28 List or reciprocal jurisdictions to be published.
58-14-16.29 List of assuming insurers.
58-14-16.30 Assuming insurers that no longer meet one or more requirements.
58-14-16.31 Procedure for denying statement credit.
58-14-16.32 Assuming insurers in receivership.
58-14-16.33 Effective date for reinsurers in reciprocal jurisdictions.
58-14-16.34 Application of reciprocal jurisdiction laws.
58-14-17 Promulgation of rules.
58-14-18 Application of reinsurance provisions.
58-14-19 Substantially similar defined.
58-14-20 Disallowal of credit or deduction.
58-14-21 Reinsurer defined--Examination of reinsurer.
58-14-22 Application of chapter.
58-14-23 Qualified United States financial institution defined for eligibility to act as fiduciary of a trust.
58-14-24 Definition of terms.
58-14-25 Persons not agents.
58-14-26 License required to sell, solicit, negotiate, or place reinsurance.
58-14-27 Agent or broker bond--Errors and omissions policy.
58-14-28 Refusal to license--Reasons.
58-14-29 Written contract between agent or broker and insurer or reinsurer.
58-14-30 Records of reinsurance contracts.
58-14-31 Insurer or reinsurer to employ only licensed agent or broker.
58-14-32 Approval and filing of contract.
58-14-33 Additional provisions of contract.
58-14-34 Handling of reinsurer.
58-14-35 Restrictions on agent.
58-14-36 Loss reserves--Actuary's opinion--Employee of agent or broker not to be appointed to reinsurer's board of directors.
58-14-37 Examination of agent or broker--Cost.
58-14-38 Penalty for violation.
58-14-39 Rights of third party.
58-14-40 Adoption of rules.
58-14-41 Compliance with and application of §§ 58-14-24 to 58-14-42.
58-14-42 Qualified United States financial institution.
58-14-43 Restrictions on brokers connected to a firm or association.
58-14-44 Restrictions on who may act as agent.
CHAPTER 58-15
LIFE INSURANCE AND ANNUITIES
58-15-1 Application of chapter.
58-15-2 Industrial life insurance defined.
58-15-3 Investment of trust funds in life insurance and annuities.
58-15-4 Standard provisions required in policy of life insurance, exceptions.
58-15-5 Standard provisions inapplicable to annuity contract or health or accident benefits.
58-15-6 Standard provisions inapplicable to single premium or term policies.
58-15-7 Description of policy in title.
58-15-8 Entire contract contained in policy and application--Statement of applicant not deemed a warranty.
58-15-8.1 Notice of right of cancellation after receipt of policy--"Free look" provision.
58-15-8.2 Issuance of policies by insurance company or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention.
58-15-9 Effect of misstatement in policy regarding age.
58-15-10 Incontestability provision required--Exceptions.
58-15-11 Exclusions and restrictions unaffected by incontestability clause.
58-15-12 Payment of premiums provision.
58-15-13 Grace period in policy.
58-15-14 Automatic premium loan--Provision optional with insurer.
58-15-15 Insurance policy loan--Security--Maximum amount--Private placement policies.
58-15-15.1 58-15-15.1, 58-15-15.2. Repealed by SL 1982, ch 358, §§ 11, 12
58-15-15.3 58-15-15.3. Repealed by SL 1983, ch 13, § 14
58-15-15.4 Insurance policy loan--Definition of terms.
58-15-15.5 Published monthly average defined.
58-15-15.6 Insurance policy loan--Permitted interest rates.
58-15-15.7 Insurance policy loan--Allowable rate under adjustable maximum interest rate.
58-15-15.8 Insurance policy loan--Determination of interest under adjustable maximum interest rate.
58-15-15.9 Insurance policy loan--Notice of interest rate to policyholder.
58-15-15.10 Insurance policy loan--Loan value of policy.
58-15-15.11 Insurance policy loan--Provisions of statutes required in policies.
58-15-15.12 Insurance policy loan--Application of statutes on interest rates to prior contracts.
58-15-15.13 Private placement policy defined.
58-15-15.14 Premium defined.
58-15-16 Loans on policies issued prior to the adoption of standard policy provisions--Loan value--Deferment of application--Private placement policies.
58-15-17 Loans on policies under standard policy provisions--Loan value--Deferment of application--Private placement policies.
58-15-18 Loan value of policy--Indebtedness deducted.
58-15-19 Delinquent interest on policy loan exceeding amount of loan value--Termination of policy, notice.
58-15-20 Policy loan provisions inapplicable to term insurance or industrial life insurance policies.
58-15-21 Nonforfeiture of benefits--Cash surrender value--Provisions required in policies.
58-15-22 Reinstatement provisions required in policy.
58-15-23 Participating policies--Annual dividends, ascertainment, and apportionment.
58-15-24 Participating policies--Rights of policyholder to dividends.
58-15-25 Participating industrial life insurance policies--Annual participation of policy in divisible surplus.
58-15-26 Payment of claims for benefits--Private placement policies.
58-15-26.1 Insurers to pay interest on life insurance proceeds.
58-15-26.2 Computation of interest.
58-15-26.3 Interest not required where beneficiary elects to receive other than lump sum payment.
58-15-26.4 Notice to beneficiary of interest.
58-15-26.5 Application limited.
58-15-27 Beneficiary to be designated in industrial life policy--Change of beneficiary--Endorsement on policy.
58-15-28 Industrial life policy--Payment of benefits.
58-15-29 Installment payments--Table of guaranteed installments required.
58-15-30 Nonforfeiture benefits in policies issued prior to the adoption of standard nonforfeiture law.
58-15-31 Nonforfeiture benefits in policies issued under standard nonforfeiture law.
58-15-32 Nonforfeiture benefit provisions which may be omitted--Deferred payment of cash surrender value--Private placement policies.
58-15-33 Cash surrender value--Amount available under policy on default of premium--Paid-up policy.
58-15-34 Paid-up nonforfeiture benefits--Default in payment of premium.
58-15-35 Adjustment of premiums under nonforfeiture provisions.
58-15-36 Amount of insurance varying with duration of policy--Adjustment of premiums.
58-15-37 Adjusted premiums--Term insurance benefits provided by rider or supplemental policy.
58-15-38 Adjusted premiums and present values--Computation.
58-15-39 Default in payment of premium--Computation of cash surrender value and paid-up nonforfeiture benefit.
58-15-40 Additional accident benefits--Premiums disregarded in ascertaining cash surrender value.
58-15-41 Nonforfeiture benefit provision inapplicable to reinsurance, group insurance, annuity contracts, or term insurance.
58-15-42 Notice by company of election to comply with nonforfeiture benefit provisions--Filing with director.
58-15-43 Citation of standard nonforfeiture law for life insurance.
58-15-43.1 Adjusted premiums--Calculation on annual basis.
58-15-43.2 Nonforfeiture net level premium defined.
58-15-43.3 Initial calculation of changes in benefits or premiums--Recalculation after change.
58-15-43.4 Recalculated future adjusted premiums.
58-15-43.5 Additional expense allowance.
58-15-43.6 Recalculated nonforfeiture net level premium.
58-15-43.7 Substandard policy--Calculation of adjusted premiums and present value.
58-15-43.8 Adjusted premiums and present values--Calculation--Applicable procedures and tables.
58-15-43.9 Nonforfeiture interest rate.
58-15-43.10 Refiling of nonforfeiture values or methods of computation.
58-15-43.11 Notice of election to comply with revised nonforfeiture.
58-15-43.12 Insurance plans to conform to minimum standards of nonforfeiture laws.
58-15-43.13 Default in payment of premium--Amount of cash surrender value--Amount of nonforfeiture factor--Policies issued after January 1, 1986.
58-15-44 Dating back of application for insurance to reduce premium prohibited--Contract not invalidated.
58-15-45 Excluding or restricting coverage in case of death--Permissible exclusions.
58-15-46 Excluding or restricting coverage in case of death--Return of premiums, adjustment for indebtedness and dividend credits.
58-15-47 Prohibited policy provisions--Person soliciting insurance or annuity insurance producer of insured.
58-15-48 Prohibited policy provisions--Construction of contract according to laws of other state or country.
58-15-49 Prohibited policy provisions--Rights and obligations of insured under contract governed by law of other state.
58-15-50 Prohibited policy provisions--Depriving courts of jurisdiction of action against insurer.
58-15-51 Limitation of action on policy--Minimum time.
58-15-52 Prohibited policy provisions inapplicable to group life insurance, health insurance, reinsurance, annuities, and accident benefits under life insurance policy.
58-15-53 Use of prohibited policy provision which is more favorable to insured.
58-15-54 Prohibited policy provisions in industrial life insurance--Denial of liability because of other insurance.
58-15-55 Prohibited policy provisions in industrial life insurance--Right to declare policy void because of disease or ailment of insured.
58-15-56 Prohibited policy provisions in industrial life insurance--Right to declare policy void because insured rejected for insurance.
58-15-57 Annuity and endowment contracts--Standard provisions required, exceptions.
58-15-58 Standard provisions of annuity and endowment contracts inapplicable to deferred annuities under life insurance policies.
58-15-59 Annuities and endowments--Entire agreement contained in contract and application.
58-15-59.1 Right of annuitant or purchaser to cancel after receipt of contract--Effect of cancellation.
58-15-59.2 Issuance of policies by insurance company or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention.
58-15-60 Effect of misstatement of age or sex in annuity or endowment contract.
58-15-61 Incontestability provision in annuity or endowment contract.
58-15-62 Grace period in annuity or endowment contract.
58-15-63 Participating annuity or endowment contract--Ascertainment and apportionment of divisible surplus.
58-15-64 Reinstatement provision required in annuity or endowment contract.
58-15-65 Reversionary annuity contract--Standard provisions.
58-15-66 Reinstatement provision required in reversionary annuity contract.
58-15-67 Reversionary annuity contract provisions inapplicable to group annuities or to annuities included in life insurance policies.
58-15-68 Incontestability provisions after reinstatement of life insurance policy or annuity contract.
58-15-69 Reinstated life insurance policy or annuity contract--Limitation of liability.
58-15-70 Policy settlements by life insurer.
58-15-71 Life insurance policy--Restrictions on issuing and delivering.
58-15-72 58-15-72 to 58-15-81. Repealed by SL 2004, ch 299, § 1
58-15-82 Uniform life insurance and annuity request forms--Director to adopt by rule--Insurers to accept.
58-15-83 Plans excluded from application of §§ 58-15-83 to 58-15-93, inclusive.
58-15-84 Provisions required in annuity contracts.
58-15-85 Minimum values based on minimum nonforfeiture amounts--Minimum nonforfeiture amounts defined.
58-15-86 Present value of paid-up annuity benefit--Computation.
58-15-87 Cash surrender benefits--Calculation of minimum--Death benefit.
58-15-88 Contracts without cash surrender benefits--Contracts not providing death benefits prior to commencement of payments--Present value calculations.
58-15-89 Election to have payments commence at optional maturity date--Maturity date used for calculation of benefits.
58-15-90 Contracts without cash surrender benefits or death benefits at least equal to minimum nonforfeiture amount--Statement in contract.
58-15-91 Lapse of time and payments beyond cessation year allowed for calculations.
58-15-92 Annuity and life insurance benefits in excess of greater of cash surrender benefits or return of gross considerations with interest--Minimum nonforfeiture benefits--Additional benefits.
58-15-93 Election to apply provisions of §§ 58-15-83 to 58-15-93 to annuity contracts--Application of provisions after second anniversary.
58-15-94 Applicability of §§ 58-15-94 to 58-15-108.
58-15-95 Definition of terms regarding identification and location of beneficiaries.
58-15-96 Comparison of policies, annuity contracts, and retained asset accounts against DMF.
58-15-97 Semi-annual comparison of lapsed policies, annuity contracts, and retained asset accounts against updated DMF.
58-15-98 Procedures for DMF comparisons--Validation of match.
58-15-99 Exemption of insurer for financial hardship.
58-15-100 Requirements upon receipt of information establishing knowledge of death.
58-15-101 Beneficiary search.
58-15-102 Disclosure of information to assist in search.
58-15-103 Search fees and costs not chargeable to beneficiary.
58-15-104 Provision of claim forms or instructions to beneficiaries.
58-15-105 Request for information about beneficiaries.
58-15-106 Compliance documentation.
58-15-107 Promulgation of rules regarding identification and location of beneficiaries.
58-15-108 Compliance with unclaimed property act.
CHAPTER 58-16
GROUP LIFE INSURANCE POLICIES
58-16-1 Forms of group life insurance permitted.
58-16-2 Employee group insurance permitted--Beneficiaries.
58-16-3 Employees eligible for group insurance.
58-16-3.1 Group life insurance authorized for groups to which group health insurance may be issued.
58-16-4 Supplemental life coverage.
58-16-5 58-16-5. Repealed by SL 1998, ch 288, § 2
58-16-6 Employee group insurance--Payment of premium.
58-16-7 Labor union group insurance permitted.
58-16-8 Labor union groups--Members of union eligible.
58-16-9 Labor union groups--Amounts based upon plan precluding individual selection.
58-16-10 Labor union groups--Minimum number of members required.
58-16-11 Labor union group--Payment of premium.
58-16-12 Industry fund groups--Insurance of employees or members of unions.
58-16-12.1 Classes of industry permitted to form groups.
58-16-13 Industry fund groups--Issuance to commercial correspondent prohibited, exception.
58-16-14 Industry fund groups--Persons eligible for insurance.
58-16-15 58-16-15. Repealed by SL 2008, ch 262, § 3.
58-16-16 Industry fund groups--Minimum number of persons required to be insured.
58-16-17 Industry fund groups--Payment of premium.
58-16-18 Insurance of employees or members of group against death of dependents.
58-16-19 Payment of premium on extended group coverage.
58-16-20 Amount of insurance on dependents based upon plan precluding individual selection.
58-16-21 Termination of group life policy extended to dependents--Issuance of individual policy to spouse, application and payment of premium.
58-16-22 Group life policy extended to dependents--One certificate issued to insured person.
58-16-23 Issuance of group life policy to creditor--Purpose.
58-16-24 Debtors eligible for insurance under group life policy--Policy may define "debtor".
58-16-25 Number of insureds required for group coverage of debtors--Evidence of insurability--Age exclusions.
58-16-26 Payment of premium for group coverage of debtors.
58-16-27 Amount of insurance on life of debtor limited.
58-16-28 Maximum amount repayable in installments to creditor--Duration of insurance--Limited to amount of unpaid indebtedness.
58-16-29 Payment to policyholder as reduction of indebtedness.
58-16-30 Association groups--Insurance of members--Minimum number of members required.
58-16-31 Standard provisions required for group life insurance policies, exceptions.
58-16-32 Copy of application attached to policy--Statements of insured not warranties--Statement by insured, use in contest.
58-16-33 Misstatement of age of insured--Equitable adjustments of premiums or benefits.
58-16-34 Evidence of individual insurability--Right of insurer to require.
58-16-35 Incontestability provision required--Exceptions.
58-16-36 Grace period required.
58-16-37 Required statement of benefits furnished to insured debtors.
58-16-38 Certificate to be delivered to insured.
58-16-38.1 Assignment of policy not prohibited--Rights vested in assignee.
58-16-39 Termination of employment or membership causing policy to cease--Issuance of individual policy to person entitled thereto, application and payment of premium.
58-16-40 Termination of group policy--Issuance of individual policy to insured person, amount of policy.
58-16-41 Effect of death of person insured under group policy during period in which entitled to individual policy.
58-16-42 Payment of death benefit--Designated beneficiary--Person incurring expenses incident to last illness or death.
58-16-43 Chapter inapplicable to prior policies.
58-16-44 Insurers to pay interest on life insurance proceeds.
58-16-45 Computation of interest.
58-16-46 Interest not required where beneficiary elects to receive other than lump sum payment.
58-16-47 Notice to beneficiary of interest.
58-16-48 Application limited.
58-16-49 Carrier and group-type basis defined.
58-16-50 Application of §§ 58-16-49 to 58-16-54.
58-16-51 Discontinuance of group life insurance policies.
58-16-52 Notice of discontinuance.
58-16-53 Extension of benefits at discontinuance in the event of total disability.
58-16-54 Responsibilities of prior carrier and succeeding carrier upon discontinuance.
CHAPTER 58-17
HEALTH INSURANCE POLICIES
58-17-1 Requirements for all health insurance policies delivered in state.
58-17-1.1 Grandfathered plans required to cover low-dose mammography--Extent of coverage.
58-17-1.2 Policies to provide coverage for diabetes supplies, equipment and education--Exceptions--Conditions and limitations.
58-17-1.3 Diabetes coverage not required of certain plans and policies.
58-17-1.4 Policies required to cover occult breast cancer screening.
58-17-2 Persons covered by policy.
58-17-2.1 Health insurance on a franchise plan.
58-17-2.2 Conversion privileges of insured's spouse upon divorce.
58-17-2.3 Dependent coverage termination--Age--Full-time students.
58-17-3 Time of commencement and termination to be set out in policy.
58-17-4 Consideration for policy to be stated.
58-17-4.1 Filing and approval of individual policy premium rates.
58-17-4.2 Premium rates required to be reasonable--Rules to establish minimum standards promulgated by director.
58-17-4.3 58-17-4.3. Transferred to § 58-17-74.1 by SL 2005, ch 10, § 41.
58-17-5 Identification of forms, riders and endorsements--Form number, location.
58-17-6 Style and arrangement of policy provisions--Printing, size of type.
58-17-7 Documents forming part of policy--Setting forth in full, rates and classifications excepted.
58-17-8 Exceptions and reductions of coverage to be clearly set out.
58-17-9 Renewal of policy at option of insurer--Statement in policy so informing the policyholder.
58-17-10 58-17-10. Repealed by SL 2006, ch 259, § 32.
58-17-10.1 Reduction of benefits because of increase in statutory disability benefits prohibited.
58-17-10.2 Individual policy for insured's spouse required in policies covering spouse--Eligibility--Coverage--Waiting periods.
58-17-11 Return of policy by purchaser--Refund of premium paid--Dissatisfaction with terms after examination.
58-17-11.1 Issuance of policies by insurance company, nonprofit hospital service plan, medical service corporation, or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention.
58-17-12 Required provisions--Captions--Substitutes, approval by director.
58-17-13 Omission from policy of inapplicable provision--Approval of director--Modification of inconsistent provision.
58-17-14 Entire contract and change clauses required--Signed acceptance required for endorsements.
58-17-15 Time limit on certain defenses--Application of section.
58-17-16 58-17-16. Repealed by SL 2011, ch 216, § 5.
58-17-17 Grace period on premiums required in policy.
58-17-18 Renewal of policy--Restriction on company's right to refuse.
58-17-19 Reinstatement when premium not paid within grace period.
58-17-20 Omission of provision as to application of premiums accepted in connection with reinstatement--Right of insured to continue policy in force by payment of premiums.
58-17-21 Notice of claim--Provision required in policy.
58-17-22 Notice of claim--Loss of time benefit--Optional provision, insertion by insurer.
58-17-23 Claim forms--Furnishing by insurer.
58-17-24 Proofs of loss--Provision required in policy.
58-17-25 Time of payment of claims--Provision required in policy.
58-17-26 Payment of claims--Persons to whom benefits payable--Provision required in policy.
58-17-27 Payment of claims--Optional provisions, insertion by insurer.
58-17-28 Physical examination of insured--Autopsy in death claims--Provision required in policy.
58-17-29 Action to recover under policy--Time for beginning.
58-17-30 Beneficiary--Changes reserved to insured.
58-17-30.1 Continuation of coverage for child with intellectual or physical disability--Proof of dependency.
58-17-30.2 Family coverage to include newborn or newly adopted children--Payment of claim not to be withheld during bonding period of adopted child.
58-17-30.3 Premature birth and congenital defects covered--Applicability.
58-17-30.4 Notice of birth or adoption required for continued coverage.
58-17-30.5 Coverage for inpatient alcoholism treatment required.
58-17-30.6 Alcoholism benefits provided--Days of care.
58-17-30.7 Policies excluded from alcoholism coverage requirements.
58-17-30.8 Exclusion of benefits for injury while under the influence of alcohol or drugs prohibited--Exception for sickness or injury caused in commission of felony.
58-17-30.9 Notice that dependent is no longer eligible for coverage--Premium adjustment.
58-17-31 Optional policy provisions.
58-17-32 Occupational change--Policy provision for adjustment of premium or benefits.
58-17-33 Misstatement of age--Policy provision for adjustment of benefits.
58-17-34 Earnings of insured--Policy provision for adjustment of benefits.
58-17-35 Earnings adjustment clause to be coupled with insured's right to continue policy in force.
58-17-36 Option of insurer to define "valid loss of time coverage".
58-17-37 Unpaid premiums--Deduction from benefits.
58-17-38 Conformity with state statutes of insured.
58-17-39 Illegal occupation of insured.
58-17-40 Renewal of policy at option of insurer.
58-17-41 Order of policy provisions.
58-17-42 Age limit in policy--Effect of acceptance of premiums or misstatement of age.
58-17-43 Third parties taking policy covering insured.
58-17-44 Foreign or alien insurer--Policy provision required by home state.
58-17-45 Policy of domestic insurer delivered in other state--Compliance with laws of other state.
58-17-46 Policy provisions not subject to chapter--Conforming to statute required.
58-17-47 Nonconforming and conflicting provisions construed in conformity with statute.
58-17-48 Liability and workers' compensation insurance--Inapplicability of health insurance provisions.
58-17-49 Health insurance provisions inapplicable to group or blanket policy.
58-17-50 Life insurance, endowment or annuity contracts not subject to health insurance provisions.
58-17-51 Health insurance provisions inapplicable to reinsurance.
58-17-52 Prior contracts or policies excepted.
58-17-53 Optometric services--Reimbursement, exceptions.
58-17-54 Reimbursement provisions applicable to all healing arts licensees--Self-insurance plans for public employees--Restrictions on policy limitations.
58-17-54.1 Copayment or coinsurance amounts for chiropractic, physical therapy, or occupational therapy services.
58-17-55 Reimbursement provisions applicable to licensed hospitals.
58-17-56 Reimbursement for service rendered or supervised by qualified mental health professional.
58-17-57 Abuse of health insurance defined--Violation as misdemeanor.
58-17-58 Waiver of required deductible or co-payment for charitable purposes permitted.
58-17-59 When waiver presumed.
58-17-60 Certain payments exempt.
58-17-61 Assignment of health insurance proceeds to certain hospitals authorized.
58-17-62 Coverage for phenylketonuria.
58-17-63 Health benefit plan defined.
58-17-64 Minimum loss ratio for individual health benefit plans.
58-17-65 Individual health insurance plan used in conjunction with managed care plan or utilization review organization.
58-17-66 Definitions for 58-17-66 through 58-17-87.
58-17-67 Professional association defined.
58-17-68 Professional association plan defined.
58-17-69 Creditable coverage defined.
58-17-70 Application of 58-17-66 to 58-17-87, inclusive.
58-17-71 Separate classes of individual business--Reasons--Number.
58-17-72 Transitional period when additional class of business acquired.
58-17-73 Director approval required to establish additional classes of business--Rates or rating methodologies.
58-17-74 Provisions for premium rates for individual health benefit plans.
58-17-74.1 Premium rate limitations.
58-17-75 Promulgation of rules for rates charged for individual health benefit plans.
58-17-76 Transfer into or out of class of business.
58-17-77 Temporary suspension of premium rates for individual health insurance--Reasons.
58-17-78 Required disclosure when offering individual health benefit plan.
58-17-79 Documentation of rating methods and practices.
58-17-80 58-17-80. Repealed by SL 2009, ch 262, § 1.
58-17-81 Availability of information on rating methods and practices of carriers offering individual health benefit plans.
58-17-82 Renewal of individual health benefit plans--Exceptions.
58-17-83 Election not to renew individual health benefit plan--Future business restricted.
58-17-84 Provisions for carriers providing individual coverage other than excepted benefits.
58-17-84.1 (Text of section effective until the first plan year, policy year, or renewal date on or after January 1, 2019) Anesthesia and hospitalization for dental care to be provided certain covered persons.
58-17-85 58-17-85, 58-17-85.1. Repealed by SL 2015, ch 249, §§ 2, 3.
58-17-86 58-17-86. Repealed by SL 2003 (SS) ch 1, § 33
58-17-87 Director to promulgate rules for individual health insurance--Scope of rules.
58-17-88 Minimum inpatient care coverage following delivery.
58-17-89 Shorter hospital stay permitted--Follow-up visit within forty-eight hours required.
58-17-90 Notice to policyholders--Disclosures.
58-17-91 58-17-91 to 58-17-96. Repealed by SL 2000, ch 243, §§ 16 to 21
58-17-97 Provisions covering preexisting conditions.
58-17-98 Health insurance policies to provide coverage for biologically-based mental illnesses.
58-17-99 Application of § 58-17-98--Exemptions.
58-17-100 Definitions.
58-17-101 Insurer may not exclude certain off-label uses of prescription drugs.
58-17-102 Exceptions.
58-17-103 Provisions limited to cancer or life threatening diseases.
58-17-104 Deductibles, copayments, and managed care review not affected.
58-17-105 Drugs used in research trials not covered.
58-17-106 No reduction or limitation of coverage otherwise required by law.
58-17-107 Health insurance policies to provide coverage for prostate cancer screening.
58-17-108 "Disability income insurance" defined.
58-17-109 Exclusion or reduction of benefits.
58-17-110 Commencement of loss.
58-17-111 Minimum standards--Exceptions.
58-17-112 Promulgation of rules regarding disability income policies--Content.
58-17-113 58-17-113, 58-17-114. Repealed by SL 2015, ch 249, § 36, eff. Jan. 1, 2017.
58-17-115 58-17-115. Repealed by SL 2015, ch 249, § 5.
58-17-116 58-17-116. Repealed by SL 2015, ch 249, § 36, eff. Jan. 1, 2017.
58-17-117 58-17-117, 58-17-118. Repealed by SL 2015, ch 249, §§ 6, 7.
58-17-119 58-17-119 to 58-17-124. Repealed by SL 2015, ch 249, § 36, eff. Jan. 1, 2017.
58-17-125 58-17-125. Repealed by SL 2015, ch 249, § 10.
58-17-126 58-17-126. Repealed by SL 2015, ch 249, § 36, eff. Jan. 1, 2017.
58-17-127 58-17-127 to 58-17-137. Repealed by SL 2015, ch 249, §§ 12 to 22.
58-17-138 58-17-138. Repealed by SL 2015, ch 249, § 36, eff. Jan. 1, 2017.
58-17-139 58-17-139 to 58-17-141. Repealed by SL 2015, ch 249, §§ 24 to 26.
58-17-142 Maximum premium rates for plans issued prior to August 1, 2003--Rate provisions of § 58-17-75 to apply upon carrier's discontinuance of active marketing.
58-17-143 58-17-143. Repealed by SL 2015, ch 249, § 36, eff. Jan. 1, 2017.
58-17-144 58-17-144, 58-17-145. Repealed by SL 2015, ch 249, §§ 28, 29.
58-17-145.1 Deadline for submission of health claim under risk pool.
58-17-146 Dental insurers prohibited from setting fees for noncovered service.
58-17-146.1 Certain contract terms voidable by dentist.
58-17-147 Elective abortion coverage prohibited in qualified health plan offered through health insurance exchange.
58-17-148 Qualified health plan sold through exchange to provide for placement through licensed insurance producer--Commissions.
58-17-149 Definitions regarding retrospective payment of clean claims for covered services provided during credentialing period.
58-17-150 Retrospective payment of clean claims for covered services provided by health care professional during credentialing period--Requirements.
58-17-151 Applications to be credentialed.
58-17-152 Application of §§ 58-17-149 to 58-17-151.
58-17-153 Coverage for treatment of hearing impairment for persons under age nineteen.
58-17-154 Definitions for §§ 58-17-155 to 58-17-162.
58-17-155 Exceptions to application of §§ 58-17-154 to 58-17-162.
58-17-156 Policies, contracts, certificates, and plans subject to §§ 58-17-154 to 58-17-162.
58-17-157 Coverage for applied behavior analysis for treatment of autism spectrum disorders.
58-17-158 Authorization, prior approval, and other care management requirements--Annual maximum benefit.
58-17-159 Qualifications of person performing or supervising applied behavior analysis.
58-17-160 Review of treatment.
58-17-161 Services under individualized service plan, family service plan, or education program.
58-17-162 Effective date of §§ 58-17-154 to 58-17-161.
58-17-163 Dental care insurers to honor assignment of benefits.
58-17-164 Revocation of assignment of dental insurance benefits.
58-17-165 Reimbursement of payment from insured following receipt of payment from insurer.
58-17-166 Scope of benefits not affected--Medical benefits not included.
58-17-167 Definitions pertaining to telehealth coverage.
58-17-168 Coverage for health care services provided through telehealth.
58-17-169 Discrimination between coverage for services provided in person and through telehealth prohibited.
58-17-170 Application of telehealth coverage requirements.
58-17-171 Payment for dental services--Credit card requirement prohibited.
58-17A-1
Definition of terms.
58-17A-2
Regulations to establish specific standards for policy provisions.
58-17A-3
Preexisting conditions--Policy provisions.
58-17A-3.1
Preexisting conditions provision prohibited in replacement policy--Exception.
58-17A-4
Reasonable benefits required--Regulations to establish minimum standard from loss
ratios--Policies issued through mail or mass media advertising.
58-17A-4.1
Repealed.
58-17A-5
Outline of coverage delivered at time of application for insurance.
58-17A-6
Informational brochures.
58-17A-7
Health insurance policies--Requirements for information regarding medicare
coverage.
58-17A-8
Notice of right to return and right to premium refund printed in medicare supplement
policies and certificates--Payment of refund.
58-17A-8.1
Issuance of policies by insurance company, nonprofit hospital service plan, medical
service corporation, or fraternal benefit society--Delivery receipts--Certificates of
mailing--Term of retention.
58-17A-9
Regulations subject to Administrative Procedures Act.
58-17A-10
Filing requirements--Master policy--Rates, rating schedules, and supporting
documentation--Riders or amendments to delete outpatient prescription drug benefits.
58-17A-11
Premiums to be adjusted to produce a loss ratio conforming with minimum
standards--Form of adjustments.
58-17A-12
Repealed.
58-17A-13
Review of advertisements of issuers providing medicare supplement insurance.
58-17A-14
Requirements for replacement of policy.
58-17A-15
Sale of second policy prohibited except as replacement--Liability of issuer.
58-17A-16
Additional penalties for violation of title.
58-17A-17
Conditional or discriminatory policy or certificate prohibited.
58-17B-1
Scope.
58-17B-2
Definition of terms.
58-17B-3
Minimum requirements for individual policy.
58-17B-4
Adoption of rules--Standards for disclosure.
58-17B-5
Grounds for termination and certain provisions prohibited.
58-17B-5.1
Replacement of policy--Waiver of time periods.
58-17B-6
Defining "preexisting conditions"--Requirements--Exclusions for loss or
confinement--Extending limitation periods.
58-17B-7
Requirements for long-term care insurance policies--Post-confinement, post-acute
care, or recuperative benefits.
58-17B-8
Adoption of rules to establish loss ratio standards.
58-17B-9
Policyholder's right to return--Notice.
58-17B-10
Delivery of outline of coverage--Contents.
58-17B-11
Contents of certificate.
58-17B-12
Compliance with chapter prerequisite to advertisement, marketing, offer.
58-17B-13
Endorsement required--Cost-of-living adjustment not required.
58-17B-13.1
Establishment of standards and requirements for cost-of-living adjustment.
58-17B-14
Coverage offered to resident under group policy issued in other state--Requirements.
58-17B-15
Rules in accordance with chapter 1-26.
58-17B-16
Temporary absence from nursing home or assisted living facility--Effect on benefits
for long-term care charges and other requirements--Application.
58-17C-1 to 58-17C-52. Repealed.
58-17C-53
Repealed.
58-17C-54 to 58-17C-60. Repealed.
58-17C-61, 58-17C-62.
Repealed.
58-17C-63 to 58-17C-103. Repealed.
58-17C-104
Transferred.
58-17C-105
Transferred.
58-17C-106
Transferred.
58-17C-107
Transferred.
58-17C-108
Repealed.
58-17D-1
Definitions.
58-17D-2
Certain utilization review organizations exempt from managed health care
provisions.
58-17D-3
Property and casualty insurers to use registered utilization review organizations.
58-17D-4
Utilization review to be administered by qualified professional.
58-17D-5
Certain basis for fees prohibited.
58-17D-6
Insurer denying policyholder's claim to provide for reconsideration.
58-17D-7
No cause of action created or abrogated.
58-17E-1
Affiliate defined.
58-17E-2
Discount medical plan defined.
58-17E-3
Discount prescription drug plan defined.
58-17E-4
Discount medical plan organization defined.
58-17E-5
Definitions.
58-17E-6
Application of chapter.
58-17E-7
Registration exception and compliance requirements for otherwise registered health
carriers.
58-17E-8
Notification of director required where discount medical plan organization loses
registration or is subject to disciplinary proceeding in another state.
58-17E-9
Registration of discount medical plan organization.
58-17E-10
Review of application.
58-17E-11
Internet website to be established.
58-17E-12
Duration of registration--Renewal applications.
58-17E-13
Renewal of registration.
58-17E-14
Nonrenewal, suspension, or revocation of registration.
58-17E-15
Notice of grounds for nonrenewal, suspension, or revocation--Hearing.
58-17E-16
Winding up of affairs.
58-17E-17
Duration of suspension--Conditions for reinstatement.
58-17E-18
Consent orders.
58-17E-19
Registration exception for providers giving discounts to own patients.
58-17E-20
Surety bond.
58-17E-21
Deposit in lieu of surety bond.
58-17E-22
Surety bonds and deposits not subject to levy by claimants.
58-17E-23
Examination or investigation of discount medical organization--Expenses.
58-17E-24
Pro rata reimbursement of charges upon cancellation of membership.
58-17E-25
Written materials on member benefits.
58-17E-26
Services to be provided in accordance with written agreement.
58-17E-27
Contents of provider agreement.
58-17E-28
Contents of provider network agreement.
58-17E-29
Agreements with entity contracting with provider network.
58-17E-30
Copies of agreements to be maintained.
58-17E-31
Internet website requirements.
58-17E-32
Application of provider agreement requirements.
58-17E-33
Marketing of product--Agreement.
58-17E-34
Contents of marketing agreement.
58-17E-35
Liability for conduct of marketer.
58-17E-36
Approval of advertisements and marketing materials.
58-17E-37
Submission of advertising and marketing materials to director.
58-17E-38
Advertisements to be truthful and not misleading.
58-17E-39
Disclosure that product is not insurance--Advertisements--Rules--Revocation of
registration--Agents.
58-17E-40
Prohibited conduct.
58-17E-41
Signature on contract required prior to receipt of consideration--Disclosure of
information--Exception.
58-17E-42
Disclosures required for telephone contacts.
58-17E-43
Member to be provided written copy of terms of plan.
58-17E-44 Contents of written materials.
58-17E-45 Consumer's right to return plan or program--Refund.
58-17E-46 Notice to director of change in plan.
58-17E-47 Construction with trade practices statute.
CHAPTER 58-17F
NETWORK ADEQUACY STANDARDS
58-17F-1 Definitions.
58-17F-2 Health benefit plan defined.
58-17F-3 Medical director required for managed care plans.
58-17F-4 Health carrier to provide written information to prospective enrollees--Specific information required.
58-17F-5 Health carrier to maintain provider network sufficient to assure services without unreasonable delay--Emergency services--Determination of sufficiency.
58-17F-6 Where provider network is insufficient, covered benefit to be made available at no greater cost.
58-17F-7 Health carrier to ensure provider proximity to covered persons.
58-17F-8 Health carrier to monitor provider ability, capacity, and authority--Financial capability to be monitored in capitated plans.
58-17F-9 Factors to consider in determining network adequacy.
58-17F-10 Access plan required for managed care plans--Annual update--Contents--Exemptions for discounted fee-for-service networks.
58-17F-11 Requirements for health carrier and providers in managed care plans.
58-17F-12 Provisions governing contractual arrangements between health carriers and intermediaries.
58-17F-13 Sample contract forms to be filed with director--Material changes to be submitted--Certain changes not material--Director's inaction within certain time deemed approval--Contract copies to be provided upon request.
58-17F-14 Contract does not relieve health carrier of liability.
58-17F-15 Remedies available to director against health carrier found not in compliance.
58-17F-16 Managed care contractor to register with director.
58-17F-17 Filing changes in registration information.
58-17F-18 Request for information from managed care contractor.
58-17F-19 Activities of nonregistered managed care contractor prohibited.
58-17F-20 Registration fee for managed care contractor.
58-17F-21 Promulgation of rules.
CHAPTER 58-17G
QUALITY ASSESSMENT AND IMPROVEMENTS
58-17G-1 Definitions.
58-17G-2 Health benefit plan defined.
58-17G-3 Health carrier to develop and maintain systems to measure quality of services--System requirements--Description of quality assessment program to be filed with director.
58-17G-4 Health carrier issuing closed plan to develop quality improvement activities--Minimum requirements of quality improvement activities.
58-17G-5 Carrier may be deemed in compliance if private accrediting body meets requirements.
58-17G-6 Division to monitor complaints regarding managed care policies.
58-17G-7 Promulgation of rules.
CHAPTER 58-17H
UTILIZATION REVIEW AND BENEFIT DETERMINATIONS
58-17H-1 Definitions.
58-17H-2 Health benefit plan defined.
58-17H-3 Urgent care request defined.
58-17H-4 Applicability of chapter.
58-17H-5 Health carrier to provide emergency services coverage without requiring prior authorization--Standards for coverage of emergency services.
58-17H-6 In-network emergency services.
58-17H-7 Cost-sharing requirements for out-of-network emergency services.
58-17H-8 Cost-sharing requirements for covered persons--Payments to out-of-network providers.
58-17H-9 Exceptions for payments by capitated and other plans without negotiated fees.
58-17H-10 Negotiated amounts for in-network providers for a particular emergency service.
58-17H-11 General cost-sharing requirements allowed.
58-17H-12 Access to representative for post-evaluation or post-stabilization services.
58-17H-13 Health carrier may be deemed to meet emergency medical coverage requirements if met by private accrediting body.
58-17H-14 Health carrier responsibility for utilization review activities.
58-17H-15 Director to hold health carrier responsible for utilization review performance of contractor.
58-17H-16 Written utilization review program required--Contents of program document.
58-17H-17 Utilization review program to use documented clinical review criteria--Criteria to be available to authorized agencies upon request.
58-17H-18 Program to be administered by qualified licensed health care professionals.
58-17H-19 Determinations to be issued in timely manner--Process to ensure consistency.
58-17H-20 Effectiveness and efficiency of program to be routinely reviewed.
58-17H-21 Data systems to support program activities and generate management reports.
58-17H-22 Health carrier oversight of delegated activities--Requirements.
58-17H-23 Utilization review to be coordinated with other medical management activity of health carrier.
58-17H-24 Health carrier to provide free access to review staff.
58-17H-25 Only information necessary for review or determination to be collected.
58-17H-26 Independence and impartiality required for utilization review.
58-17H-27 Written procedures required for making determinations--Notification.
58-17H-28 Prospective review determinations--Timing--Notification of requirements--Extension of time.
58-17H-29 Concurrent review determinations--Timing--Notification requirements.
58-17H-30 Retrospective review determinations--Timing--Notification requirements.
58-17H-31 Calculation of time period for determination for prospective and retrospective reviews.
58-17H-32 Notification of adverse determination--Contents.
58-17H-33 Information required to be provided to covered persons and prospective covered persons.
58-17H-34 Health carrier may be deemed to meet utilization review requirements if met by private accrediting body.
58-17H-35 Registration of utilization review organizations--Required information.
58-17H-36 Filing changes in registration information.
58-17H-37 Requests for information from utilization review organizations.
58-17H-38 Activities of nonregistered utilization review organizations prohibited.
58-17H-39 Registration fee for utilization review organizations.
58-17H-40 Urgent care requests--Written procedures required for receipt and determination of requests.
58-17H-41 Insufficient information for determination--Notice and statement of necessary information.
58-17H-42 Insufficient information for determination of prospective urgent care requests.
58-17H-43 Urgent care requests--Timely notification of determination.
58-17H-44 Time within which to submit necessary information.
58-17H-45 Urgent care requests--Notice of determination--Failure to submit necessary information as grounds for denial of certification.
58-17H-46 Concurrent review urgent care requests--Extended care requests--Time for determination and notice.
58-17H-47 Calculation of time periods for determination.
58-17H-48 Notification of adverse determination--Requirements.
58-17H-49 Promulgation of rules.
58-17H-50 Coverage for cancer treatment medication.
58-17H-51 Reclassification of benefits with respect to cancer treatment medications.
58-17H-52 Medical management practices complying with chapter.
58-17H-53 Step therapy protocols.
58-17H-54 Step therapy protocols--Process--Transparency.
58-17H-55 Step therapy override exceptions.
58-17H-56 Limitations.
CHAPTER 58-17I
GRIEVANCE PROCEDURE
58-17I-1 Definitions.
58-17I-2 Health benefit plan defined.
58-17I-3 Urgent care request defined.
58-17I-4 Register of grievances required--Information to be compiled--Maintenance.
58-17I-5 Repealed.
58-17I-6 Grievance procedures--Filing--Certificate of compliance--Contact information.
58-17I-7 Review of adverse determination--Time for filing--Designation and notice of reviewers--Scope of review.
58-17I-8 Rights of covered person or authorized representative on review--Access to documentation.
58-17I-9 Time for decision and notice--Calculation of time periods.
58-17I-10 Procedures for providing new or additional evidence.
58-17I-11 Issuance of decision--Required contents.
58-17I-12 Expedited review for adverse determinations involving urgent care requests--Appointment of peers for review.
58-17I-13 Transmission of necessary information for certain expedited reviews.
58-17I-14 Expedited review decision not initial determination for benefits--Notification--Time periods--Continuation of service involving concurrent review urgent care requests.
58-17I-15 Expedited review decision--Notification--Required contents.
58-17I-16 Promulgation of rules.
58-17J-1
Definitions.
58-17J-2
Patient choice--Health care provider participation.
CHAPTER 58-17K
HEALTH CARE COST TRANSPARENCY
58-17K-1 Definitions.
58-17K-2 Cost-sharing information described--Required disclosure to enrollees.
58-17K-3 Cost-sharing information disclosed--Required internet method and format.
58-17K-4 Cost-sharing information disclosed--Paper or other method on request--Limit on providers per request.
58-17K-5 Prescription drug file--Required public disclosure--Method, format, and updates.
58-17K-6 Cost-sharing information or prescription drug file--Third party contract to provide information--Health insurer responsible.
58-17K-7 Acting in good faith--Error or omission--Reliance on other entity.
58-17K-8 Compliance with applicable laws required.
58-17K-9 Applicability to certain plans.
58-17K-10 Rules and regulations.
58-17K-11 Plan years effective.
CHAPTER 58-18
GROUP AND BLANKET HEALTH INSURANCE POLICIES
58-18-1 Group health insurance" defined.
58-18-2 Employee group insurance authorized--Employees defined.
58-18-3 Employer association group health insurance authorized--Employees defined.
58-18-4 Industry fund group insurance authorized--Employees defined.
58-18-4.1 Restrictions on issuance of group health insurance policy to association.
58-18-4.2 Required duration of participation by employer member in association plan.
58-18-4.3 Association plan covering state residents to comply with state law.
58-18-4.4 Requirements for insurer offering fully insured health benefit plan through association.
58-18-5 Issuance to person or organization to which group life insurance policy may be issued.
58-18-6 Issuance to cover similar group subject to discretion of director.
58-18-6.1 Coverage of proprietors, partners and executive corporate officer employees.
58-18-7 Continuation without evidence of insurability--Application.
58-18-7.1 Coverage for inpatient treatment of alcoholism to be offered in group policies--Treatment within state included.
58-18-7.2 Benefits provided under alcoholism coverage--Maximum treatment periods permitted.
58-18-7.3 Policies not within alcoholism coverage requirement.
58-18-7.4 Coverage upon application by employee or beneficiary with right to convert following notice of termination.
58-18-7.5 Continuation of coverage upon leaving employment or termination of coverage by insurer--Duration.
58-18-7.6 58-18-7.6 to 58-18-7.10. Repealed by SL 2001, ch 280, §§ 7 to 11
58-18-7.11 Continuation or conversion policy not required under certain circumstances.
58-18-7.12 Conditions for continuation.
58-18-7.13 Premium for conversion policy and continuation policy.
58-18-7.14 Notification of continuation and conversion rights.
58-18-7.15 Group insurance coverage in lieu of converted individual policies.
58-18-7.16 58-18-7.16. Repealed by SL 2001, ch 280, § 15
58-18-7.17 Exclusion of benefits for injury while under the influence of alcohol or drugs prohibited--Exception for sickness or injury caused in commission of felony.
58-18-7.18 Continuation coverage to be same as that available to similarly situated beneficiaries--Option to decrease benefits.
58-18-7.19 Probationary period for continuation or conversion coverage prohibited.
58-18-7.20 Construction with chapter 58-18C.
58-18-7.21 Continued coverage--Insurer's use of experience for rating purposes not limited--Options unavailable in market not required.
58-18-8 Representations by applicant not warranties--Written statement required to avoid insurance or reduce benefits.
58-18-9 Summary statement of coverage for delivery to member of insured group.
58-18-10 Additions to group originally insured.
58-18-11 Direct payment for hospital, medical, or surgical services--Option of insurer.
58-18-11.1 Reduction of benefits because of increase in statutory disability benefits prohibited.
58-18-11.2 58-18-11.2. Repealed by SL 2009, ch 266, § 1.
58-18-12 Blanket health insurance defined.
58-18-13 Blanket health insurance for passengers on common carrier.
58-18-14 Blanket health insurance for employees, dependents, or guests with reference to hazardous activities.
58-18-15 Blanket health insurance for institutions of learning, camps, or sponsors.
58-18-16 Blanket health insurance for religious, charitable, recreational, educational, or civic organizations.
58-18-17 Blanket health insurance for sports team or sponsors.
58-18-18 Blanket health insurance for volunteer group or agency.
58-18-19 Blanket health insurance for other risks approved by director.
58-18-20 Authority to issue blanket health insurance--Filing of copy of form--Required provisions.
58-18-21 Policy and application constitute entire contract--Statements by policyholder not warranties--Written statement required for use in defense of claim.
58-18-22 Sickness or injury--Provision for notice to insurer.
58-18-23 Forms for filing proof of loss--Failure of insurer to furnish, submission of written proof.
58-18-24 Claim for loss of time--Time for furnishing proof of loss--Notice of continuance of disability.
58-18-25 Time for payment of benefits.
58-18-26 Physical examination of insured--Autopsy in death claims.
58-18-27 Time for commencement of action to recover under policy.
58-18-28 Individual application and certificate not required under blanket policy.
58-18-29 Persons to whom benefits payable under blanket health policy.
58-18-30 Chapter inapplicable to prior policies.
58-18-31 Continuation of coverage for child with intellectual or physical disability--Proof of dependency.
58-18-31.1 Dependent coverage termination--Age--Full-time student.
58-18-32 Family coverage to include newborn and newly adopted children.
58-18-33 Premature birth, congenital defects, and birth abnormalities covered--Applicability.
58-18-34 Notice of birth or adoption required for continued coverage.
58-18-35 Notice required for rate increase by group health insurance company.
58-18-36 Grandfathered plans required to cover low-dose mammography--Extent of coverage.
58-18-36.1 Policies required to cover occult breast cancer screening.
58-18-37 Freedom of choice for pharmacy services.
58-18-38 Annual period of enrollment for licensed pharmacies--Actual notice of enrollment period not required.
58-18-39 Provisions denying choice for pharmacy services as void.
58-18-40 Enforcement of provisions permitting choice for pharmacy services.
58-18-41 Coverage for phenylketonuria.
58-18-42 Health benefit plan defined.
58-18-43 Late enrollee defined.
58-18-44 Creditable coverage defined.
58-18-45 Preexisting conditions--Limitation of waiting periods.
58-18-45.1 (Text of section effective until the first plan year, policy year, or renewal date on or after January 1, 2019) Anesthesia and hospitalization for dental care to be provided certain covered persons.
58-18-46 Renewability of health benefit plans--Employer's election--Exceptions.
58-18-47 Nonrenewal of health benefit plans by an employer carrier.
58-18-48 Acceptance of new employees for coverage under employer's existing health benefit plan.
58-18-49 Carrier's offer of coverage to employer--Coverage of all eligible employees.
58-18-50 58-18-50, 58-18-51. Repealed by SL 1997, ch 289, §§ 12, 13
58-18-51.1 Application of §§ 58-18-42 to 58-18-49, inclusive.
58-18-52 Formation of voluntary health insurance purchasing organizations.
58-18-52.1 Political subdivisions permitted to join with health insurance purchasing organizations.
58-18-53 Membership of voluntary health insurance purchasing organizations.
58-18-54 Purchasing organization's responsibility for negotiating terms and conditions.
58-18-55 Purchasing organization's notice of premium charge.
58-18-56 Additional chapters applicable to purchasing organization.
58-18-57 Approval of purchasing organization by Division of Insurance.
58-18-58 Premiums held in trust by purchasing organization.
58-18-59 Rates for group health insurance issued to purchasing organizations.
58-18-60 Reasonable participation requirements for group members of purchasing organizations.
58-18-61 Purchasing organizations exempt from antitrust provisions.
58-18-62 Promulgation of rules for purchasing organizations.
58-18-63 Minimum loss ratio for employer health benefit plans--Application of section.
58-18-64 58-18-64 to 58-18-75. Repealed by SL 2000, ch 243, §§ 4 to 15
58-18-76 Minimum inpatient care coverage following delivery.
58-18-77 Shorter hospital stay permitted--Follow-up within forty-eight hours required.
58-18-78 Notice to employees or members--Disclosures.
58-18-79 Promulgation of rules to minimally meet federal standards--Additional rules--Scope.
58-18-80 Health insurance policies to provide coverage for biologically-based mental illnesses.
58-18-81 Application--Exemptions.
58-18-82 Carrier to provide annual report--Time frame--Information.
58-18-83 Policies to provide coverage for diabetes supplies, equipment and education--Exceptions--Conditions and limitations.
58-18-84 Diabetes coverage not required of certain plans and policies.
58-18-85 Policies to provide coverage for prostate cancer screening.
58-18-86 Plans subject to § 58-18-45--Exceptions.
58-18-87 Director to promulgate rules governing use of genetic information.
58-18-88 Authorization of self-funded multiple employer trust sponsored by association--Conditions.
58-18-88.1 Request for waiver by association formed in another state.
58-18-89 Promulgation of rules pertaining to multiple employer trusts.
58-18-90 Multiple employer trust not insurance company or association or subject to specified provisions--Exception.
58-18-91 Suspension or revocation of authorization of multiple employer trust--Action in lieu of suspension or revocation.
58-18-92 Payment of premium taxes.
58-18-93 Agent licensing requirements.
58-18-94 Application of provisions regarding multiple employer trusts--Inclusion of large and small employers.
58-18-95 Coverage for treatment of hearing impairment for persons under age nineteen.
58-18A-1 to 58-18A-7.
Repealed.
58-18A-8
Repealed.
58-18A-9 to 58-18A-14.
Repealed.
58-18A-15 to 58-18A-52. Repealed.
58-18A-53
Definitions.
58-18A-54
Allowable expenses defined.
58-18A-55
Expenses that are not allowable.
58-18A-56
Exclusion of certain expenses.
58-18A-57
Plan defined--Types of coverage considered in coordination of benefits
to be stated.
58-18A-58
Contracts and coverages included within definition of plan.
58-18A-59
Contracts and coverages not included within definition of plan.
58-18A-60
Application date.
58-18A-61
Promulgation of rules concerning coordination of health plan benefits.
58-18A-62
Prohibited grounds for reduction of benefits.
58-18A-63
Restriction on excess or secondary benefits provisions.
58-18A-64
Closed panel plans.
58-18A-65
Prohibition on reduction of benefits for coverage not qualifying as plan.
58-18A-66
Order of benefit payments.
58-18A-67
Coordination of benefits only available to secondary plans.
58-18A-68
Order of benefits determined under §§ 58-18A-69 to 58-18A-74.
58-18A-69
Plan covering person other than as dependent.
58-18A-70
Plan covering dependent child.
58-18A-71
Plan covering person as active employee.
58-18A-72
Coverage under COBRA or right of continuation.
58-18A-73
Plan covering person for longer period of time.
58-18A-74
Sharing of allowable expenses equally.
58-18A-75
Calculation of amount to be paid by secondary plan.
58-18A-76
Plan providing benefits as services.
58-18A-77
Coordination of benefits of complying and noncomplying plans.
58-18A-78
Noncomplying secondary plan to advance difference covered person
would have received if complying plan had been secondary plan.
58-18A-79
Subrogation distinguished.
58-18A-80
Paying of claim where plans disagree on order of benefits.
58-18A-81
Time for bringing existing contract into compliance with statutory
requirements.
58-18A-82
Proceedings not subject to statutory requirements.
58-18A-83
Duties, rights accrued, and offenses committed prior to July 1, 2007.
58-18B-1
Definition of terms.
58-18B-2
Chapter applicable to small employer benefit plans.
58-18B-3
Regulations on premium rates.
58-18B-3.1
Base rate increase to be filed with director--Approval or disapproval.
58-18B-4, 58-18B-5.
Repealed.
58-18B-6
Disclosure in solicitation and sales materials.
58-18B-7
Information and documentation required--Disclosure.
58-18B-8
Suspension of rate requirements.
58-18B-9
Application of chapter.
58-18B-10
Repealed.
58-18B-11
Health maintenance organization considered separate carrier.
58-18B-12
Ceding arrangements resulting in less than fifty percent of obligation or
risk retained by carrier prohibited.
58-18B-13
Transition period when acquiring additional class of business.
58-18B-14
Rate changes only for small employer business.
58-18B-15
Provisions for premium rates.
58-18B-16
Repealed.
58-18B-17
Limit on premium rates.
58-18B-18
Promulgation of rules for rating practices.
58-18B-19
Repealed.
58-18B-20
Small employer carrier to issue plan to any small employer--Criteria--Exceptions--Two percent earned premium threshold.
58-18B-21, 58-18B-22.
Repealed.
58-18B-23
Uniform application of requirements used to determine eligibility of
employers.
58-18B-24
Application of minimum participation and minimum employer
contribution requirements.
58-18B-25
Considerations in applying minimum participation requirements--Premium
discounts.
58-18B-26
Increase in minimum requirements for employee participation or employer
contribution prohibited after acceptance for coverage.
58-18B-27
Modification to exclude certain diseases prohibited.
58-18B-27.1
Exclusion of benefits for injury while under the influence of alcohol or
drugs prohibited--Exception for sickness or injury caused in commission
of felony.
58-18B-28
Requirements lifted from small employer carrier in financially impaired
condition.
58-18B-29
Repealed.
58-18B-30
Repealed.
58-18B-31, 58-18B-32.
Repealed.
58-18B-33
Repealed.
58-18B-34
Repealed.
58-18B-35
Director to promulgate rules regulating sale of multiple employer trusts
and welfare arrangements--Scope of rules.
58-18B-36
Rules governing implementation and administration of this chapter.
58-18B-37
Marketing health benefit plans--Denial of coverage to employer.
58-18B-38
Prohibited activities of small employer carriers or insurance producers.
58-18B-39 Information regarding restricted network provision of carrier.
58-18B-40 Agent compensation based on characteristics of small employer prohibited--Commission on sale of health insurance plan through exchange.
58-18B-41 Compensation of insurance producer based on percentage of premium.
58-18B-42 Repealed.
58-18B-43 Status of insurance producer's employment may not be affected by health status, claims experience, occupation, or location of small employer placed with carrier.
58-18B-44 Carrier or agent not to induce or encourage employer to exclude employee from coverage.
58-18B-45 Reasons for denial of coverage to be in writing.
58-18B-46 Rules for additional standards for fair marketing and broad availability of benefit plans to small employers--Penalties.
58-18B-47 Third-party administrator treated as small employer carrier.
58-18B-48 Chapter not applicable to certain group health insurance plans.
58-18B-49 Establishing risk adjusters.
58-18B-50 Minimum inpatient care coverage following delivery.
58-18B-51 Shorter hospital stay permitted--Follow-up visit within forty-eight hours required.
58-18B-52 Notice to employees--Disclosures.
58-18B-53 Health insurance policies to provide coverage for biologically-based mental illnesses.
58-18B-54 Application--Exemptions.
58-18B-55 Supplemental or short term individual health benefit plans exempt from provisions of chapter--Conditions.
58-18B-56 Policies to provide coverage for diabetes supplies, equipment and education--Exceptions--Conditions and limitations.
58-18B-57 Diabetes coverage not required of certain plans.
58-18B-58 Health benefit plans to provide coverage for prostate cancer screening.
58-18B-59 Repealed.
58-18B-60 Coverage for treatment of hearing impairment for persons under age nineteen.
CHAPTER 58-18C
CONTINUATION OF HEALTH CARE COVERAGE
58-18C-1 Continuation of coverage after employer ceases operations, fails to pay premiums, or cancels coverage--Persons covered--Time.
58-18C-2 58-18C-2. Repealed by SL 2005, ch 270, § 7.
58-18C-3 Eligibility requirements.
58-18C-4 Notice of termination required.
58-18C-5 Exercising continuation rights--Option to decrease benefits.
58-18C-6 58-18C-6. Repealed by SL 2005, ch 270, § 8.
58-18C-7 Continuation policy not required in certain circumstances.
58-18C-8 Premiums for continuation policies.
58-18C-9 Notification of continuation rights.
58-18C-10 58-18C-10. Repealed by SL 2005, ch 270, § 9.
58-18C-11 Enforceability of chapter under Employee Retirement Income Security Act.
58-19-1
Purpose of chapter.
58-19-2
Definition of terms.
58-19-3
Life and health insurance connected with credit transactions subject to chapter--Exceptions.
58-19-4
Forms of credit life insurance and credit health insurance.
58-19-5
Existing insurance--Choice of insurer.
58-19-5.1
Credit insurance not to be required for lease.
58-19-6
Maximum amount of credit life insurance.
58-19-7
Agricultural credit transaction commitments--Amount of insurance.
58-19-8
Indemnity payable by credit health insurance--Maximum amount.
58-19-9
Term of insurance--Commencement.
58-19-10
Commencement of insurance when evidence of insurability required.
58-19-11
Duration of term of insurance--Extension--Renewal or refinancing.
58-19-12
Revision of premium schedule--Filing.
58-19-13
Premium rate not to exceed scheduled rate--Misdemeanor.
58-19-14
Amount charged debtor not to exceed premium charged by insurer--Misdemeanor.
58-19-15
Termination of insurance prior to maturity date--Refund of amount paid by debtor.
58-19-16
Creditor requiring debtor to pay for insurance--Notice to debtor--Credit to account.
58-19-17
Issuance of policies.
58-19-18
Individual policy or group certificate delivered to debtor.
58-19-19
Contents of individual policy or group certificate.
58-19-20
Time of delivery of individual policy or group certificate.
58-19-21
Application or notice delivered to debtor in lieu of policy or certificate.
58-19-22
Delivery to debtor of policy or certificate after acceptance of insurance.
58-19-23
Policy received by debtor on nonacceptance of risk by named insurer--Description of
substitute insurance.
58-19-24
Forms--Filing with director.
58-19-25
Prior policies--Group certificate and notice of proposed insurance, filing and approval by
director--Schedules of premium rates.
58-19-26
Disapproval of filed forms by director.
58-19-27
Use of disapproved forms unlawful--Reason stated in notice--Hearing on request--Use
of forms pending approval.
58-19-28
Withdrawal of approval of form--Notice and hearing.
58-19-29
Use of forms unlawful after withdrawal.
58-19-30
Judicial review of order or final determination of director as to forms.
58-19-31
Claims--Reporting to insurer--Settlement.
58-19-32
Settlement or adjustment of claims by person other than insurer prohibited--Creditor not
claim representative--Payment by group policyholder.
58-19-33
Manner of payment of claims.
58-19-34
Promulgation of rules by director--Purpose and scope.
58-19-35
Order for compliance issued by director--Notice and hearing.
58-19-36
Revocation or suspension of license or certificate for violation--Notice and hearing--Judicial review.
58-19-37
Civil forfeiture for violations of orders of director.
58-19-38
Citation of chapter.
58-19-39 Credit unemployment insurance sold in connection with loans subject to chapter.
58-19-40 Credit unemployment insurance not required by lender in consumer transactions.
58-19-41 Coverage of credit unemployment insurance to begin first day of unemployment.
58-19-42 Credit unemployment insurance separately sold and priced--Exception--Not to be required for credit card issuance or renewal.
58-19-43 Filing of credit unemployment insurance policies, certificates, notices, applications, endorsements, and riders, and premium rate schedules.
58-19-44 Disapproval by director if premium rates excessive or provisions unjust.
58-19-45 Test of reasonableness of benefits to premium charged--Prima facie evidence--Restriction on commissions.
58-19-46 Review of insurance company's actuarial data--Reimbursement of cost.
58-19-47 Group property insurance authorized by credit card subject to chapter.
58-19-48 Group property insurance to be sold and priced separately--Exceptions--Insurance not to be condition for issuance or renewal of credit card.
58-19-49 All group property insurance policies, certificates, and documentation to be filed with the director.
58-19-50 Disapproval of group property insurance by director--Grounds--Time limit.
58-20-1
Definition of terms.
58-20-2
Policies subject to chapter.
58-20-3
Issuance of policies covering employers as well as employees--Wage values of
employers--Rights and remedies of employers.
58-20-3.1
Premiums based on certain wages prohibited.
58-20-4
Separate coverage of workers' compensation liabilities.
58-20-5
Entire liability of employer to employees covered by policy--Separate policy for
specified plant or work location, special authorization.
58-20-6
Agreement of insurer as to prompt payment--Obligation not affected by any default
of insured after injury--Direct obligation of insurer.
58-20-7
Right of employees to enforce liability of insurance carrier--Inclusion of provision
in policy.
58-20-8
Payment of compensation by employer or insurance carrier bars recovery against the
other.
58-20-9
Lien of worker upon amount due under policy--Inability of insured, direct payment
by insurer to worker, agents, and dependents.
58-20-10
Notice to either employer or insurer--Required policy provision.
58-20-11
Provision relieving insurer from payment on insolvency of insured prohibited.
58-20-12
Policy insuring against employers' liability other than workers' compensation--Required provisions--Liability of insurer--Actions for recovery.
58-20-13
Form of insurance to be approved before issuance--Ruling subject to appeal.
58-20-14
Cancellation of policy--Notice of intention to cancel--Service on employer.
58-20-15
Equitable apportionment among insurers of applicants for policies--Participation by
all insurers--Appeal to director--Judicial review.
58-20-16
Reinsurance reserve--Amount required.
58-20-17
Unallocated compensation loss expense payments--Distribution schedule included
in annual statement.
58-20-18
Unallocated liability loss expense payments--Distribution schedule included in
annual statement.
58-20-19
Inadequacy of liability or compensation loss reserves--Maintenance of additional
reserves required by director.
58-20-20
Annual statement--Inclusion of experience schedule.
58-20-21
Annual workplace safety review services--Recommendations for improved safety--Increased premiums.
58-20-22
Premium reductions and premium increases for certain insurers.
58-20-23
Liability for indemnity compensation or medical loss defined.
58-20-24
Policy to provide medical services and health care.
58-20-25
Terms as used in §§ 58-20-25 to 58-20-40.
58-20-26
Electric utilities authorized to form self-insurance associations.
58-20-27
Application for self-insurance association--Form.
58-20-28
Requirements to obtain self-insurance certificate.
58-20-29
Granting self-insurance application--Revocation.
58-20-30
Examination of self-insurance association's activities and records.
58-20-31
Promulgation of rules governing self-insurance associations.
58-20-32
Voluntary termination of participation in self-insurance association.
58-20-33
Involuntary termination of membership in self-insurance association.
58-20-34
Liability for contractual obligations subsequent to termination in self-insurance
association.
58-20-35
Annual report of affairs of self-insurance associations.
58-20-36
Dissolution of self-insurance association to be approved by department.
58-20-37
Deficiency of self-insurance associations made up by members.
58-20-38
Revocation of self-insurance association's certificate.
58-20-39
Self-insurance association not an insurance company.
58-20-40
Proceedings or investigations by department.
58-21-1
Qualifications of sole surety on official bonds.
58-21-2
Certificate of authority as evidence of qualifications.
58-21-3
Execution by insurer of official bonds--Compliance with law, rule, or regulation.
58-21-4
Forfeitures for unauthorized business--Amount--Action to recover.
58-21-5
Release from liability on official bonds.
CHAPTER 58-22
BAIL BONDSPERSONS
58-22-1 Definition of terms.
58-22-2 Qualifications of surety for release of person on bail.
58-22-3 Persons disqualified as bail bondsmen--Violation as felony.
58-22-4 Unqualified and unlicensed person acting as bail bondsman or runner prohibited--Pledging of property by individual as security for bail bond permitted--Penalties for violation.
58-22-5 Licenses to individuals only--Examination waived for persons previously acting--Exemptions.
58-22-6 Application for license--Affirmative showing of qualifications.
58-22-7 License fee submitted to director--Fingerprints and photograph of applicant.
58-22-8 Surety bondspersons--Annual list--Subsequent appointments--Fees.
58-22-9 Termination of appointment of surety bondsman by insurer--Notice to director--Information privileged.
58-22-10 Professional bondsman--Annual financial statement furnished by applicant.
58-22-11 Refusal, suspension, or cancellation of license for inadequate financial statement.
58-22-12 Application for license as runner--Affirmative showing of qualifications.
58-22-13 Runner's application--Fees--Fingerprints and photograph of applicant.
58-22-14 Application for license or renewal--Investigation of applicant's fitness--Criminal background check.
58-22-15 Failure of applicant for license to secure approval--Filing of another application.
58-22-16 Examination of bail bondsperson or runner.
58-22-17 Examination fee.
58-22-18 Failure of applicant to pass--Subsequent examinations.
58-22-19 Expiration of licenses.
58-22-20 Renewal license--Issuance by director--Fee.
58-22-21 Causes for denial, suspension, revocation, or refusal to renew license.
58-22-22 Suspension of license--Investigation by director--Notice and charges--Failure to answer or deny charges, revocation of license.
58-22-23 Denial of charges of unlawful conduct--Hearing by director, notice of time and place, rights of parties--Suspension or revocation of license.
58-22-24 Deposit by professional bondsman with director--Amount--Law governing--Waiver for person authorized to countersign for bail bondsman.
58-22-25 Annual registration of bail bondsman's license required--Violation as misdemeanor.
58-22-26 Notice to sheriffs of discontinuance of business during license period--Return of license for cancellation.
58-22-27 Appointment of runners--Director's approval required--Grounds for denying appointment.
58-22-28 Termination of appointment of runner--Notice filed with director--Notice to runner--Information privileged.
58-22-29 Giving or promising anything of value to principal as misdemeanor.
58-22-30 Acceptance of anything of value from principal except premium as misdemeanor--Collateral security or indemnity permitted.
58-22-31 Receipt for collateral--Description of collateral received.
58-22-32 Solicitation of business where prisoners confined as misdemeanor.
58-22-33 Giving or promising anything of value to public officials to secure settlement, remission, or reduction as felony.
58-22-34 Giving anything of value to attorney in bail bond matter as felony--Exception.
58-22-35 Bail bondsman or runner acting as attorney as misdemeanor.
58-22-36 Advising employment of particular attorney as misdemeanor.
58-22-37 Signing or countersigning of bond in blank by bail bondsman prohibited, exception.
58-22-38 Annual list of forfeitures of bonds--Contents.
58-22-39 Affidavit of property bondsman as to consideration for undertaking--Willful misstatement as perjury.
58-22-40 Surety's right to enforce indemnity agreement limited by affidavit.
58-22-41 Deposit by defendant admitted to bail.
58-22-42 Bail by surety substituted for deposit--Refunding of deposit--Cancellation of original undertaking.
58-22-43 Bail other than deposit--Cancellation by deposit.
58-22-44 Undertaking for appearance before a magistrate or court--Time of appearance.
58-22-45 Liability on undertaking unaffected by defects.
58-22-46 Validity of undertaking entered into on Sunday or holiday.
58-22-47 Administration and enforcement of chapter by director--Employment of personnel.
58-22-48 58-22-48. Repealed by SL 1978, ch 359, § 3
58-22-49 Written appointment required with application for runner's license.
58-22-50 Licensee to notify Division of certain convictions.
58-22-51 Out-of-state bail bondsperson--Notification of activities--Limitations on activities--License required.
58-22-52 List of runners to be furnished to director--Fee.
58-22-53 Posting of bond under bondsperson's own license for licensee's release prohibited.
58-22-54 Enforcement of title permitted although license surrendered or lapsed.
58-22-55 Report of felony criminal prosecution.
58-23-1
Action against insurer by injured party where execution returned unsatisfied.
58-23-2
Bankruptcy or insolvency of assured--Insurer not released from liability.
58-23-3
Tort liability of charitable institution--Insurer estopped from asserting charitable
immunity defense.
58-23-4
Primary and excess coverage on vehicle loaned by automobile service agency.
58-23-5
Effective date of vehicle coverage provisions.
58-23-6
Supplemental automobile coverage--Definition of terms.
58-23-7
Supplemental coverage to be offered with automobile liability policy.
58-23-8
Accident, disability, and medical benefits included in supplemental coverage.
58-23-9
Motor vehicle defined.
58-23A-1
Exclusion of coverage on basis of execution of arbitration agreement prohibited.
58-23A-2
Reports of malpractice claims required of insurers--Frequency.
58-23A-3
Form and contents of report on claims.
58-23A-4
Data required on disposition of claims.
58-23A-5
Forwarding of information to professional licensing board.
58-23A-6
Information and files kept by division--Confidentiality--Release at director's discretion.
58-23A-7
Insurers and division not liable for official actions under chapter.
CHAPTER 58-24
FIRE, MARINE, CASUALTY, AND SURETY INSURANCE RATES AND RATING ORGANIZATIONS
58-24-1 Purpose of chapter.
58-24-2 Application of chapter.
58-24-3 Insurance to which chapter does not apply.
58-24-4 Making of rates--Provisions governing.
58-24-5 Excessive, inadequate, or discriminatory rates prohibited.
58-24-6 Making of rates--Matters considered.
58-24-6.1 Failure of rate to reflect difference in expected losses and expenses as unfair discrimination--Averaged group rates not unfairly discriminatory.
58-24-7 Risks grouped by classification for rate-making--Modification of classification rates.
58-24-8 System of expense provisions used in rate-making--Reflection of operating methods.
58-24-9 Uniformity as to rates not required.
58-24-10 Filing of rates with director--Effective date--Character and extent of coverage--Exceptions.
58-24-10.1 Rating rules required to be filed with director--Filing date--Supporting information required.
58-24-10.2 Rate information required to be filed prior to effective date on finding that closer supervision is required--Extension of waiting period--Approval or disapproval.
58-24-11 58-24-11. Repealed by SL 2004, ch 307, § 9
58-24-12 Satisfaction of insurer's obligations by becoming member of or subscriber to licensed rating organization.
58-24-13 Information furnished in support of filing.
58-24-14 Filing open to public inspection--Specially rated inland marine risks.
58-24-15 Review of filings by director.
58-24-16 58-24-16. Repealed by SL 2006, ch 260, § 2
58-24-17 Filing with respect to specially rated risks--Effective date.
58-24-18 Disapproval of filing prohibited if rates meet requirements.
58-24-19 Disapproval of filings by director--Notice--Contents.
58-24-20 Disapproval of filing with respect to specially rated risks--Notice, contents.
58-24-21 Effect of finding and order that filing does not comply with chapter.
58-24-22 Request by aggrieved party for hearing on filing--Grounds for application.
58-24-23 Hearing on filing--Action by director--Notice of hearing.
58-24-24 Finding that filing does not comply--Order discontinuing filing--Effective date.
58-24-25 Issuance of contract or policy contrary to filings prohibited--Inland marine risks excepted.
58-24-26 Excess rate approved for specific risk--Filing application.
58-24-27 Assigned risks--Reasonable rate modifications.
58-24-28 Information to be furnished insureds.
58-24-29 Right of insured to hearing on application of rating system.
58-24-30 Appeal to director from rating organization or insurer--Affirmance or reversal of action.
58-24-31 Recording and reporting of loss and experience--Rules and statistical plans of director.
58-24-32 58-24-32. Repealed by SL 1986, ch 22, § 35
58-24-33 Exchange of information and experience data with other states--Consultation as to rate-making.
58-24-34 Withholding of or giving false or misleading information--Penalties.
58-24-35 Application for license as rating organization--Contents.
58-24-36 Issuance of license--Finding by director--Time for granting or denying application.
58-24-37 Duration of rating organization license--Fee.
58-24-38 Suspension or revocation of license.
58-24-39 Notice to director of change in license application information.
58-24-40 Subscribers to rating services--Rules of rating organization.
58-24-41 Review by director of reasonableness of rule or refusal to admit insurer as subscriber.
58-24-42 Order affirming action of rating organization.
58-24-43 Actuarial, technical, or other services provided to subscribers.
58-24-44 Examination of evidences of insurance or cancellation--Rules as to submission--Information confidential.
58-24-45 Regulation of payment of dividends, savings, or unabsorbed premium deposits prohibited.
58-24-45.1 Group insurance marketing permitted--Conditions.
58-24-46 Cooperation between organizations and insurers authorized--Review of cooperative activities by director.
58-24-47 Appeal to director from action of rating organization--Hearing--Order.
58-24-48 Appeal based on failure to file for different expense system--Application of rate-making standards.
58-24-49 Application of insurer to file deviation--Basis for modification--Copy to rating organization.
58-24-50 Deviations to be uniform within class.
58-24-51 Criteria considered on application for deviation--Order permitting or denying deviation.
58-24-52 Duration of permitted deviation.
58-24-53 Advisory organization license required.
58-24-54 Advisory organization filing requirements.
58-24-55 Unfair or unreasonable advisory organization practices--Order requiring discontinuance.
58-24-56 Filings based on information furnished by noncompliant advisory organization prohibited--Order requiring discontinuance.
58-24-57 Insurers engaging in joint underwriting or joint reinsurance subject to regulation.
58-24-58 Unfair or unreasonable practices of joint underwriters or joint reinsurers--Order requiring discontinuance.
58-24-59 Examination of rating organizations, advisory organizations, joint underwriters, and joint reinsurers--Acceptance of report of official of another state.
58-24-60 58-24-60. Repealed by SL 1986, ch 22, § 36
58-24-61 Violation of chapter--Penalties.
58-24-62 Suspension of license of rating organization or insurer.
58-24-63 Written order of director for imposition of penalty and suspension of license--Hearing, notice, findings.
58-24-64 Request for hearing on order or decision--Notice--Affirmance, reversal, or modification.
58-24-65 Rehearing and appeal from order of director.
58-24-66 Notice required for filing for workers' compensation insurance.
58-24-67 Notice to workers' compensation purchaser organizations.
58-24-68 Exempt commercial policyholder--Definition.
58-24-69 Risk manager defined.
58-24-70 Exemption from rate and form filing requirements for policy issued to exempt commercial policyholder--Disclosure requirements.
58-24-71 Third-party consultant disclosure requirements.
58-24-72 Promulgation of rules.
58-24-73 Insurer to maintain and provide copies of disclosures--Examination.
58-24-74 Insurer to maintain records relating to insurance sales to exempt commercial policyholder--Examination by director.
58-24-75 Premium increase prohibited for certain accidents involving law enforcement, emergency, or snow removal personnel--Exception.
58-25-1
Application of chapter.
58-25-2
Making of rates--Provisions governing.
58-25-3
Reasonableness and adequacy of rates.
58-25-4
Unfair discrimination in rates prohibited.
58-25-5
Grouping of guarantees by classification for rate-making.
58-25-6
Matters considered in making rates.
58-25-7
Schedule of rates or premiums--Filing with director--Contents.
58-25-8
Contracts, policies, or guarantees required to be filed with director, exceptions.
58-25-9
Change in rates or premiums or in contract forms--Filing with and approval by
director required.
58-25-10
Filing of rates and policies--Approval or disapproval by director.
58-25-11
Finding of director that prior approved filing does not comply with law--Hearing on
request--Affirmance or modification of prior action.
58-25-12
Issuance of contract, policy, or guarantee of insurance contrary to filings prohibited--Special risks excepted--Misdemeanor.
58-25-13
Deviations, rebates, and discounts prohibited.
58-25-14
Exchange of information and experience data--Consultation as to rate-making.
58-25-15
False or misleading information as misdemeanor.
58-25-16
Countersignature by agent or abstracter of county required--Violation as
misdemeanor.
58-25-17
Violation of chapter--Imposition of penalties by director.
58-25-18
Suspension of license of insurer--Failure to comply with order of director--Time of
taking effect--Duration.
58-25-19
Written order of director for imposition of penalty and suspension of license--Hearing, notice, findings.
58-25-20
Conduct of hearings before director.
58-25-21
Repealed.
58-25-22
Title insurance company to maintain reserve--Amount.
58-25-23
Reserves restored to net profits over twenty-year period--Amortization rate.
58-25-24
Calculation of adjusted statutory or unearned premium reserve.
58-25-25
Adjusted reserves restored to net profits or equity.
58-25-26
Title insurer to maintain known claim reserve--Amount.
58-25-27
Supplemental reserve to cover liabilities.
58-26-1
Assets allowed in determination of financial condition.
58-26-2
Valuation of bonds or other evidences of debt--Method of calculation.
58-26-3
Valuation of securities other than evidences of debt.
58-26-4
Preferred or guaranteed stocks--Method of computing value approved by
director.
58-26-5
Real property acquired pursuant to mortgage loan or contract for sale--Restriction as to valuation.
58-26-6
Purchase money mortgage on real property--Restriction as to valuation.
58-26-7
Appraisal for valuation of other real property.
58-26-8
Personal property acquired pursuant to chattel mortgage--Restriction as to
valuation.
58-26-9
Valuation not to be inconsistent with approved method.
58-26-10
Assets not allowed in determining financial condition.
58-26-10.1
Radio and television facilities allowable as assets.
58-26-11
Capital stock and liabilities chargeable against assets.
58-26-12
Assets allowed as deductions from corresponding liabilities.
58-26-13
Repealed.
58-26-13.1
Actuarial opinion of property, casualty, and health insurers.
58-26-13.2
Time limit for compliance with actuary opinion requirements.
58-26-14 to 58-26-29.
Repealed.
58-26-30
Reserve requirements for health insurance.
58-26-31
Reserve for outstanding losses under liability insurance and workers'
compensation.
58-26-32
Reserve for workers' compensation claims under policies written in three
years preceding.
58-26-33
Reserve for workers' compensation claims under policies written more than
three years preceding.
58-26-34
Reserve for liability policies written during three years preceding.
58-26-35
Maintaining a reserve for outstanding losses under credit insurance policies.
58-26-36
Unearned premium reserve--Insurers required to maintain.
58-26-37
Unearned premium reserve--Computation--Use of table.
58-26-38
Unearned premium reserve--Computation on a prorata basis.
58-26-39
Change in method of computation of unearned premium reserve--Approval
of director required.
58-26-40
Unearned premium reserve provisions inapplicable to title insurance.
58-26-41
Unearned premium reserve on marine and transportation insurance.
58-26-42
Repealed.
58-26-43
Increase of inadequate reserves.
58-26-44
Application of chapter.
58-26-44.1
Definition of terms in §§ 58-26-45 to 58-26-105.
58-26-45
Valuation of reserve liabilities for policies and contracts issued before
operative date of valuation manual--Calculating reserves.
58-26-45.1
Adoption of NAIC valuation manual of instruction--Valuation of reserve
liabilities for contracts issued after operative date of valuation manual.
58-26-46
Annual opinion of qualified actuary required--Promulgation of rules.
58-26-47
Opinion required as to adequacy of reserves to provide for company's
obligations.
58-26-48 Promulgation of rules for establishing higher reserves.
58-26-49 Form and substance of actuary's opinion.
58-26-50 Provisions governing submission of actuary's opinion.
58-26-51 Opinion submitted by foreign or alien company.
58-26-52 Qualified actuary defined.
58-26-53 Liability of qualified actuary.
58-26-54 Promulgation of rules defining disciplinary action against company or qualified actuary.
58-26-55 Confidentiality of material supporting opinion of qualified actuary.
58-26-55.1 Opinion of actuary on reserves and related actuarial items to be in accordance with valuation manual.
58-26-56 Minimum standard for valuation of policies and contracts.
58-26-57 Mortality tables used for ordinary life insurance policies.
58-26-58 Mortality tables used for industrial life insurance policies.
58-26-59 Mortality tables used for individual annuity and pure endowment contracts.
58-26-60 Mortality tables used for group annuity and pure endowment contracts.
58-26-61 Disability tables used for total and permanent disability.
58-26-62 Tables used for accidental death benefits.
58-26-63 Tables to be approved by director.
58-26-64 Minimum standard of valuation for individual annuity and pure endowment contracts and group annuity and pure endowment contracts on or after July 1, 1995.
58-26-65 Tables used for individual annuity and pure endowment contracts issued prior to July 1, 1978--Interest.
58-26-66 Tables used for individual single premium immediate annuity contracts issued on or after July 1, 1978--Interest.
58-26-67 Tables used for individual annuity and pure endowment contracts issued on or after July 1, 1978--Interest.
58-26-68 Tables used for annuities and pure endowments purchased under group contracts prior to July 1, 1978--Interest.
58-26-69 Tables used for annuities and pure endowments purchased under group contracts after July 1, 1978--Interest.
58-26-70 Written notice of election to comply with provisions of §§ 58-26-64 to 58-26-69, inclusive--Operative date.
58-26-71 Calendar year statutory valuation interest rates defined.
58-26-72 Weighting factors.
58-26-73 Reference interest rate defined.
58-26-74 Alternative method for determination of reference interest rate.
58-26-75 Valuation of reserves--Policies providing for uniform amount of insurance and requiring payment of uniform premiums--Policies providing varying amounts of insurance or varying premiums--Certain group annuity and pure endowment contracts maintained by employers--Disability and accidental death benefits--Other benefits.
58-26-76 Valuation of reserves for certain annuity or pure endowment contracts.
58-26-77 Minimum aggregate reserves for life insurance policies.
58-26-78 Standards for calculating reserves for policies and contracts issued prior to July 1, 1995.
58-26-79 Standards for calculating reserves for policies, contracts or benefits issued on or after July 1, 1995.
58-26-80 Company's greater standard of valuation may be lowered with director approval.
58-26-81 Determining minimum reserve when gross premium charged is less than the valuation net premium.
58-26-82 Application of §§ 58-26-75 and 58-26-81 to certain life insurance policies issued on or after January 1, 1986.
58-26-83 Requirements for reserves for life insurance providing for future premium determination or for reserves undeterminable under methods in § 58-26-75, 58-26-76, 58-26-81, or 58-26-82.
58-26-84 Promulgation of rules for minimum standards applicable to health plans issued on or after July 1, 1995 and before operative date of valuation manual.
58-26-85 Repealed.
58-26-86 Actuarial opinion summary to be filed with property, casualty, and health insurers' annual statement.
58-26-87 Actuarial report and workpapers to support actuarial opinion.
58-26-88 Preparation of supporting actuarial report or workpapers upon insurer's failure to provide acceptable supporting documents.
58-26-89 Statement of actuarial opinion to be filed with annual statement--Public document.
58-26-90 Confidentiality of actuarial report, workpapers, or actuarial opinion summary provided in support of opinion.
58-26-91 Minimum standard of valuation for policies issued on or after operative date of valuation manual.
58-26-92 Prerequisites for adoption of NAIC valuation manual of instruction.
58-26-93 Adoption of change to valuation manual.
58-26-94 Specifications required for adoption of valuation manual.
58-26-95 Exceptions to valuation manual requirements.
58-26-96 Qualified actuary engaged by director or by official of another state.
58-26-97 Required change in assumption or method and adjustment of reserves.
58-26-98 Reserves to be established using principle-based valuation--Conditions.
58-26-99 Procedures, controls and report regarding principle-based valuation.
58-26-100 Prescribed formulaic reserve component.
58-26-101 Data to be submitted as prescribed in valuation manual.
58-26-102 Confidential information defined.
58-26-103 Confidential information privileged--Use and sharing.
58-26-104 Exceptions to confidentiality of information.
58-26-105 Exemption of certain forms or product lines of domestic insurer.
58-27-1
Application of chapter.
58-27-2
Eligible investments by insurers--Violation as misdemeanor.
58-27-3
Time of determination of eligibility of investment.
58-27-4
Prior legal investment deemed eligible.
58-27-5
Acquisition of ineligible securities or property--Disposition.
58-27-6
Time of investment limitation based on amount of insurer's admitted assets,
risk based capital, or capital and surplus.
58-27-7
Investments required to produce income--Exemptions--Rules.
58-27-8
Security or investment ineligible for purchase or exchange at more than
market value.
58-27-9
Obligations of United States or Canada.
58-27-10
Loans guaranteed by United States or Canada.
58-27-11
Obligations of states, provinces, and political subdivisions.
58-27-12
Revenue bonds of states, provinces, and political subdivisions.
58-27-12.1
Maximum investments in bonds, warrants, and evidence of indebtedness.
58-27-13
Obligations or stock of federal agencies.
58-27-14
Certificates of deposit in federally insured banks.
58-27-15
Federally insured savings and loan accounts.
58-27-15.1
Credit Union accounts.
58-27-16
Obligations of international bank and certain development banks for
reconstruction and development.
58-27-17
Investments authorized for insurers.
58-27-18 to 58-27-22.
Repealed.
58-27-23
Nonassessable common stock of corporation--Insurance stocks excepted.
58-27-24
Stock of solvent insurers meeting requirements.
58-27-25
Insurer acquiring controlling interest in another stock insurer--Limitation
as to amount.
58-27-26
Investments in stock of majority owned subsidiary corporations.
58-27-27
Maximum amount of investments in stock of majority owned subsidiary,
or another insurer or wholly owned subsidiary.
58-27-28
Equipment trust obligations or certificates.
58-27-29
Foreign securities--Insurer authorized to do business in foreign country--Limitation as to amount.
58-27-30
Collateral loans--Pledge of securities--Restricted amount.
58-27-31
Policy loans by life insurer--Maximum amount.
58-27-32
Real estate mortgages and deeds of trust.
58-27-33
Improved real property defined.
58-27-34
Interests and restrictions not constituting encumbrances upon improved real
property.
58-27-35
Deduction of sum owing on real property but not due or delinquent--Reserved rights not included in fair value of property.
58-27-36
Bonds or notes secured by mortgage or trust deed guaranteed by federal
housing administration.
58-27-37
Bonds or notes secured by mortgage or trust deed guaranteed by
administrator of veterans' affairs.
58-27-38
Equity of seller of real property in contract for deed--Maximum amount of
investment.
58-27-39 Evidences of debt secured by mortgage or trust deed upon leasehold estates--Eligibility for investment.
58-27-40 Purchase money mortgage or other securities received by insurer upon sale or exchange of real property.
58-27-41 Maximum loan on security of real property--Misdemeanor.
58-27-42 Real property mortgage loan limited by property value--Loan on leasehold--Additional investment in other assets.
58-27-43 Deduction from loan of amount guaranteed by administrator of veterans' affairs.
58-27-44 Appraisal to determine market value of property.
58-27-45 Loan on or investment in real estate mortgage on security of chattel mortgage--Limited amount.
58-27-46 "Durable equipment" defined.
58-27-47 Acquisition of chattel mortgage--Separate appraisal of included items to determine fair market value--Maximum amount of loan.
58-27-48 Liens on personal property as additional security permitted.
58-27-49 Sale of mortgage loans to federal national mortgage association.
58-27-50 Restrictions on purposes and amount of real estate investments.
58-27-51 Maximum investments in other assets--Exceptions.
58-27-51.1 Additional investment authority--Life and health insurers.
58-27-51.2 Additional investment authority--Property and casualty insurers.
58-27-51.3 Additional investment authority--Valuation of investments.
58-27-52 Limits on categories of investments.
58-27-53 Maximum amount of investments or loans with one person, institution, corporation, or municipal corporation--Exceptions.
58-27-54 Maximum amount of investment in voting stock of corporation--Exceptions.
58-27-55 Maintenance of invested funds--Minimum amount--Guaranteed securities--Real property.
58-27-56 Minimum investments by life insurer.
58-27-57 Maximum amount of investment in certain classes of securities.
58-27-58 Limitations on investments in corporate stock--Exceptions.
58-27-59 Repealed.
58-27-60 Limits of investments in real estate--Law governing.
58-27-61 Investment or loans on own capital stock.
58-27-62 Loan secured by own stock as collateral.
58-27-63 Repealed.
58-27-64 Affiliate defined.
58-27-65 Finding of director that security designed to evade chapter--Investment or loan prohibited.
58-27-66 Pension or profit-sharing trust agreement not prohibited.
58-27-67 Underwriting of securities or property prohibited.
58-27-68 Foreign insurer--Permitted investment portfolio--Domicile of alien insurer.
58-27-69 Authorization of investment or loan by board or committee of insurer.
58-27-70 Disposal of real estate unnecessary for transaction of insurance business--Time limit.
58-27-71 Disposal of real estate acquired in satisfaction of debt, as part payment of consideration on sale of real estate, as gift or devise, or through merger, consolidation, or bulk reinsurance--Time limit.
58-27-72 Extension of time for disposal of real estate--Election to hold as investment for income purposes, acquisition cost.
58-27-73 Immediate disposal of ineligible property or security unlawfully acquired.
58-27-74 Disposal of lawfully acquired ineligible property--Extension of time.
58-27-75 Ineligible personal property or securities not allowable as assets of insurer.
58-27-76 Expiration of period for disposal of ineligible property or securities--Disallowance as admitted asset.
58-27-77 Immediate disposal of ineligible investment unlawfully acquired.
58-27-78 Nominee holding investments--Definitions.
58-27-79 Name in which investments held.
58-27-80 Holding in name of clearing corporation, custodian bank or nominee--Conditions.
58-27-81 Securities lending, repurchase, reverse repurchase and dollar roll transactions--Agreement required.
58-27-82 Participation in federal reserve book-entry system.
58-27-83 Interest in pool of obligations--Fractional interest in an obligation--Requirements.
58-27-84 Evidence of investment required in absence of certificate.
58-27-85 Banking business authorized--Acquisition of banks--Regulation of such banking business.
58-27-86 Approval of banking acquisition required--Considerations in determining--Conditions.
58-27-87 Banking patronage as prerequisite to issuance of insurance policy prohibited.
58-27-88 Limitation on application of Secondary Mortgage Market Enhancement Act to certain investments.
58-27-89 Definition of terms.
58-27-90 Limitations on acquiring medium or lower grade obligations.
58-27-91 Obligations contracted prior to July 1, 1992.
58-27-92 Multiple obligations in same institution.
58-27-93 Written plans for making medium or lower grade obligations--Contents of plan--Deadline.
58-27-94 Limit on amount invested in medium or lower grade obligations.
58-27-95 Restructuring of medium or lower grade obligation already held.
58-27-96 Conflicting provisions.
58-27-97 Excess transactions.
58-27-98 Promulgation of rules.
58-27-99 Application of §§ 58-27-89 to 58-27-102.
58-27-100 Time limit for compliance with §§ 58-27-89 to 58-27-102.
58-27-101 Investment in money market funds.
58-27-102 Investment in company owned life insurance contracts.
58-27-103 Investment in a collateralized pool of mortgages--Requirements--Restrictions.
58-27-104 Investment in a collateralized pool of assets other than mortgages--Requirements.
58-27-105 Foreign investments.
58-27-106 Repealed.
58-27-107 Ratification of investment.
58-27-108 Rating and valuation of investments--Requirements--Divestment.
58-27-109 Institution defined.
58-27-110 Title plans investments.
58-27-111 Joint venture and limited partnership investments.
CHAPTER 58-28
SEPARATE LIFE INSURANCE AND ANNUITY ACCOUNTS
58-28-1 58-28-1 to 58-28-12. Repealed by SL 1971, ch 266, § 6
58-28-13 Life insurers authorized to establish separate accounts--Allocations to provide insurance or annuities.
58-28-14 Approval required to maintain guaranteed benefits and funds in separate account.
58-28-15 Securities in which investment authorized--Not considered in applying company's investment limitations.
58-28-16 Gains and losses from allocated assets credited or charged to separate account.
58-28-17 Ownership by insurer--Not a trustee.
58-28-18 Separate account not chargeable with liabilities from other business.
58-28-19 Voting and other rights accorded to beneficiaries of accounts.
58-28-20 Restrictions on transfers between accounts.
58-28-21 Valuation of assets allocated to account.
58-28-22 Valuation of portion of assets equal to reserve liability.
58-28-23 Contract to state procedure for determining amount of variable benefits.
58-28-24 Statement included as to variability of benefits.
58-28-24.1 Right of annuitant to cancel--Refund by insurer.
58-28-24.2 Issuance of policies by insurance company or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention.
58-28-25 Approval by director required for variable contracts.
58-28-26 Factors considered by director in examining variable contracts.
58-28-27 Affiliated insurer measured by factors applicable to parent.
58-28-28 Grace, reinstatement, and nonforfeiture provisions required.
58-28-29 Actuarial standards for reserve liability on variable contracts.
58-28-30 General insurance law applicable--Exceptions.
58-28-31 Regulation of variable contracts by director--Rules--Review of contracts--Disclosure document.
58-28-32 Deferment of variable death benefits payment--Time period--State of emergency.
58-28-33 Promulgation of rules relating to variable life insurance policies--Uniformity--Limitations.
58-29A-1 to 58-29A-53.
Repealed.
58-29A-54
Scope of application of chapter.
58-29A-55
Definition of terms.
58-29A-56
Creation of association--Membership--Exercise of powers.
58-29A-57
Board of directors--Appointment and terms of members--Vacancies on
board.
58-29A-58
Representation of member insurers on board--Domestic insurers.
58-29A-59
Reimbursement of director's expenses.
58-29A-60
General corporate powers of association.
58-29A-61
Tax exemption of association.
58-29A-62
Notice to director of indications of member insolvency.
58-29A-63
Examination of insurer on request by board--Cost of examination--Handling
of report.
58-29A-64
Insolvency or hazardous condition reported to board of directors.
58-29A-65
Recommendations for detection and prevention of insolvencies.
58-29A-66
Recommendations on improving regulation for solvency.
58-29A-67
Report by directors on history and causes of insolvency.
58-29A-68
Obligation of association on claims against insolvent insurer--Deductible and
maximum amounts.
58-29A-69
Association deemed insurer to extent of obligations on covered claims.
58-29A-70
Investigation, adjustment, and payment or denial of claims--Review of
previous settlements, releases, and judgments.
58-29A-71
Transfer or recovery of claim from certain covered persons.
58-29A-72
Means of handling claims--Designation of servicing facility.
58-29A-73
Reimbursement of servicing facility--Payment of other expenses.
58-29A-74
Separate accounts for administration and assessment.
58-29A-75
Allocation of claims, expenses, and assessments to separate accounts--Operating expenses excepted.
58-29A-76
Administrative assessments for operating expenses.
58-29A-77
Apportionment of assessments among members--Notice of assessment.
58-29A-78
Maximum assessment in relation to net premiums.
58-29A-79
Offset of payments and expenses against assessment due.
58-29A-80
Exemption or deferment of assessments to avoid impairment of capital or
surplus.
58-29A-81
Proration of payments when assets insufficient for full payment.
58-29A-82
Refund of surplus to member insurers.
58-29A-83
Plan of operation submitted to director--Approval.
58-29A-84
Required contents of plan of operation.
58-29A-85
Compliance with plan of operation--Violation as misdemeanor.
58-29A-86
Delegation of functions to interstate organization--Reimbursement of
organization--Approval of delegation.
58-29A-87
Director's rules promulgated in lieu of amendments to plan of operation.
58-29A-88
Notice to association of insolvency of insurer.
58-29A-89
Statement of members' premiums furnished to association.
58-29A-90
Stay of default proceedings against insolvent insurer--Setting aside of prior
proceedings.
58-29A-91
Suspension or revocation of certificate of authority for failure to pay
assessment or comply with plan--Fine as alternative.
58-29A-92
Revocation of designation of servicing facility.
58-29A-93
Duplicate coverage--Insured to exhaust rights against solvent insurer.
58-29A-94
Duplicate coverage by insolvent insurers--Factors governing primary
recovery.
58-29A-95
Subrogation of association to rights of claimant.
58-29A-96
Restrictions on liability of insured to association.
58-29A-97
Liability of insureds for unpaid assessments.
58-29A-98
Settlements by association binding on successor of insolvent insurer--Priority
of claim and expenses.
58-29A-99
Association's statements of claims paid filed with receiver or liquidator.
58-29A-100
Examination and regulation of association--Annual report.
58-29A-101
Immunity from liability of persons acting under chapter.
58-29A-102
Judicial review of director's actions.
58-29A-103
Premiums to include amounts sufficient for assessments.
58-29A-104
Unfair trade practice to advertise protection given by chapter.
58-29A-105
Payment of claims to be made in any reasonable order.
58-29A-106
Association to be recognized as claimant in liquidation of insolvent insurer--Priority of distribution.
58-29A-107
Insolvent insurer's records to be made available to board.
58-29A-108
Jurisdiction over claims against association.
58-29A-109
Citation of chapter.
CHAPTER 58-29B
INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION
58-29B-1 Citation of chapter.
58-29B-2 Scope.
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.
58-29B-72 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.
58-29B-148 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.
CHAPTER 58-29C
LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
58-29C-1 58-29C-1 to 58-29C-43. Repealed by SL 2003, ch 252, § 20
58-29C-44 Short title.
58-29C-45 Purpose of chapter--Creation of association.
58-29C-46 Persons provided with coverage--Policies and portions of policies not covered.
58-29C-47 Construction of chapter.
58-29C-48 Definitions.
58-29C-49 Continuation of association--Membership--Function and organization--Accounts--Supervision--Meetings.
58-29C-50 Board of directors--Appointment and term--Vacancies--Compensation.
58-29C-51 Impaired or insolvent member--Actions authorized.
58-29C-52 Funding provided by assessment of members--Classification of assessments--Amounts of assessments--Abatements--Refunds.
58-29C-53 Plan of operation--Effective date--Requirements--Delegation of powers.
58-29C-54 Duties and powers of director.
58-29C-55 Detection and prevention of insurer insolvencies or impairments--Reports by board.
58-29C-56 Member assessment as offset against premium tax liability.
58-29C-57 Liability for unpaid assessment--Records of meetings--Association as creditor of impaired or insolvent insurer--Liquidation, rehabilitation, or conservation proceedings.
58-29C-58 Association subject to regulation by director--Financial report.
58-29C-59 Association's tax exemption status.
58-29C-60 No liability for performance of powers and duties of association or its members.
58-29C-61 Stay of proceedings against insolvent insurer--Default judgment set aside.
58-29C-62 Use of existence of association for sales, solicitation, or inducement to purchase insurance prohibited--Summary document of purposes and limitations of chapter--Disclaimer.
CHAPTER 58-29D
REGULATION OF LIFE AND HEALTH ADMINISTRATORS
58-29D-1 Definition of terms.
58-29D-2 Administrator defined--Exceptions.
58-29D-3 Insurer defined.
58-29D-4 Written agreement between administrator and insurer.
58-29D-5 Provisions of written agreement.
58-29D-6 Termination of written agreement--Suspension of underwriting authority--Dispute.
58-29D-7 Status of payment of premiums and return premiums or claim payments to administrator.
58-29D-8 Recordkeeping by administrator.
58-29D-9 Director's access to administrator's records--Confidentiality.
58-29D-10 Insurer's ownership of administrator's records.
58-29D-11 Transfer of records to new administrator.
58-29D-12 Advertising--Approval of insurer.
58-29D-13 Insurer responsibility for procedures and administration of its programs--Review and audit of administrator.
58-29D-14 Fiduciary capacity of administrator--Accounting of underwriting transactions.
58-29D-15 Records of deposits and withdrawals from fiduciary account.
58-29D-16 Provisions in written agreement as to withdrawals from fiduciary account.
58-29D-17 Repealed by SL 2012, ch 252, § 37.
58-29D-18 Compensation of administrator.
58-29D-19 Notice of use of administrator to policyholder--Itemized charges--Disclosure of fees or commissions.
58-29D-20 Delivery of written communications from insurer.
58-29D-20.1 Annual report to employer of self-funded health benefit plan claims experience.
58-29D-21 Administrator's license or registration required.
58-29D-22 Application by administrator--Contents--Fee.
58-29D-22.1 Annual financial statement--Contents of application--Required audit.
58-29D-23 Inspection of applicant's contracts.
58-29D-24 Denial of license.
58-29D-25 Validity of license.
58-29D-26 Conditions not requiring license.
58-29D-27 Servicer of certain employee benefit plans--Exempt from licensure--Requirements.
58-29D-28 Notice of administrator's change in circumstance.
58-29D-29 Waiver of application requirements.
58-29D-30 Annual renewal of administrator--Fee--Lapse of license or registration.
58-29D-31 Grounds for denial, suspension, or revocation of license or registration.
58-29D-32 Immediate suspension of license--No notice required.
58-29D-32.1 Notice of denial of application or renewal--Request for hearing--Hearing on suspension or revocation--Notice.
58-29D-33 Money penalty in lieu of suspension or revocation.
58-29D-34 Promulgation of rules.
CHAPTER 58-29E
PHARMACY BENEFITS MANAGEMENT
58-29E-1 Definitions.
58-29E-2 Licensure requirement--Pharmacy benefit manager.
58-29E-3 Performance of duties--Good faith.
58-29E-4 Request for disclosure of rebates and other revenues.
58-29E-5 Permission to contact covered individual.
58-29E-6 Disclosure of rebates and other revenues--Confidentiality.
58-29E-7 Annual audit of pharmacy benefit manager authorized.
58-29E-7.1 Prohibition on publication or disclosure of information.
58-29E-8 Substitute drug--Dispensation.
58-29E-8.1 Provision of information to a patient.
58-29E-9 Rules--Content.
58-29E-10 Enforcement of chapter--Civil action.
58-29E-11 Repealed.
58-29E-12 Charging cost share that exceeds amount retained by pharmacy--Prohibition.
58-29E-13 Certain claims adjustments prohibited.
58-29E-14 Adjustment of claim due to error in adjudication permitted.
58-29E-15 Discrimination prohibited--340B entity--Exclusions.
58-29E-15.1 Discrimination prohibited--Treble damages.
58-29E-16 Prohibition regarding the assessment or collection of fees.
58-29E-17 Placement on a maximum allowable cost list--Requirements--Promulgation of rules.
58-29E-18 Duties--Pharmacy benefit manager.
58-29E-19 Reimbursement.
58-29E-20 Information to be disclosed--Division request.
58-29E-21 Licensure--Denial--Failure to provide information.
58-29F-1
Pharmacy audit integrity program established.
58-29F-2
Definitions.
58-29F-3
Time for disclosing proposed change in pharmacy audit terms.
58-29F-4
Requirements for conducting pharmacy audit.
58-29F-5
Audit terms.
58-29F-6
Recoupment or chargeback criteria.
58-29F-7
Validation of pharmacy record and delivery.
58-29F-8
Preliminary and final audit reports.
58-29F-9
Appeals process.
58-29F-10
Plan sponsor.
58-29F-11
Chapter not applicable to investigative audits.
58-29F-12
Civil action by pharmacy.
CHAPTER 58-30
INSURANCE PRODUCERS
58-30-1 58-30-1. Repealed by SL 2004, ch 295, § 4
58-30-1.1 Excess business defined.
58-30-1.2 Rejected business defined.
58-30-2 58-30-2. Repealed by SL 1982, ch 365, § 8
58-30-2.1 58-30-2.1. Repealed by SL 2002, ch 240, § 2
58-30-3 58-30-3, 58-30-4. Repealed by SL 1982, ch 365, §§ 10, 11
58-30-5 58-30-5, 58-30-5.1. Repealed by SL 2001, ch 286, §§ 228, 229
58-30-6 Appointment of insurance producer by insurer--Filing with director--Statement of kinds of insurance to be transacted--Payment of fee--Reasons for denying appointment.
58-30-7 58-30-7. Repealed by SL 1996, ch 300, § 1
58-30-8 58-30-8. Repealed by SL 2010, ch 233, § 3
58-30-8.1 Notice required for termination of agency contract for fire and casualty lines--Extension of coverage on previous policies.
58-30-8.2 Notice requirements inapplicable to exclusive agencies or termination for cause.
58-30-9 Rights of insurance producer following termination of appointment.
58-30-10 Rights of insurance producer after termination of appointment inapplicable to employer and employee relationship.
58-30-11 58-30-11. Repealed by SL 1995, ch 289, § 4
58-30-12 58-30-12. Repealed by SL 2001, ch 286, § 230
58-30-12.1 Excess or rejected life or health insurance or annuity risks--Placement by insurance producer licensed for life or health insurance.
58-30-13 58-30-13 to 58-30-19. Repealed by SL 2001, ch 286, §§ 231 to 237
58-30-20 Licensing provisions inapplicable to title insurance.
58-30-21 58-30-21 to 58-30-23.5. Repealed by SL 2001, ch 286, §§ 238 to 245
58-30-23.6 Criminal files check.
58-30-23.7 Joint issuance of waivers.
58-30-24 58-30-24. Repealed by SL 1977, ch 414, § 3
58-30-25 58-30-25. Repealed by SL 2001, ch 286, § 246
58-30-26 58-30-26. Repealed by SL 1988, ch 406
58-30-27 Licenses to insurance producers of domestic insurer insuring members of armed forces and dependents outside territorial limits.
58-30-28 58-30-28. Repealed by SL 2001, ch 286, § 247
58-30-29 License not issued in trade name--Exception as to firm or corporation.
58-30-30 58-30-30. Repealed by SL 1981, ch 364, § 1
58-30-31 Firms and corporations--Business within scope of agreement or articles of incorporation.
58-30-32 58-30-32. Repealed by SL 2001, ch 286, § 248
58-30-33 Changes in personnel employed by firm--Notice to director.
58-30-34 58-30-34, 58-30-35. Repealed by SL 1978, ch 365, §§ 2, 3
58-30-36 58-30-36 to 58-30-44. Repealed by SL 2001, ch 286, §§ 249 to 257
58-30-45 58-30-45. Repealed by SL 1978, ch 365, § 5
58-30-46 58-30-46. Repealed by SL 1983, ch 14, § 21; SL 1983, ch 378, § 3
58-30-47 58-30-47. Repealed by SL 2001, ch 286, § 258
58-30-48 58-30-48. Repealed by SL 1978, ch 365, § 7
58-30-49 58-30-49, 58-30-50. Repealed by SL 2001, ch 286, §§ 259, 260
58-30-50.1 58-30-50.1. Repealed by SL 1995, ch 289, § 2
58-30-51 58-30-51. Repealed by SL 1978, ch 365, § 8
58-30-52 Exemption from examination requirements.
58-30-53 58-30-53. Repealed by SL 2001, ch 286, § 261
58-30-54 Information to applicants as to subjects covered and reference sources.
58-30-55 58-30-55. Repealed by SL 2001, ch 286, § 262
58-30-56 58-30-56. Repealed by SL 1981, ch 365
58-30-57 58-30-57. Repealed by SL 2001, ch 286, § 263
58-30-58 Failure to pass examination--Waiting period for re-examination.
58-30-59 58-30-59. Repealed by SL 2001, ch 286, § 264
58-30-60 58-30-60. Repealed by SL 1984, ch 329
58-30-61 58-30-61, 58-30-62. Repealed by SL 2001, ch 286, §§ 265, 266
58-30-63 58-30-63 to 58-30-67. Repealed by SL 1978, ch 365, §§ 11 to 15
58-30-68 Limited lines insurance producer's license--Types of insurance.
58-30-69 Examination not required for travel insurance.
58-30-70 58-30-70. Repealed by SL 1982, ch 365, § 14
58-30-71 58-30-71. Repealed by SL 1991, ch 405, § 1
58-30-71.1 58-30-71.1. Repealed by SL 2001, ch 286, § 267
58-30-72 58-30-72. Repealed by SL 1975, ch 310
58-30-73 Refusal of temporary license where purpose unlawful.
58-30-74 Renewal of license or appointment--Fee.
58-30-74.1 Continuing appointments--Annual renewal fee.
58-30-74.2 Renewal of license by business entity.
58-30-74.3 Lapsing and reinstatement of license.
58-30-74.4 Designation of individual licensed insurance producer in business entity renewal application.
58-30-75 58-30-75 to 58-30-77. Repealed by SL 2001, ch 286, §§ 268 to 270
58-30-79 58-30-79, 58-30-80. Repealed by SL 2001, ch 286, §§ 271, 272
58-30-81 58-30-81 to 58-30-83. Repealed by SL 1978, ch 365, §§ 19 to 21
58-30-84 Travel insurance vending machines, approval by director.
58-30-85 58-30-85 to 58-30-87. Repealed by SL 2001, ch 286, §§ 273 to 275
58-30-88 Premiums received by agent as trust funds--Accounting and payment.
58-30-89 Misappropriation of funds by agent as theft.
58-30-90 Deposit of trust funds in separate account--Records and account.
58-30-91 Records to be maintained by insurance producer--Violation as misdemeanor.
58-30-92 Companies prohibited from issuing policy in this state except through licensed agent--Violation as misdemeanor.
58-30-93 Suspension or revocation of certificate for unauthorized issuance of policies.
58-30-94 58-30-94. Repealed by SL 2001, ch 286, § 276
58-30-95 Director as attorney for service of process on nonresident insurance producer.
58-30-96 Duration of appointment of director as attorney for service of process.
58-30-97 Service on director of process against nonresident insurance producer--Fee.
58-30-98 Receipt by director of process against nonresident insurance producer--Copy mailed to defendant.
58-30-99 Director's record of process against nonresident insurance producers.
58-30-100 58-30-100. Repealed by SL 2010, ch 233, § 6
58-30-101 58-30-101. Repealed by SL 2001, ch 286, § 277
58-30-102 58-30-102. Repealed by SL 1982, ch 365, § 17
58-30-103 58-30-103. Repealed by SL 2001, ch 286, § 278
58-30-104 58-30-104. Repealed by SL 2010, ch 241, § 3
58-30-105 58-30-105 to 58-30-107. Repealed by SL 2001, ch 286, §§ 279 to 281
58-30-108 Suspension, revocation, or refusal to renew one license affects all other licenses of licensee.
58-30-109 58-30-109. Repealed by SL 1978, ch 365, § 23
58-30-110 Suspension, revocation, or refusal to renew license--Notice by director.
58-30-111 Waiting period for new license after revocation.
58-30-112 Licenses are property of South Dakota--Delivery to director on termination.
58-30-113 Affidavit as to lost, stolen, or destroyed license.
58-30-114 Continuing education requirements--Definitions.
58-30-115 Resident insurance producers--Continuing education requirements--Exceptions.
58-30-115.1 Renewal of license by persons over age sixty-five.
58-30-115.2 Renewal of limited or restricted licenses.
58-30-116 Minimum continuing education requirements--Furnishing evidence of completion.
58-30-117 Continuing education rules.
58-30-118 Continuing education activities--Approval by director--Hours certified by director.
58-30-119 Extension of time for completing continuing education requirements.
58-30-120 Continuing education prerequisite for license issuance or renewal--Exemptions.
58-30-121 Additional fee for renewal of license.
58-30-122 Conduct of sponsors and instructors--Approval or disapproval by director--Rules.
58-30-123 Director's action upon violation or nonconformity by sponsor or instructor.
58-30-124 Definition of terms.
58-30-125 Persons not managing general agents.
58-30-126 License required--Bond or errors and omissions policy.
58-30-127 Written contract between managing general agent and insurer.
58-30-128 Settling claims--Content of contract.
58-30-129 Sharing interim profits.
58-30-130 Restrictions on managing general agents.
58-30-131 Duties of insurer working with managing general agent.
58-30-132 Acts of managing general agent--Examination by director--Costs.
58-30-133 Penalties for violation by managing general agent.
58-30-134 Rights of policyholders, claimants, and auditors.
58-30-135 Rules for implementation and administration of §§ 58-30-124 to 58-30-139.
58-30-136 Utilization of managing general agent after July 1, 1992.
58-30-137 Filing and approval of contract.
58-30-138 Application of §§ 58-30-124 to 58-30-139.
58-30-139 Qualified United States financial institution defined.
58-30-140 Agents not to obtain loans from clients--Exceptions.
58-30-141 Application of reciprocity provisions to surplus lines brokers.
58-30-142 Definitions.
58-30-143 Sale, solicitation or negotiation limited to licensed line of insurance only.
58-30-144 License not required under certain circumstances.
58-30-144.1 License required for acting as consultant.
58-30-145 Written examination required for resident applicants.
58-30-146 Arrangements for administration of examinations and collection of fee.
58-30-147 Payment of examination fees required.
58-30-148 Resident application for insurance producer license--Requirements for application.
58-30-149 Application by business entity for insurance producer license--Requirements.
58-30-150 Verification of application information.
58-30-150.1 Incomplete application--Deemed withdrawn--Not a refusal or reportable administrative action.
58-30-151 Program of instruction required for licensed insurance producers--Approval by director.
58-30-152 Issuance of insurance producer license--Permitted lines of authority.
58-30-153 Term of insurance producer license.
58-30-154 Reinstatement of lapsed insurance producer license.
58-30-155 Waiver of insurance producer license renewal requirements.
58-30-156 Information contained on insurance producer license.
58-30-157 Notification of change of address by insurance producer.
58-30-158 Authority of director to contract with nongovernmental entities for ministerial functions relating to insurance producer licensing.
58-30-159 Requirements for nonresident insurance producer license.
58-30-160 Nonresident insurance producer required to hold equivalent license in home state.
58-30-161 Verification of nonresident's licensing status.
58-30-162 Change of address required for interstate move.
58-30-163 Nonresident license applicant--Reciprocity--Exception.
58-30-164 Notification of use of assumed name by insurance producer.
58-30-165 Temporary insurance producer license.
58-30-166 Limits on temporary insurance producer license--Revocation of temporary license.
58-30-167 Causes for suspension, revocation, refusal to issue or renew license, or monetary penalty--Notice--Hearing--Final determination.
58-30-167.1 Termination of producer for receipt of hearing notice prohibited.
58-30-167.2 Revocation of license for failure to respond.
58-30-167.3 Request for hearing.
58-30-168 Written reasons for denial or nonrenewal required--Request for hearing--Notice of hearing.
58-30-169 Unreported knowledge by partners, officers, or managers of violation as grounds for penalty.
58-30-170 Authority of director to impose penalty or remedy.
58-30-171 Payment to unlicensed insurance producer prohibited.
58-30-171.1 Insurer may prohibit consultant fees.
58-30-172 Acceptance of payment by unlicensed insurance producer prohibited.
58-30-173 Renewal or deferred commissions approved if license held at time of transaction.
58-30-174 Payment, assignment, or sharing of commissions and fees--Limitations.
58-30-175 Requirements for acting as agent of insurer.
58-30-176 Appointment of insurance producer or business entity as agent of insurer--Submission of notice of appointment.
58-30-177 Verification of eligibility of insurance producer for appointment as agent of insurer.
58-30-178 Appointment fee required.
58-30-179 Renewal appointment fee.
58-30-180 Termination of relationship between insurer and insurance producer.
58-30-181 Prompt notification of additional information regarding termination of insurance producer.
58-30-182 Notification to insurance producer of termination by insurer.
58-30-183 Submission of written comments by insurance producer regarding termination.
58-30-184 Liability for information relating to termination.
58-30-185 Pleadings in action brought against provider of information regarding termination of insurance producer.
58-30-186 Application of common law to action regarding insurance producer's termination.
58-30-187 Confidentiality of information gathered in termination investigation.
58-30-188 Testimony in private civil action prohibited.
58-30-189 Director's duties in regard to confidential and privileged documents.
58-30-190 Waiver of privilege or claim of confidentiality.
58-30-191 Release of final orders allowed.
58-30-192 Penalties for failure to report.
58-30-193 Report by insurance producer of any administrative action taken against insurance producer.
58-30-194 Report by insurance producer of any felony criminal prosecution of insurance producer.
58-30-195 Promulgation of licensure rules.
58-30-196 Influencing witness testimony in examination or investigation.
58-30-197 Rental car insurance--Definition of terms.
58-30-198 Rental car insurance defined.
58-30-199 License needed for offering, selling, or soliciting purchase of rental car insurance.
58-30-200 Licensing of rental car agent for authorized rental car insurer.
58-30-201 Rental car company as limited lines insurance producer--License requirements.
58-30-202 Conditions for becoming endorsee authorized to offer, sell, or solicit rental car insurance.
58-30-203 Training of rental car insurance endorsee.
58-30-204 Expiration of rental car insurance endorsee license.
58-30-205 Retention of rental car insurance transaction records.
58-30-206 Rental car insurance agreement.
58-30-207 Rental car insurance advertising and compensation restrictions.
58-30-208 Revocation of rental car company license.
58-30-209 Definitions regarding travel insurance.
58-30-209.1 Application of travel insurance laws.
58-30-209.2 Licensed producers may sell travel insurance--Appointment not required.
58-30-209.3 Travel administrators.
58-30-210 Limited lines travel insurance producer license authorized.
58-30-211 Conditions for offering and disseminating travel insurance under business entity license.
58-30-212 Statements required in travel retailer's written materials.
58-30-212.1 Required provisions and disclosures for travel insurance.
58-30-213 Limitations on travel retailer's unlicensed employee or authorized representative.
58-30-214 Registered travel retailers authorized to offer and disseminate travel insurance and receive compensation.
58-30-215 Individual and group travel insurance policies authorized--Services excluded.
58-30-215.1 Travel protection plans.
58-30-215.2 Travel insurance rates and policy forms--Eligibility, underwriting, distribution, and marketing.
58-30-216 Limited lines travel insurance producer responsible for acts of travel retailer.
58-30-217 Compliance with chapters 58-30 and 58-33--Travel insurance sales practices.
58-30-217.1 Certain acts not unfair trade practices.
58-30-218 Promulgation of rules on training for travel retailer employees.
58-32-1
Purposes of chapter.
58-32-2
Broker defined.
58-32-3
Export defined.
58-32-3.1
Home state defined.
58-32-4
Chapter not applicable to life and health insurance, annuities, and
reinsurance--Exceptions.
58-32-5
Exemption of interstate commerce.
58-32-6
Unauthorized acts constituting misdemeanors--Additional forfeiture.
58-32-7
Qualifications for surplus line broker's license--Out-of-state sales.
58-32-8
Application for surplus line license--Fee.
58-32-9
Licensing provisions applicable.
58-32-10
Repealed.
58-32-10.1
Bond of resident surplus line broker--Amount--Conditions--Termination.
58-32-11
Suspension or revocation of license of surplus line broker--Grounds.
58-32-12
Procedure for suspension or revocation of license.
58-32-13
Suspension or revocation of surplus line license affects all other licenses.
58-32-14
Revival of suspended or revoked broker's surplus line license--Payment of fine and
delinquent taxes--Waiting period.
58-32-15
Acceptance of business from licensed insurance producer.
58-32-16
Impossibility of procuring coverage from authorized insurers--Procurement from
unauthorized insurers.
58-32-16.1
Certain unauthorized insurers to submit annual report.
58-32-17
Conditions for export--Amount not procurable from authorized insurers.
58-32-18
Export of insurance where coverage available from authorized insurer prohibited--Exception.
58-32-19
Procurement of exported insurance through licensed surplus line broker.
58-32-20
Affidavit of broker as to exported insurance.
58-32-21
Placement in authorized insurer--Violation as misdemeanor.
58-32-22
Requirements for placing surplus lines insurance.
58-32-23
Financial condition of surplus line insurer--Director not required to determine.
58-32-24
Ineligibility of surplus line insurer because of financial condition--Order of director--Grounds.
58-32-25
Financial condition of surplus line insurer--Ascertainment by broker--Violation as
misdemeanor.
58-32-26
Violation as misdemeanor--Revocation of licenses after hearing--Waiting period for
new license.
58-32-27
Evidence of insurance--Certificate, execution, content.
58-32-28
Authority of broker to make certificate as to insurance granted by unauthorized
insurer.
58-32-29
Change in evidence of insurance--Substitute certificate by broker.
58-32-30
False certificate by broker--Failure to notify insured as to material change--Misdemeanor.
58-32-31
Replacement of broker's certificate when policy issued.
58-32-32
Endorsement of contract--Violation as misdemeanor.
58-32-33
Surplus line insurance valid.
58-32-34
Liability of insurer as to losses and unearned premiums.
58-32-35
Assumption of surplus line direct risk--Extent of liability.
58-32-36 Venue of action against unauthorized insurer.
58-32-37 Action against unauthorized insurer--Service of process on director--Jurisdiction of court.
58-32-38 Director appointed process agent--Policy provision--Mailing of process to defendant.
58-32-39 Record by broker of each surplus line coverage--Violation as misdemeanor.
58-32-40 Record open to examination by director--Violation as misdemeanor.
58-32-41 Annual statement of broker--Filing with director--Violation as misdemeanor.
58-32-42 Annual statement of broker--Form and contents.
58-32-42.1 Uniform report may be prescribed in lieu of annual statement or affidavit as to exported insurance.
58-32-43 Records of interstate commerce coverage--Report to director--Violation as misdemeanor.
58-32-44 Tax on premiums--Time for remittance--Credit to general fund.
58-32-45 Premium tax when only part of risk in state--Multi-state agreement--Apportionment.
58-32-46 Fine for failure to remit tax or to file annual statement or uniform report--Collection.
58-32-47 Report of independently procured coverages--Violation as misdemeanor.
58-32-48 Negotiations, application, or premium payment bringing independently procured coverages within jurisdiction.
58-32-49 Production of records of insured for examination--Refusal to obey order of director as misdemeanor.
58-32-50 Tax on independently procured coverages--Payment to director, time.
58-32-51 Interest on delinquent tax on independently procured coverages.
58-32-52 Insured's liability for tax on independently procured coverages.
58-32-53 Deposits of taxes and interest collected on independently procured coverage.
58-32-54 Provisions on independently procured coverages do not affect unauthorized insurers.
58-32-55 Provisions on independently procured coverages inapplicable to life or health insurance, or annuities.
58-32-56 Rules and regulations--Adoption by director.
58-32-57 Repealed.
58-32-58 Citation of chapter.
CHAPTER 58-33
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 deceptive practices.
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 insurance policies.
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.
58-33-13.3 Domestic violence victim discrimination prohibited.
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 not discrimination or rebate.
58-33-18 Allowance to industrial policyholder for making payments to office of insurer permitted.
58-33-19 Readjustment of premium rate permitted for group policy based on loss or expense 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 annuity contracts 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 or businessman 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 as misdemeanor.
58-33-26 Unfair discrimination as to terms and conditions of insurance as misdemeanor.
58-33-27 Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted.
58-33-28 58-33-28, 58-33-29. Repealed by SL 1979, ch 341, §§ 9, 10
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 as misdemeanor or felony.
58-33-37.1 Aggregation of false claims or applications committed pursuant to one course of 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 in evidence.
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 of provisions.
58-33-48 Definition of terms.
58-33-49 Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance 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 to defendant.
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 false advertising.
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 to remedy 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 repair vehicle--Consumer to be advised in writing--Estimate and disclosure document.
58-33-72 58-33-72, 58-33-73. Repealed by SL 2014, ch 242, §§ 1, 2.
58-33-74 Gifts 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 of information.
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 by authorized agency personnel.
58-33-83 Refund of unearned life and health insurance premiums on canceled policy--Exceptions.
58-33-84 Refund of unearned life and health insurance premiums on canceled policy due to death of insured--Exceptions.
58-33-85 Health insurers prohibited from denying enrollment of dependent child on certain grounds.
58-33-86 Prohibitions against a health insurer from using information pertaining to medical 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.
58-33-93 Definitions relating to multiple employer welfare arrangements.
58-33-94 Acts constituting transaction of insurance business in or from state.
58-33-95 Transacting of insurance defined.
58-33-96 Unauthorized health insurance defined.
58-33-97 Exclusions from unauthorized health insurance.
58-33-98 Notification of division required concerning unauthorized health insurance product--Review of division website--Stop loss insurers.
58-33-99 Circumstances in which licensee should know product is unauthorized health insurance.
58-33-100 Confidentiality of notifications--Use of information in legal and regulatory actions.
58-33-101 Disclosure of information to agencies of other states or federal government--Conditions--Immunity from civil liability.
58-33-102 Due diligence investigation required of insurance producer before offering health benefit plan.
58-33-103 Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan.
58-33-104 Due diligence investigation required of third party administrator before entering into any administrative contract for health benefit plan.
58-33-105 Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan.
58-33-106 Requirements for engaging in transacting of insurance by issuing stop loss policy.
58-33-107 Written disclosures required before issuing contract for stop loss policy.
58-33-108 Due diligence investigation required of preferred provider organization before contracting with offeror or provider of health benefit plan.
58-33-109 Defenses available to person who acts according to written advice of MEWA contact.
58-33-110 Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.
58-33-111 Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance.
58-33-112 Documented supervision procedures and controls.
58-33-113 Continuing education--Summary of supervision procedures and controls.
58-33-114 Suspension or revocation of registration of preferred provider organization for violation--Other action to assure future compliance.
58-33-115 Inapplicability to joint powers agreements.
58-33-116 Inapplicability to arrangements not issued to person in state or solicited in state.
58-33-117 Definitions.
58-33-118 Solicitation or sale of life insurance or annuity to active duty service member.
58-33-119 Certain solicitations and sales excluded.
58-33-120 Education of members of armed forces in accordance with Department of Defense instruction permitted.
58-33-121 Certain advertisements and marketing exempt--Face-to-face meetings not exempt.
58-33-122 Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair.
58-33-123 Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair.
58-33-124 Additional practices using personnel, services, or programs of the armed forces or depository institutions considered false, misleading, deceptive, or unfair.
58-33-125 Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair.
58-33-126 Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair.
58-33-127 Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair.
58-33-128 Certain disclosure practices considered false, misleading, deceptive, or unfair.
58-33-129 Certain additional life insurance sales practices considered false, misleading, deceptive, or unfair.
58-33-130 Promulgation of rules.
58-33-131 Employer insurance assistance program defined.
58-33-132 Construction with statutes regarding rebates, discounts, and special advantages.
58-33-133 Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited.
58-33-134 Promulgation of rules for employer insurance assistance programs.
58-33-135 Unfair or deceptive practices by pharmacy benefits manager.
58-33-136 Value-added products or services not discriminatory--Description.
58-33-137 Value-added product or service--Permitted as pilot or testing program--Notice to division.
58-33-138 Value-added product or service--Permitted raffles or drawings described.
58-33-139 Inducement and certain language in advertising prohibited.
58-33-140 Value-added product or service--Promulgation of rules.
CHAPTER 58-33A
STANDARDS FOR ADVERTISEMENT, SOLICITATION, AND SALE OF LIFE AND HEALTH INSURANCE
58-33A-1 Applicability of chapter.
58-33A-2 Purpose of chapter.
58-33A-3 Advertisement defined.
58-33A-4 Certain material and communication not deemed to be advertisement.
58-33A-5 Outline of coverage to accompany all health insurance policies or subscriber contracts--Acknowledgment of receipt or certificate of delivery.
58-33A-6 Format and content of outline of coverage--"Format" defined--Outline of coverage requirements.
58-33A-7 Director authorized to promulgate rules--Scope of rules.
58-33A-8 Required disclosures to be clear and conspicuous.
58-33A-8.1 Disclosure of usual, customary, and reasonable limitation provision required.
58-33A-9 Buyer's guide and policy summary to be provided to all prospective life insurance purchasers--Illustration in lieu of policy summary--Director authorized to promulgate rules.
58-33A-10 Advertisements not to be deceptive or misleading--Standard to be used in determination.
58-33A-11 Insurer to maintain file of advertisements--Division may inspect files--Period for which files must be maintained.
58-33A-12 Director's prior approval may be required--Other remedies not precluded.
58-33A-13 Definitions.
58-33A-14 Recommendations to purchase or exchange annuities subject to requirements.
58-33A-15 Exemptions from requirements.
58-33A-16 Annuity--Best interest standard--Material control or influence.
58-33A-16.1 Annuity--Recommendation--Producer responsibilities.
58-33A-16.2 Recommendation--Producer responsibilities--Applicability and intent.
58-33A-16.3 Considerations for annuity replacement or exchange.
58-33A-16.4 Recommendation--Sale of annuity--Informed consumer.
58-33A-16.5 Recommendation--Sale of annuity--Disclosure to consumer.
58-33A-16.6 Additional disclosure upon request.
58-33A-16.7 Disclosure of producer conflicts of interest required--Certain factors excluded.
58-33A-17 Repealed.
58-33A-17.1 Repealed.
58-33A-18 Conditions resulting in no obligation to consumer.
58-33A-19 Reasonableness under circumstances known to insurer.
58-33A-19.1 Repealed.
58-33A-19.2 Producer obligations--Documentation--Time of recommendation or sale.
58-33A-19.3 Issuance by insurer to be reasonable and address consumer needs.
58-33A-20 Insurer's system for supervising recommendations.
58-33A-20.1 Contract for performance of supervision system functions--Responsibility for corrective action--Supervision of performance.
58-33A-20.2 Prohibited conduct by insurance producer.
58-33A-21 Repealed by SL 2012, ch 250, §§ 15 to 18.
58-33A-25 Compliance with comparable standards by financial professional.
58-33A-25.1 Insurance producer to have adequate knowledge of annuity product--Required training.
58-33A-25.2 Annuity training course providers--Training requirements of other states.
58-33A-25.3 Insurer to verify producer has completed annuity training course.
58-33A-25.4 Authorized insurance business--Other licenses.
58-33A-25.5 Definition of terms--Compliance with Conduct Rules.
58-33A-26 Corrective action for violations.
58-33A-27 Records regarding recommendations.
58-33A-28 Multi-state plan sale or solicitation of health insurance outside of exchange prohibited.
58-34-1
Reciprocal insurance defined.
58-34-2
Reciprocal insurer defined.
58-34-3
Attorney defined.
58-34-4
Application of chapter to foreign reciprocal insurers.
58-34-5
Compliance required of existing insurers.
58-34-6
Organization of insurer--Number of persons required.
58-34-7
Application for certificate of authority--Execution and filing--Contents.
58-34-8
Bond of attorney in fact--Filing with and approval by director.
58-34-9
Amount and conditions of bond.
58-34-10
Advance notice of cancellation of bond.
58-34-11
Deposit in lieu of bond.
58-34-12
Action on bond or to recover against deposit.
58-34-13
Business name of insurer--Use in suits by and against.
58-34-14
Surplus funds of domestic reciprocal insurer--Amounts required.
58-34-15
Additional expendable surplus required of new insurer.
58-34-16
Additional kinds of insurance transacted--Minimum amount of surplus funds.
58-34-17
Surplus funds of existing insurers--Laws governing.
58-34-18
Issuance of certificate of authority.
58-34-19
Refusal, suspension, or revocation of certificate of authority--Grounds.
58-34-20
Rights and powers of attorney provided by subscribers' agreement.
58-34-21
Power of attorney--Form and contents.
58-34-22
Power of attorney--Terms--Approval by director.
58-34-23
Service of legal process upon domestic insurer.
58-34-24
Liability of subscribers for judgment against insurer--Service of legal process.
58-34-25
Eligibility to become subscriber.
58-34-26
Authority of corporation to exchange insurance contracts.
58-34-27
Representatives of subscribers not liable on contract.
58-34-28
Advisory committee representing subscribers--Selection.
58-34-29
Advisory committee--Qualifications of members.
58-34-30
Powers of advisory committee.
58-34-31
Modification of subscribers' agreement or power of attorney.
58-34-32
Kinds of business transacted--Life or title insurance excepted.
58-34-33
Reinsurance authorized.
58-34-34
Advance of funds to insurer.
58-34-35
Liability of subscribers several and proportionate.
58-34-36
Contingent assessment liability of subscriber.
58-34-37
Contingent liability stated in assessable policy.
58-34-38
Assessments against subscribers--Authority for levy.
58-34-39
Computation of amounts of assessments--Ratio of deficiency to premiums earned.
58-34-40
Earned premiums, computation for purpose of assessments.
58-34-41
Offset of claim for unearned premium against assessment prohibited.
58-34-42
Time limit for levy of assessment.
58-34-43
Aggregate liability of subscriber--Maximum in one year.
58-34-44
Subscriber not liable until final judgment against insurer.
58-34-45
Limited liability of subscriber on judgment.
58-34-46
Nonassessable policies--Authorization for issuance--Extinguishment of contingent
liability.
58-34-47 Extinguishment of contingent liability of all subscribers required for authorization of nonassessable policies.
58-34-48 Impairment of surplus required for nonassessable policies--Revocation of extinguishment authority.
58-34-49 Savings--Distribution to subscribers.
58-34-50 Liquidation--Distribution of remaining assets to subscribers.
58-34-51 Annual statement of insurer--Filing.
58-34-52 Annual statement--Supplemental information required by director.
58-34-53 Determination of financial condition--Rules applied by director.
58-34-54 Premium deposits as assets.
58-34-55 Surplus deposits--Allowance as assets.
58-34-56 Uncollected assessments not allowed as assets.
58-34-57 Contingent liability of subscribers not allowed as asset.
58-34-58 Reserves charged as liabilities.
58-34-59 Computation of reserves.
58-34-60 Surplus deposits of subscribers not a liability.
58-34-61 Merger or conversion prohibited.
58-34-62 Impairment of surplus--Deficiency to be made up.
58-34-63 Failure to make up deficiency--Insurer deemed insolvent.
58-34-64 Liquidation of insurer ordered--Levy of assessment against subscribers.
CHAPTER 58-35
FARM MUTUAL INSURERS
58-35-1 Application of chapter.
58-35-2 Farm mutual insurers subject to chapter.
58-35-3 State mutual insurer defined.
58-35-4 County mutual insurer defined--Continuation of prior business in noncontiguous counties.
58-35-5 Incorporators--Number and property ownership required for state mutual insurer.
58-35-6 Incorporators--Number and property ownership required for county mutual insurer.
58-35-7 Declaration of intent to incorporate, filing--Proposed articles of incorporation, execution.
58-35-8 Articles of incorporation--Contents.
58-35-9 Fee for filing articles of incorporation.
58-35-10 Articles of incorporation--Approval and endorsement by attorney general.
58-35-11 Misleading name of proposed corporation--Rejection by director.
58-35-12 58-35-12. Repealed by SL 1993, ch 369, § 4
58-35-13 Transaction of business without certificate of authority as misdemeanor.
58-35-14 Amendment of articles of incorporation.
58-35-15 Qualifications of state mutual insurer for certificate of authority.
58-35-16 Qualifications of county mutual insurer for certificate of authority.
58-35-17 Certificate of authority to insure against hail--Required qualifications to obtain.
58-35-18 Issuance of certificate of authority--Continuation--Termination.
58-35-19 Fees for certificate of authority.
58-35-20 Suspension or revocation of certificate of authority--Grounds.
58-35-21 Bylaws--Making and approval--Modification.
58-35-22 Contents of bylaws.
58-35-23 Filing of bylaws--Disapproval by director.
58-35-24 Minimum number of members.
58-35-25 Directors--Election--Term of office.
58-35-26 Qualification of directors.
58-35-27 Officers--Election--Term of office.
58-35-28 Bonds of treasurer and secretary.
58-35-29 Property insurable by farm mutual.
58-35-29.1 Living expenses and fire department service charges incidental to casualty insurance.
58-35-30 Insurance of property not owned by member or spouse prohibited--Exceptions.
58-35-31 58-35-31. Repealed by SL 1993, ch 370, § 3
58-35-32 Insurance on churches, schools, and community buildings.
58-35-32.1 Liability insurance issued by state insurers--Medical and disability benefits--Snowmobiles.
58-35-33 Withdrawal from membership--Surrender of policy for cancellation--Payment of obligations.
58-35-34 58-35-34. Repealed by SL 2004, ch 297, § 6
58-35-35 Maximum amount of insurance on single risk.
58-35-36 Single risk defined.
58-35-37 Cash premium or assessment plan for transacting business.
58-35-38 Cash premium plan--Collection of premiums.
58-35-39 Cash premium plan--Special assessment in case of inadequacy.
58-35-40 Assessment plan insurance--Levy of assessments before or after liability incurred--Collection of initial amount before effective date of insurance.
58-35-41 Application for insurance to be in writing--Advance cash payments.
58-35-42 Application and policy forms filed with director--Disapproval.
58-35-43 Rates--Filing with director not required--Discrimination prohibited.
58-35-44 Reinsurance.
58-35-45 Reinsurance corporation formed by insurers--Procedure.
58-35-46 Risk limitation inapplicable to organization of county mutual insurers for reinsurance purposes.
58-35-47 Investment of funds authorized.
58-35-48 Funds expended for educational purposes--Maximum amount--Statement in annual report.
58-35-49 Claim for loss--Notice in writing--Arbitration.
58-35-50 Directors' and officers' liability for failure to pay claims.
58-35-51 58-35-51 to 58-35-53. Repealed by SL 2004, ch 297, §§ 7 to 9
58-35-54 Annual statement of affairs--Contents and filing.
58-35-55 Failure to file annual statement--Suspension or revocation of certificate of authority.
58-35-56 Annual statement--Presentation at meeting of members.
58-35-57 Application of other provisions.
58-35-58 Provisions exclusive.
58-35-59 Financial reporting standards.
58-35-60 Merger of farm mutual insurers--Plan of merger.
58-35-61 Policyholders to vote on merger plan--Notice of vote.
58-35-62 Approval of plan of merger by majority of voters.
58-35-63 Execution and acknowledgment of articles of merger--Contents of articles.
58-35-64 Filing plan of merger and articles of merger--Approval by director--Reasons for denying hearing.
58-35-65 Notification of disapproval of plan.
58-35-66 Examination of articles of merger by attorney general--Submission to secretary of state.
58-35-67 Approval of articles of merger by secretary of state--Endorsement--Filing--Certificate of merger.
58-35-68 Merger effective upon issuance of certificate.
58-35-69 Surviving corporation exists separate from parties to merger.
58-35-70 Rights, privileges, immunities, and franchises of surviving or new corporation.
58-35-71 Liabilities and obligations of surviving or new corporation.
58-35-72 Articles of incorporation of surviving corporation amended by plan of merger.
58-35-73 Dissolution of farm mutual insurer.
58-35-74 Rights of dissenting members and proxy voters not applicable to mergers.
58-35-75 Division of farm mutual insurers--Plan.
58-35-76 Members to vote on plan of division.
58-35-77 Articles of division of farm mutual--Articles of incorporation--Filing--Application of chapter provisions.
58-35-78 Annual audit--Independent audit--Report--Extension.
58-36-1
Certificate not to be issued for assessment life or health insurance--Transaction of
business as misdemeanor.
58-36-2 to 58-36-44.
Repealed.
58-36-45
Mutual property insurance association maintained by members of church--Risks
covered--Conduct of business--License not required.
58-36-46
Validation of past actions of religious society mutual.
58-37A-1
Fraternal benefit society defined.
58-37A-2
Lodge system--Regular meetings--Lodges for children.
58-37A-3
Representative form of government determined.
58-37A-4
Definition of terms.
58-37A-5
Benefits and purposes of society--Power to adopt laws and rules for
governing the society.
58-37A-6
Specification of laws or rules--Membership rights.
58-37A-7
Location of office and meetings--Official publication--Annual synopsis--Grievance procedures provided.
58-37A-8
Liability of officers and members of governing body--Indemnification
and reimbursement--Insurance--Liability of noncompensated member.
58-37A-9
Provisions of laws may not be waived.
58-37A-10
Procedure for formation of a society--Transaction by unincorporated
society is a misdemeanor.
58-37A-11
Amendments to society laws--Adoption--Filing--Printing as prima facie
evidence.
58-37A-12
Nonprofit organization created by society.
58-37A-13
Reinsurance agreement--Ceding risks.
58-37A-14
Consolidation or merger.
58-37A-15
Conversion into life insurance company--Plan--Approval.
58-37A-16
Contractual benefits allowed.
58-37A-17
Beneficiary designations--Funeral benefits.
58-37A-18
Money or other benefits not attachable for individual debts.
58-37A-19
Benefit certificates.
58-37A-20
Basis for computing value of nonforfeiture benefits.
58-37A-21
Authorized investments.
58-37A-22
Permissible use of assets and special funds--Establishing separate
accounts and issuing contracts.
58-37A-23
Exemption from other insurance laws.
58-37A-24
Exemption from certain taxes.
58-37A-25
Standards of valuation for certificates--Maintenance of excess reserves.
58-37A-26
Annual statement of affairs--Valuation of certificates--Filing
requirements.
58-37A-27
License to transact business--Annual expiration and renewal--License
fee--Copy of license as evidence.
58-37A-28
Examination of domestic, foreign, and alien societies--Requirements--Responsibility for expenses--Report of examination.
58-37A-29
Foreign or alien society--Qualifications and procedure for admission to
transact business in state.
58-37A-30 to 58-37A-32.
Repealed.
58-37A-33
Insurance producers--When license is required.
58-37A-34
Applicability of unfair trade prohibitions--Determination of membership
requirements and to whom benefits offered.
58-37A-35
Appointment of director as attorney for service of process--Copy
forwarded to secretary of society--Time for filing answer--Fee paid by
plaintiff.
58-37A-36
Fraudulent statements, and soliciting membership in unlicensed societies
as crimes.
58-37A-37
Judicial review of actions of director.
58-37A-38
Exempt societies--Allowance of compensation for procuring new
members prohibited--Director to determine exemption--Exempt societies
not subject to insurance laws.
58-37A-38.1
Inapplicability of subdivision 58-37A-38(2) to certain societies, orders,
and associations.
58-37A-39
Application of other provisions.
CHAPTER 58-38
NONPROFIT MEDICAL AND SURGICAL PLANS
58-38-1 Incorporators, number required--Purpose of incorporation.
58-38-2 Physicians and surgeons defined.
58-38-3 Articles of incorporation and amendments--Approval by director--Filing with secretary of state.
58-38-4 Members and directors.
58-38-5 Board of directors--Minimum number--Qualifications--Selection--Term of office.
58-38-6 License to issue contracts required--Violation as misdemeanor.
58-38-7 Application for license--Form and contents--Documents accompanying.
58-38-8 Issuance of license--Matters considered by director.
58-38-9 Contracts with subscribers.
58-38-10 Rates charged for services--Approval by director.
58-38-11 Contracts with subscribers--Required provisions.
58-38-11.1 Coverage for inpatient treatment of alcoholism to be offered in contracts.
58-38-11.2 Benefits provided under alcoholism coverage--Maximum treatment periods permitted.
58-38-11.3 Plans not within alcoholism coverage requirement.
58-38-11.4 Individual accident or health policy required for covered spouse of insured--Eligibility--Coverage--Waiting periods.
58-38-11.5 Conversion privileges of insured's spouse upon divorce.
58-38-11.6 Coordination, integration, or lessening of benefits restricted.
58-38-11.7 58-38-11.7 to 58-38-11.9. Repealed by SL 2001, ch 274, §§ 4 to 6
58-38-11.10 Exclusion of benefits for injury while under the influence of alcohol or drugs prohibited--Exception for sickness or injury caused in commission of felony.
58-38-12 Care provided by noncontracting physicians--Contracting physician unavailable.
58-38-13 Practice of medicine not authorized by chapter.
58-38-14 Expenses of acquisition and administration--Control by director.
58-38-15 Permitted investments.
58-38-16 Foreign corporation--Transaction of business in state.
58-38-17 Annual statement of financial condition--Filing--Verification--Form and contents.
58-38-18 Investigation and examination by director--Cost borne by corporation.
58-38-19 Exemption from other insurance laws--Exceptions.
58-38-20 Citation of chapter.
58-38-21 Notice required by medical and surgical plan corporation for rate increase.
58-38-22 Grandfathered service and indemnity-type contracts required to cover low-dose mammography--Extent of coverage.
58-38-22.1 Service and indemnity-type contracts required to cover occult breast cancer screening.
58-38-23 Coverage for phenylketonuria.
58-38-24 Hospital service plan authorized.
58-38-25 Formation of voluntary health insurance purchasing organizations.
58-38-26 Membership of voluntary health insurance purchasing organizations.
58-38-27 Purchasing organization's responsibility for negotiating terms and conditions.
58-38-28 Purchasing organization's notice of premium charge.
58-38-29 Additional chapters applicable to purchasing organization.
58-38-30 Approval of purchasing organization by Division of Insurance.
58-38-31 Premiums held in trust by purchasing organization.
58-38-32 Rates for group health insurance issued to purchasing organizations.
58-38-33 Reasonable participation requirements for group members of purchasing organizations.
58-38-34 Purchasing organizations exempt from antitrust provisions.
58-38-35 Promulgation of rules for purchasing organizations.
58-38-36 Minimum loss ratio for small employer health benefit plans.
58-38-37 Minimum inpatient care coverage following delivery.
58-38-38 Shorter hospital stay permitted--Follow-up visit within forty-eight hours required.
58-38-39 Notice to subscribers--Disclosures.
58-38-40 Health insurance policies to provide coverage for biologically-based mental illnesses.
58-38-41 Application--Exemptions.
58-38-42 Policies to provide coverage for diabetes supplies, equipment and education--Exceptions--Conditions and limitations.
58-38-43 Diabetes coverage not required of certain plans and policies.
58-38-44 Contracts to provide coverage for prostate cancer screening.
58-39-1
Incorporators, number required--Purpose of incorporation.
58-39-2
Articles of incorporation and amendments--Approval by director--Filing with
secretary of state.
58-39-3
Members and directors.
58-39-4
Board of directors--Minimum number--Qualifications--Selection--Term of office.
58-39-5
License to issue contracts required--Violation as misdemeanor.
58-39-6
Application for license--Form and contents--Documents accompanying.
58-39-7
Issuance of license--Matters considered by director.
58-39-8
Contracts with subscribers--Rates charged for services--Approval by director.
58-39-9
Care provided by noncontracting dentist--Contracting dentist unavailable.
58-39-10
Practice of dentistry not authorized by chapter.
58-39-11
Expenses of acquisition and administration--Control by director.
58-39-12
Permitted investments.
58-39-13
Foreign corporation--Transaction of business in state.
58-39-14
Annual statement of financial condition--Filing--Verification--Form and contents.
58-39-15
Investigation and examination by director--Cost borne by corporation
.
58-39-16
Exemption from other insurance laws, exceptions--Fees and taxation as insurers.
58-39-16.1
Assignment of benefits provisions applicable.
58-39-17
Citation of chapter.
CHAPTER 58-40
NONPROFIT HOSPITAL SERVICE PLANS
58-40-1 Incorporators, number required--Purpose of incorporation.
58-40-2 Articles of incorporation and amendments--Approval by director--Filing with secretary of state.
58-40-3 Members and directors.
58-40-4 Board of directors--Minimum number--Qualifications--Selection--Term of office.
58-40-5 License to issue contracts required--Violation as misdemeanor.
58-40-6 Application for license--Form and contents--Documents accompanying.
58-40-7 Issuance of license--Matters considered by director.
58-40-8 Contracts with subscribers.
58-40-9 Hospital service determined--Unauthorized practice of healing or practice of medicine.
58-40-10 Contracts with subscribers--Required provisions.
58-40-10.1 Coverage for inpatient treatment of alcoholism to be offered in individual or group plans.
58-40-10.2 Benefits provided under alcoholism coverage--Maximum treatment periods permitted.
58-40-10.3 Plans not within alcoholism coverage requirement.
58-40-10.4 Individual policy required for covered spouse of insured--Eligibility--Coverage--Waiting periods.
58-40-10.5 Conversion privileges of insured's spouse upon divorce.
58-40-10.6 Coordination, integration, or lessening of benefits restricted.
58-40-10.7 58-40-10.7 to 58-40-10.9. Repealed by SL 2001, ch 274, §§ 7 to 9
58-40-10.10 Exclusion of benefits for injury while under the influence of alcohol or drugs prohibited--Exception for sickness or injury caused in commission of felony.
58-40-11 Care provided by noncontracting hospitals--Contracting hospital unavailable.
58-40-12 Rates charged for services--Approval by director.
58-40-12.1 Notice required for rate increase by hospital service plan corporation.
58-40-13 Expenses of acquisition and administration--Control by director.
58-40-14 Permitted investments.
58-40-15 Foreign corporation--Transaction of business in state.
58-40-16 Annual statement of financial condition--Filing--Verification--Form and contents.
58-40-17 Investigation and examination by director--Cost borne by corporation.
58-40-18 Exemption from other insurance laws--Exceptions.
58-40-19 Citation of chapter.
58-40-20 Grandfathered service and indemnity-type contracts required to cover low-dose mammography--Extent of coverage.
58-40-20.1 Service and indemnity-type contracts required to cover occult breast cancer screening.
58-40-21 Coverage for phenylketonuria.
58-40-22 Formation of voluntary health insurance purchasing organizations.
58-40-23 Membership of voluntary health insurance purchasing organizations.
58-40-24 Purchasing organization's responsibility for negotiating terms and conditions.
58-40-25 Purchasing organization's notice of premium charge.
58-40-26 Additional chapters applicable to purchasing organization.
58-40-27 Approval of purchasing organization by Division of Insurance.
58-40-28 Premiums held in trust by purchasing organization.
58-40-29 Rates for group health insurance issued to purchasing organizations.
58-40-30 Reasonable participation requirements for group members of purchasing organizations.
58-40-31 Purchasing organizations exempt from antitrust provisions.
58-40-32 Promulgation of rules for purchasing organizations.
58-40-33 Minimum loss ratio for small employer health benefit plans.
58-40-34 Minimum inpatient care coverage following delivery.
58-40-35 Shorter hospital stay permitted--Follow-up visit within forty-eight hours required.
58-40-36 Notice to subscribers--Disclosure.
58-40-37 Health insurance policies to provide coverage for biologically-based mental illnesses.
58-40-38 Application--Exemptions.
58-40-39 Policies to provide coverage for diabetes supplies, equipment, and education--Exceptions--Conditions and limitations.
58-40-40 Diabetes coverage not required of certain plans and policies.
58-40-41 Contracts to provide coverage for prostate cancer screening.
CHAPTER 58-41
HEALTH MAINTENANCE ORGANIZATIONS
58-41-1 Definition of terms.
58-41-2 Organizations subject to chapter.
58-41-3 Certificate of authority required for health maintenance organization or contracts--Violation as misdemeanor.
58-41-4 Application for certificate of authority required.
58-41-5 58-41-5. Repealed by SL 1985, ch 393, § 7
58-41-6 Verification and form of application--Contents.
58-41-7 Financial statements required with application.
58-41-8 Copies of forms required with application.
58-41-9 Marketing, charges, and financial plans required with application.
58-41-10 Appointment to receive process required of foreign applicant.
58-41-11 Surety bond or deposit required--Waiver.
58-41-12 Determination of health care qualifications.
58-41-13 Coordination with federal professional standards review.
58-41-15 Health maintenance not considered practice of healing arts.
58-41-15.1 Certain healing arts practitioners to participate in alternate health care delivery systems.
58-41-16 58-41-16. Repealed by SL 2013, ch 256, § 7.
58-41-17 Issuance or denial of certificate--Fee--Conditions for issuance.
58-41-18 Factors considered in determining financial responsibility.
58-41-19 Insurance arrangements permitted.
58-41-20 Corporation operating after certification.
58-41-21 Foreign corporations qualifying--Exemption from other requirements.
58-41-22 Filing of notice of modification of operation--Approval if not disapproved--Exemptions.
58-41-23 Composition of governing body--Consumer representation.
58-41-24 Mechanisms for enrollee participation in policy and operation of governing body.
58-41-25 Fiduciary responsibilities to enrollees.
58-41-25.1 Investments.
58-41-26 Exemption from insurance laws--Exceptions--Taxation.
58-41-27 58-41-27. Repealed by SL 1985, ch 393, § 9
58-41-28 Solicitation of enrollment not deemed professional advertising.
58-41-29 Contracts and necessary activities.
58-41-29.1 Notice required for rate increase in health maintenance contract by a health maintenance organization.
58-41-30 Sources of payment for enrollee services--Application by medical assistance recipient.
58-41-31 Direct payments to enrollees prohibited.
58-41-32 Use of words descriptive of insurance, casualty, or surety business as misdemeanor--Exception.
58-41-33 Trade practice laws applicable.
58-41-34 Evidence of coverage issued to enrollees.
58-41-35 Contents required in evidence of coverage.
58-41-35.1 Alcoholism coverage to be offered at time contract is negotiated.
58-41-35.2 58-41-35.2 to 58-41-35.4. Repealed by SL 2001, ch 274, §§ 10 to 12
58-41-35.5 Grandfathered contracts required to cover low-dose mammography--Extent of coverage.
58-41-35.6 Exclusion of benefits for injury while under the influence of alcohol or drugs prohibited--Exception for sickness or injury caused in commission of felony.
58-41-35.7 Contracts required to cover occult breast cancer screening.
58-41-36 Unfair and misleading information in evidence of coverage as misdemeanor.
58-41-37 Deceptive advertising or evidence of coverage as misdemeanor.
58-41-38 Statements deemed untrue.
58-41-39 Statements deemed misleading.
58-41-40 Evidence of coverage deemed deceptive.
58-41-41 Issuance to enrollees of change in evidence of coverage.
58-41-42 Evidence of coverage to be approved before use--Violation as misdemeanor.
58-41-43 Filing and approval requirements applicable.
58-41-44 Charges to enrollees--Fairness--Actuary's certificate.
58-41-45 Discrimination as misdemeanor.
58-41-46 58-41-46 to 58-41-49. Repealed by SL 2013, ch 256, §§ 12 to 15.
58-41-50 Authorized expenses.
58-41-51 58-41-51. Repealed by SL 2013, ch 256, § 16.
58-41-51.1 Individual policy required for covered spouse of insured--Eligibility--Coverage--Waiting periods.
58-41-51.2 Conversion privileges of insured's spouse upon divorce.
58-41-51.3 Continuation and conversion coverage to be offered.
58-41-52 Contracts with providers of health care services.
58-41-52.1 Collection for covered services prohibited.
58-41-52.2 Contracts--Hold harmless provision.
58-41-52.3 Hold harmless provision--Language of provision.
58-41-53 58-41-53. Repealed by SL 1999, ch 245, § 21
58-41-54 Contracts with insurance companies and nonprofit health service plan corporations authorized--Limitations.
58-41-55 Insurance contracts authorized--Group coverage--Benefit payments.
58-41-56 Contracts for management and administrative services authorized.
58-41-57 Payment of unreasonably high expenses as misdemeanor.
58-41-58 58-41-58 to 58-41-62. Repealed by SL 1996, ch 296, §§ 9 to 13
58-41-63 General annual report required--Form and contents.
58-41-64 58-41-64. Repealed by SL 1985, ch 393, § 10
58-41-65 Applications, filings and reports as public documents.
58-41-66 Annual summary for enrollees required--Contents.
58-41-67 Promulgation of rules.
58-41-68 58-41-68 to 58-41-72. Repealed by SL 2013, ch 256, §§ 20 to 24.
58-41-73 Physician-patient privileges.
58-41-74 Confidential data--Exceptions.
58-41-75 58-41-75, 58-41-76. Repealed by SL 2013, ch 256, §§ 25, 26.
58-41-77 58-41-77. Repealed by SL 1978, ch 359, § 3
58-41-78 Cease and desist orders.
58-41-79 Hearing on cease and desist order--Procedure--Judicial review.
58-41-80 Injunctive relief against violations--Venue.
58-41-81 Suspension or revocation of certificate of authority on findings by director.
58-41-82 Additional grounds for suspension or revocation.
58-41-83 Voluntary conference before commencing actions for violation.
58-41-84 Informality in voluntary conferences.
58-41-85 Money penalty in lieu of suspension or revocation.
58-41-86 Requirements for suspension or revocation.
58-41-86.1 Suspension without notice or hearing.
58-41-87 Notice of grounds for denial, suspension, or revocation of certificate--Time of hearing--Summary proceedings excepted.
58-41-88 Administrative procedure and rules.
58-41-89 58-41-89. Repealed by SL 2013, ch 256, § 32.
58-41-90 Action of director after hearing--Written findings.
58-41-91 Judicial review.
58-41-92 Activities prohibited during suspension of certificate.
58-41-93 Winding up after revocation of certificate--Continued operation to protect enrollees.
58-41-94 Summary proceeding to reorganize organization--Grounds.
58-41-95 Rehabilitation, liquidation, or conservation under insurance company laws.
58-41-96 Severability of provisions.
58-41-97 Citation of chapter.
58-41-98 Coverage for phenylketonuria.
58-41-99 Formation of voluntary health insurance purchasing organizations.
58-41-100 Membership of voluntary health insurance purchasing organizations.
58-41-101 Purchasing organization's responsibility for negotiating terms and conditions.
58-41-102 Purchasing organization's notice of premium charge.
58-41-103 Additional chapters applicable to purchasing organization.
58-41-104 Approval of purchasing organization by Division of Insurance.
58-41-105 Premiums held in trust by purchasing organization.
58-41-106 Rates for group health insurance issued to purchasing organizations.
58-41-107 Reasonable participation requirements for group members of purchasing organizations.
58-41-108 Purchasing organizations exempt from antitrust provisions.
58-41-109 Promulgation of rules for purchasing organizations.
58-41-110 Application of chapter to provider contracting with state.
58-41-111 Application of chapter to provider contracting with licensed health maintenance organization.
58-41-112 Minimum inpatient care coverage following delivery.
58-41-113 Shorter hospital stay permitted--Follow-up visit within forty-eight hours required.
58-41-114 Notice to enrollees--Disclosures.
58-41-115 Health insurance policies to provide coverage for biologically-based mental illnesses.
58-41-116 Application--Exemptions.
58-41-117 Policies to provide coverage for diabetes supplies, equipment, and education--Exceptions--Conditions and limitations.
58-41-118 Diabetes coverage not required of certain plans and policies.
58-41-119 Contracts to provide coverage for prostate cancer screening.
58-41-120 Annual report on risk bearing entities.
58-41-121 Documents provided to risk bearing entity by health maintenance organization.
58-41-122 Documents provided to health maintenance organization by risk bearing entity.
58-41-123 Notice by risk bearing entity of change in conditions--Assignment of contract.
58-41-124 Notice to director that risk bearing entity has materially failed to perform contract.
58-41-125 Confidentiality of information.
58-41-126 Nontransferable responsibilities of health maintenance organization.
58-41-127 Coverage for treatment of hearing impairment for persons under age nineteen.
58-43-1
Definition of terms.
58-43-1.1
Repealed.
58-43-2
Annual audit required--Filing audited financial report--Extension of filing date--Audit committee.
58-43-3
Foreign or alien insurers--Exemption.
58-43-4
Annual audited financial report--Contents.
58-43-5
Financial statements.
58-43-5.1
Examination of financial statements by accountant.
58-43-6
Registration of retained accountant--Letter of acknowledgment from accountant.
58-43-7
Notification of dismissal or resignation of insurer's accountant--Reporting
disagreements.
58-43-8
Explanation of disagreements between insurer and accountant--Letters from both
insurer and accountant to director.
58-43-9
Qualifications of accountant.
58-43-9.1
Disqualification of accountant.
58-43-9.2
Disqualification of accountant for services provided contemporaneously with audit.
58-43-9.3
Exemption from disqualification provisions of § 58-43-9.2.
58-43-9.4
Services which do not disqualify accountant--Audit committee preapproval.
58-43-9.5
Preapproval of auditing and nonaudit services by audit committee--SOX compliant
entities.
58-43-9.6
Delegation of preapproval duties.
58-43-9.7
Disqualification of accountant due to previous employment of partner or senior
manager of insurer--Relief from requirement.
58-43-10
Rotation of accountant--Application for relief from rotation requirement.
58-43-11
Rejection of accountant or audited financial report--Grounds.
58-43-12
Disqualification hearing.
58-43-13
Application to file consolidated or combined financial statements--Worksheet--Contents.
58-43-14
Report of material misstatement of financial condition or that capital and surplus
requirements not met--Time limit--Liability of accountant.
58-43-15
Accountant's action upon awareness of new facts subsequent to filing audited report.
58-43-16
Written communication as to unremediated material weaknesses in internal controls
over financial reporting.
58-43-16.1
Applicability of §§ 58-43-16.2 to 58-43-16.9.
58-43-16.2
Responsibilities of audit committee.
58-43-16.3
Membership of audit committee.
58-43-16.4
Independence of audit committee members.
58-43-16.5
Nonindependence of audit committee member for reasons outside the member's
control.
58-43-16.6
Election of controlling person to designate audit committee.
58-43-16.7
Report of accountant to audit committee.
58-43-16.8
Report of accountant where insurer is member of holding company system.
58-43-16.9
Criteria for proportion of audit committee members.
58-43-16.10
Hardship waiver of requirements of §§ 58-43-16.2 to 58-43-16.9, inclusive.
58-43-16.11
Materially false or misleading statements or omissions to accountant prohibited.
58-43-16.12
Coercion, manipulation, or fraudulent influence of accountant prohibited.
58-43-16.13
Management's Report of Internal Control over Financial Reporting required of certain
insurers.
58-43-16.14
Circumstances under which director may require Management's Report of Internal
Control over Financial Reporting.
58-43-16.15
Certain insurers required to file Section 404 report and addendum.
58-43-16.16
Contents of Management's Report of Internal Control over Financial Reporting.
58-43-16.17
Documentation of assertions made in Management's Report of Internal Control over
Financial Reporting.
58-43-16.18
Discretion of management as to internal control framework and documentation.
58-43-16.19
Confidentiality of Management's Report of Internal Control over Financial Reporting
and documentation.
58-43-16.20
Compliance of insurers retaining independent accountant on July 1, 2009.
58-43-16.21
Compliance schedule for insurers not retaining independent accountant on July 1,
2009.
58-43-16.22
Compliance of foreign insurers.
58-43-16.23
Applicability of §§ 58-43-10 and 58-43-16.2 to 58-43-16.10
.
58-43-16.24
Applicability of §§ 58-43-16.13 to 58-43-16.19.
58-43-16.25
Internal audit function requirements.
58-43-16.26
Internal audit function to be organizationally independent.
58-43-16.27
Report of head of internal audit function to audit committee.
58-43-16.28
Member of insurance holding company system or group of insurers.
58-43-16.29
Exemption from internal audit function requirements.
58-43-17
Letter from accountant stating accountant's independent status, background,
compliance with chapter and licensing.
58-43-18
Workpapers.
58-43-19
Availability of workpapers and communications related to audit between insurer and
accountant--Confidentiality of documents.
58-43-20
Hardship exemption--Hearing.
58-43-21
Compliance with chapter for year ending December 31, 1993--Foreign insurer for
1994.
58-43-22
Application to Canadian and British insurers.
58-43-23
Fine, suspension, or revocation of license for violation.
58-43-24
Promulgation of rules by director.
58-43-25
Application of chapter.
58-43-26
Dispute resolution by mediation or arbitration.
58-44-1
Definition of terms.
58-44-2
Application of chapter to licensed insurers--Application of chapter 58-5A.
58-44-3
Application of chapter based on gross written premium on business placed with controlled
insurer.
58-44-4
Chapter not applicable under certain circumstances.
58-44-5
Written contract required--Provisions.
58-44-6
Audit committee of controlled insurer--Annual meeting.
58-44-7
Annual report of loss ratios and loss reserves.
58-44-8
Notice from controlling broker to prospective insured--Subbroker.
58-44-9
Consequences of noncompliance with chapter--Civil action by director.
58-44-10
Civil action in behalf of insurer for violation while under order for liquidation or
rehabilitation.
58-44-11
Rights of director to impose penalties.
58-44-12
Rights of third parties.
58-44-13
Time limit for compliance.
58-44-14
Disapproval of contract between controlling broker and controlled insurer.
58-44-15
Promulgation of rules.
58-44-16
Exception to application of chapter.
58-46-1
Definition of terms.
58-46-2
Repealed.
58-46-3
Requirements for doing business.
58-46-3.1
Group, sponsored, or special purpose captive insurance company limit of exposure
to loss.
58-46-4
Filing requirements.
58-46-5
Additional filing requirements.
58-46-6
Examination, investigation, and processing of application_Fees.
58-46-7
Issuance of certificate of authority.
58-46-8
Capital and surplus requirements.
58-46-9
Dividends and distributions.
58-46-10
Forms of incorporation.
58-46-11
Organizers.
58-46-12
Governing board.
58-46-13
Privileges--Applicable law.
58-46-14
Acquisitions, mergers and consolidation procedures.
58-46-15
Financial condition reporting--Independent audit.
58-46-16
Alternative reporting date.
58-46-17
Review of company financial condition--Compliance.
58-46-18
Suspension or revocation of certificate of authority by director.
58-46-19
Allowable investments--Restrictions.
58-46-20
Loan to parent or affiliated entity.
58-46-21
Ceding or taking credit for reserves.
58-46-22
Rating organization.
58-46-23
Contribution to plan, pool, association, or guaranty or insolvency fund prohibited.
58-46-23.1
Risk management services.
58-46-23.2
Prohibited insurance risks.
58-46-24
Annual supervision fee.
58-46-25
Application of chapter 58-29B.
58-46-26
Application of Title 58.
58-46-27
Sponsored captive insurance may establish protected cells--Conditions.
58-46-28
Sponsor of sponsored captive insurance company.
58-46-29
Participant in sponsored captive insurance company.
58-46-30
Combination of assets of protected cells for purposes of investment.
58-46-31
Form of application--Confidentiality of information.
58-46-32
Promulgation of rules.
58-47-1
Definitions.
58-47-2
Portable electronics insurance defined.
58-47-3
Portable electronics license required to sell or offer portable electronics insurance
coverage.
58-47-4
Brochures to be available at locations where portable electronics insurance offered--Contents.
58-47-5
Periodic basis as group or master commercial inland marine policy.
58-47-6
Insurance producer license not required for vendor employees or representatives
under certain conditions.
58-47-7
Training program for vendor employees and representatives.
58-47-8
Vendor permitted to collect charges for portable electronics insurance--Funds held
in trust for insurer--Vendor compensation.
58-47-9
Change in policy terms and conditions--Notice.
58-47-10
Termination of insurance upon twenty days notice.
58-47-11
Immediate termination of insurance.
58-47-12
Notice of termination.
58-47-13
Notice and correspondence requirements.
58-47-14
Term of portable electronics license--Renewal.
58-47-15
Penalties for violation of chapter.
58-47-16
Application for license.
CHAPTER 58-48
INSURANCE INNOVATION WAIVERS
58-48-1 Definitions.
58-48-2 Grounds for innovation waiver.
58-48-3 Waiver not to restrict policyholder recovery or restrict director's authority.
58-48-4 Limited scope of waiver.
58-48-5 Application for waiver--Persons excluded from waiver application.
58-48-6 Application review--Additional information required.
58-48-7 Grant or denial of waiver--Duration of waiver--Waiver deemed authority to act.
58-48-8 Conditions on innovation waiver.
58-48-9 Waiver participants--Deposit or bond.
58-48-10 Consumer disclosures--Digital disclosure receipts.
58-48-11 Public notice of granted waiver.
58-48-12 Record keeping by participants.
58-48-13 Termination of waivers.
58-48-14 Termination for failure--Termination by director.
58-48-15 No guaranty association coverage for waivers.
58-48-16 Confidentiality of waiver application and materials.
