58-1-9. Existing certificates of authority--Renewal, suspension, revocation, or termination.

Every certificate of authority of an insurer in force immediately prior to July 1, 1966, and existing under any law repealed by chapter 111 of the Session Laws of 1966, shall be subject to renewal, suspension, revocation, or termination as though originally issued under this title.

Source: SL 1966, ch 111, ch 1, § 8.

58-1-10. Existing licenses--Renewal, suspension, revocation or termination.

Every license of an insurance producer in force immediately prior to July 1, 1966, and existing under any law herein repealed by chapter 111 of the Session Laws of 1966, shall be subject to renewal, suspension, revocation, or termination as though originally issued under this title.

Source: SL 1966, ch 111, ch 1, § 9; SL 2001, ch 286, § 59.

58-1-11. General saving clause.

Enactment of this title shall not impair or affect any act done, offense committed or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to July 1, 1966, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if this enactment had not been passed.

Source: SL 1966, ch 111, ch 1, § 10.

58-1-12. Applicability of title under unrepealed laws.

Any laws of South Dakota, other than this title, remaining in force after July 1, 1966, which refer to certain provisions of law repealed by chapter 111 of the Session Laws of 1966, shall be deemed to refer to those provisions of this title which are in substance the same or substantially the same as such repealed provisions.

Source: SL 1966, ch 111, ch 1, § 11.

58-1-13. Severability of provisions.

If any provision of this title or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions of this title or any other application which can be given effect without the invalid provision or application, and to this end, all provisions of this title are declared to be severable.

Source: SL 1966, ch 111, ch 1, § 7.

58-1-14. Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.

Notice of refusal to renew an insurance policy as defined in §§ 58-9-5 to 58-9-30, inclusive, 58-9-32 and 58-9-33 is not effective unless mailed or delivered by the insurer to the named insured at least sixty days before the effective renewal date. The policy provisions control if the policy provides for a notice of refusal to renew that exceeds sixty days. This section does not apply to the cancellation and nonrenewal of automobile policies or coverages as defined in § 58-11-45 or to a policy of homeowner's insurance. This section also does not apply to any other personal lines policy. A notice of refusal to renew any other personal lines policy is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. A notice of nonrenewal is not required if the policyholder is transferred to an insurer that is a member of the same insurance group as the previous insurer and notice of such transfer is given in the form adopted by rule by the Division of Insurance pursuant to chapter 1-26.

Source: SL 1983, ch 372, § 1; SL 1985, ch 384; SL 1986, ch 414, §§ 1, 2; SL 2001, ch 264, § 1; SL 2002, ch 228, § 1; SL 2003, ch 244, § 1.

58-1-14.1. Notice of refusal to renew--Thirty-day delivery requirement--Exception.

Notice of refusal to renew an insurance policy as defined in § 58-9-31 is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. The policy provisions control if the policy provides for a notice of refusal to renew that exceeds thirty days.

Source: SL 2003, ch 244, § 2.

58-1-15. Homeowner's insurance policy defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception.

Notice of refusal to renew, as provided in § 58-1-14, does not apply to a homeowner's insurance policy which shall for the purposes of § 58-1-14 mean a policy normally written by the insurer as a standard homeowner's package policy or as a standard residential renter's package policy or homeowner's multiple peril policy. However, notice of refusal to renew a homeowner's insurance policy is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. A notice of nonrenewal is not required if the policyholder is transferred to an insurer that is a member of the same insurance group as the previous insurer and notice of such transfer is given in the form adopted by rule by the Division of Insurance pursuant to chapter 1-26.

Source: SL 1986, ch 414, § 4; SL 2001, ch 264, § 2.

58-1-16. Exemption of charitable gift annuity from insurance regulation--Qualified organization.

No provision of Title 58 applies to any qualified organization which issues a charitable gift annuity within this state if the qualified organization has operated for a period of ten years and has a minimum of five hundred thousand dollars in unrestricted cash, cash equivalents, or publicly traded securities, exclusive of the assets funding the annuity agreement as of the date of the annuity agreement. For the purposes of this section, a charitable gift annuity means a giving plan or method by which a gift of cash or other property is made to a qualified organization in exchange for its agreement to pay an annuity. For the purposes of this section, a qualified organization means an organization which is either domiciled in South Dakota and has its principal place of business in South Dakota or is qualified to do business in South Dakota as a foreign corporation, and which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a charitable organization and regularly files a copy of Federal Form 990 in the Office of the Attorney General or is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a religious organization or is exempt as a publicly owned or nonprofit, privately endowed educational institution approved, accredited, or licensed by the South Dakota Board of Education Standards, the north central association of colleges and schools, or an equivalent public authority of the jurisdiction where the institution is located.

Source: SL 1994, ch 370, § 1; SL 2001, ch 265, § 1; SL 2017, ch 81, § 57.

58-1-16.1. Applicability of § 58-1-16.

The provisions of § 58-1-16 do not apply to any qualified organization that met the requirements of § 58-1-16 and issued any charitable gift annuity prior to July 1, 2001.

Source: SL 2001, ch 265, § 2.

58-1-17. Disclosure statement for issuance of charitable gift annuity.

Any qualified organization which issues a charitable gift annuity shall include on its promotional literature and the charitable gift annuity the following disclosure statement in ten point bold type or larger: "Charitable gift annuities are not regulated by and are not under the jurisdiction of the South Dakota Division of Insurance."

Source: SL 1994, ch 370, § 2.

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.

Any health benefit plan that provides coverage for prescription drugs or devices on an outpatient basis, or administers such a plan, including third-party administrators for self-insured plans and state-administered plans, shall issue to its primary insured a card or other technology containing uniform prescription drug information. The director of the Division of Insurance shall prescribe the format and elements of information for the uniform prescription drug information card or technology and shall consider the format and elements of information approved by the National Council for Prescription Drug Programs (NCPDP) and the required and conditional or situational fields and the most recent pharmacy identification card or technology implementation guide produced by NCPDP. A health benefit plan is not required to issue a pharmacy identification card separate from another identification card issued to an insured under the health benefit plan if the identification card contains the elements of information required by the Division of Insurance.

Source: SL 2001, ch 266, § 1.

58-1-20. Prescription drug information card to be issued upon enrollment--Reissuance.

A health benefit plan shall issue a card or other technology required by § 58-1-19 upon enrollment. The card or technology shall be reissued upon any change in the insured's coverage that impacts data contained on the card or upon any change in the format adopted by the director of the Division of Insurance. However, the health benefit plan is not required to issue a new card or technology more often than once each calendar year. Newly issued cards or technology shall be updated with the latest coverage information and the director of the Division of Insurance shall consider the NCPDP standards then in effect and the implementation guide then in use.

Source: SL 2001, ch 266, § 2.

58-1-21. Health benefit plan defined for purposes of §§ 58-1-19 to 58-1-23.

As used in §§ 58-1-19 to 58-1-23, inclusive, the term, health benefit plan, means an accident and health insurance policy or certificate; a nonprofit hospital or medical service corporation contract; a health maintenance organization subscriber contract; a plan provided by a multiple employer welfare arrangement; or a plan provided by another benefit arrangement, to the extent permitted by the Employee Retirement Income Security Act of 1974, as amended to January 1, 2001, or by any waiver of or other exception to that act provided under federal law or regulation. The term does not apply to any plan, policy, or contract that provides coverage only for:

(1)    Accident;

(2)    Credit;

(3)    Disability income;

(4)    Specified disease;

(5)    Dental;

(6)    Vision;

(7)    Coverage issued as a supplement to liability insurance;

(8)    Medical payments under automobile or homeowners;

(9)    Insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability policy or equivalent self-insurance;

(10)    Hospital income or indemnity;

(11)    Long-term care; and

(12)    Medicare supplement.

Source: SL 2001, ch 266, § 3.

58-1-22. Applicability of §§ 58-1-19 to 58-1-23.

Sections 58-1-19 to 58-1-23, inclusive, applies to health benefit plans that are delivered, issued for delivery, or renewed on and after July 1, 2002. For purposes of §§ 58-1-19 to 58-1-23, inclusive, renewal of a health benefit policy, contract, or plan is presumed to occur on each anniversary of the date on which coverage was first effective on the person or persons covered by the health benefit plan.

Source: SL 2001, ch 266, § 4.

58-1-23. Director to enforce provisions--Promulgation of rules.

The director of insurance shall enforce the provisions of §§ 58-1-19 to 58-1-23, inclusive. The director of insurance may promulgate rules pursuant to chapter 1-26 to establish the format and elements of information for the uniform information card or technology to be used in the state following the standards established in §§ 58-1-19 and 58-1-20.

Source: SL 2001, ch 266, § 5.

58-1-24. Definitions related to genetic testing.

Terms used in §§ 58-1-25, 58-1-25.1, and 58-18-87 mean:

(1)    "Genetic information," hereditary information obtained from an individual's genetic test or a genetic test of a family member. The term includes hereditary information obtained from genetic services and participation in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services. The term does not include information about an individual's sex or age;

(2)    "Genetic test," an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;

(3)    "Health carrier," any person who provides health insurance in this state. The term includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a fraternal benefit contract, or any person providing a plan of health insurance subject to state insurance regulation;

(4)    "Health insurance," insurance provided pursuant to chapters 58-17 (except disability income insurance), 58-17F, 58-17G, 58-17H, 58-17I, 58-18 (except disability income insurance), 58-18B, 58-38, 58-40, and 58-41;

(5)    "Individual," an applicant for coverage or a person already covered by a health carrier;

(6)    "Life insurer," an entity subject to regulation under chapter 58-15 or otherwise issuing contracts of life insurance and annuities under chapter 58-15;

(7)    "Long-term care insurer," an insurer that issues long-term care insurance policies pursuant to chapter 58-17B.

Source: SL 2001, ch 267, § 1; SL 2011, ch 219, § 95; SL 2021, ch 209, § 1, eff. Jan. 1, 2022.

58-1-25. Use of genetic tests in offer, sale, or renewal of insurance prohibited.

No health carrier, life insurer, or long-term care insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, may, in connection with the offer, sale, or renewal of insurance:

(1)    Require or request an individual or a blood relative of the individual to take a genetic test; or

(2)    Take into consideration the fact that a genetic test was refused by an individual or a blood relative of the individual.

Source: SL 2001, ch 267, § 2; SL 2021, ch 209, § 2, eff. Jan. 1, 2022.

58-1-25.1. Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.

Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. Nothing in this section prohibits a company that provides genetic testing from communicating with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted in this section.

Source: SL 2021, ch 209, § 3, eff. Jan. 1, 2022.

58-1-26. Retention of records.

Any insurer, nonprofit, surgical, dental or hospital plan, a health maintenance organization, or any other person required to be licensed or registered under this title shall retain all books and records that are subject to examination pursuant to chapter 58-3 for a period of not less than five years.

Source: SL 2002, ch 241, § 2.

58-1-27. Transmission of electronic documents--Definitions.

Terms used in §§ 58-1-27 to 58-1-39, inclusive, mean:

(1)    "Covered employee," an individual participating in a group health plan who is entitled to notices and documents and who is an employee of the sponsor or policyholder of the group health plan;

(2)    "Covered person," an individual participating in a group health plan who is entitled to notices and documents;

(3)    "Delivered by electronic means:"

(a)    Delivery to an electronic mail address at which a party has consented to receive notices or documents; or

(b)    Posting on an electronic network or site accessible via the internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice to a party directed to the electronic mail address at which the party consents to receive notice of the posting;

(4)    "Party," any recipient of any notice or document required as part of an insurance transaction, including an applicant, a covered employee, a covered person, an insured, a policyholder, or an annuity contract holder; and

(5)    "Smart device," an electronic device that combines a cell phone with a hand-held computer and that offers internet access and text or electronic mail capabilities.

Source: SL 2014, ch 230, § 1; SL 2023, ch 162, § 1.

58-1-28. Transmission and storage of electronic documents permitted.

Subject to § 58-1-30, any notice to a party or any other document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of chapter 53-10.

Source: SL 2014, ch 230, § 2.

58-1-29. Delivery by electronic transmission equivalent to other delivery methods.

Delivery of a notice or document in accordance with the provisions of §§ 58-1-27 to 58-1-39, inclusive, is equivalent to any delivery method required under applicable law.

Source: SL 2014, ch 230, § 3.

58-1-30. Conditions for transmission of electronic documents.

An insurer may only deliver a notice or document to a party by electronic means pursuant to §§ 58-1-27 to 58-1-39, inclusive, if:

(1)    The party affirmatively consents to the electronic delivery and has not withdrawn the consent;

(2)    The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:

(a)    Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;

(b)    The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;

(c)    Whether the party's consent applies:

(i)    Only to the particular transaction as to which the notice or document must be given; or

(ii)    To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;

(d)    The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and

(e)    The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;

(3)    The insurer ensures that the party:

(a)    Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and

(b)    Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and

(4)    The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:

(a)    The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

(b)    The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.

Source: SL 2014, ch 230, § 4.

58-1-30.1. Transmission of electronic documents--Consent by sponsor or policyholder.

Notwithstanding § 58-1-30, a sponsor or policyholder of a group health plan may consent to notices and documents delivered by electronic means, unless there is a federal requirement for a specific mode of delivery, on behalf of the sponsor or policyholder's covered employees and covered persons.

Source: SL 2023, ch 162, § 2.

58-1-30.2. Transmission of electronic documents--Requirements for effective consent.

For consent to be effective under § 58-1-30.1, the sponsor or policyholder must:

(1)    Assign each covered employee for whom consent is being given an electronic mail address for employment-related purposes at which the employee may receive or access notifications regarding posted notices and documents delivered by electronic means or require each employee for whom consent is being given to provide the sponsor or policyholder with an electronic mail address or a smart device number at which the employee may receive or access notifications regarding posted notices and documents delivered by electronic means;

(2)    Require each covered person, or a covered employee on behalf of a covered person, to provide the sponsor or policyholder with an electronic mail address or a smart device number at which the person may receive or access notifications regarding notices and documents delivered by electronic means;

(3)    Provide a notification in paper form, containing the elements described in § 58-1-30.3, to each covered employee and covered person for whom consent is being given prior to delivery by electronic means of notices and documents; and

(4)    Provide notice, in the manner described in § 58-1-30.4, to each impacted covered employee and covered person, at the electronic mail address or smart device number designated pursuant to subdivision (2), prior to each time a notice or document is posted on an internet site.

Source: SL 2023, ch 162, § 3.

58-1-30.3. Transmission of electronic documents by consent--Paper notification.

The paper form notification, as described in § 58-1-30.2, must:

(1)    Notify the covered employee or covered person that notices and documents for the group health plan will be posted to an internet site to which the covered employee or covered person will have reasonable access;

(2)    Confirm the electronic mail address or smart device number to which notifications regarding notice and documents will be delivered by electronic means to the covered employee or person;

(3)    Provide instructions for accessing notices or documents on the internet site;

(4)    Provide the time period during which a specific type of notice or document delivered by electronic means will remain accessible;

(5)    Advise the covered employee or covered person that a paper form of a notice or document may be requested free of charge and of the process to request a paper form;

(6)    Advise the covered employee or covered person of the right to opt out of delivery by electronic means and the process to exercise that right free of charge; and

(7)    Notify the covered employee or covered person of the hardware or software requirements needed to access or retain a notice or document from an internet site.

Source: SL 2023, ch 162, § 4.

58-1-30.4. Transmission of electronic documents by consent--Notice of document by electronic means.

The notice, as described in § 58-1-30.2, may be delivered by electronic means to the covered employee's or covered person's designated electronic mail address or smart device number and must contain:

(1)    A prominent statement that important information regarding the group health plan has been posted on the internet site;

(2)    The name of or a description of the notice or document;

(3)    The internet site address or a hyperlink at which the notice or document may be accessed;

(4)    A statement of the recipient's right to request the notice or document in paper form at no charge and the process to exercise that right;

(5)    A statement of the recipient's right to opt out of delivery by electronic means and to receive documents in paper form free of charge;

(6)    The time period during which the notice or document will remain accessible on the internet site; and

(7)    A telephone number for the insurer or the group health plan administrator.

Source: SL 2023, ch 162, § 5.

58-1-31. Content and timing requirements unaffected.

Nothing in §§ 58-1-27 to 58-1-39, inclusive, affects any requirement related to content or timing of any notice or document otherwise required pursuant to applicable law.

Source: SL 2014, ch 230, § 5.

58-1-32. Verification or acknowledgment of receipt.

If a provision of applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may only be delivered by electronic means if the method used provides for verification or acknowledgment of receipt.

Source: SL 2014, ch 230, § 6.

58-1-33. Effect of failure to obtain electronic consent or confirmation.

The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subsection 58-1-30(3)(b).

Source: SL 2014, ch 230, § 7.

58-1-34. Withdrawal of consent.

A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective. A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the insurer. If an insurer fails to comply with § 58-1-30, the party may treat the failure as a withdrawal of consent for purposes of §§ 58-1-27 to 58-1-39, inclusive.

Source: SL 2014, ch 230, § 8.

58-1-35. Documents delivered electronically before July 1, 2014.

The provisions of §§ 58-1-27 to 58-1-39, inclusive, do not apply to a notice or document delivered by an insurer in an electronic form before July 1, 2014 to a party who, before that date, consented to receive notice or document in an electronic form otherwise allowed by law.

Source: SL 2014, ch 230, § 9.

58-1-36. Notice to parties consenting to electronic transmission before July 1, 2014.

If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before July 1, 2014, and pursuant to §§ 58-1-27 to 58-1-39, inclusive, an insurer intends to deliver additional notices or documents to such party in an electronic form, then prior to delivering such additional notices or documents electronically, the insurer shall notify the party of:

(1)    The notices or documents that may be delivered by electronic means pursuant to §§ 58-1-27 to 58-1-39, inclusive, that were not previously delivered electronically; and

(2)    The party's right to withdraw consent to have notices or documents delivered by electronic means.

Source: SL 2014, ch 230, § 10.

58-1-37. Oral communications and recordings--Electronic signatures.

Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party is reliably stored and reproduced by an insurer, the oral communication or recording qualifies as a notice or document delivered by electronic means for purposes of §§ 58-1-27 to 58-1-39, inclusive. If a provision of applicable law requires a signature, notice, or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice, or document.

Source: SL 2014, ch 230, § 11.

58-1-38. Conditions for posting property and casualty policy or endorsement on insurer's website.

Notwithstanding any other provision of §§ 58-1-27 to 58-1-39, inclusive, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's website. If the insurer elects to post an insurance policy or endorsement on the insurer's website in lieu of mailing or delivering the document to the insured, the insurer must comply with the following conditions:

(1)    The policy and endorsement must be accessible as long as the policy or endorsement is in force;

(2)    After the policy expires, the insurer must maintain and archive the policy and endorsement for five years after the expiration of the policy and shall make the documents available to the party on request;

(3)    The insurer must post the policy and endorsement in a manner that allows the insured to print and save the policy and endorsement using a program or application that is widely available on the internet and free to use;

(4)    The insurer provides the following information in, or simultaneous with each declarations page provided at the time of issuance of the initial policy and any renewals of that policy;

(a)    A description of the exact policy and endorsement form purchased by the insured;

(b)    A method by which the insured may obtain, upon request and without charge, a paper copy of the policy; and

(c)    The internet address where the insured's policy and endorsement is posted; and

(5)    The insurer provides notice, in the format preferred by the insured, of any changes to the form or endorsement, the insured's right to obtain, upon request and without charge, a paper copy of a form, and the internet address where the form and endorsement is posted.

Source: SL 2014, ch 230, § 12.

58-1-39. Products and documents to which §§ 58-1-27 to 58-1-39 apply.

The provisions of §§ 58-1-27 to 58-1-39, inclusive, apply to the insurance products and documents, including insurance policies, insurance riders, insurance endorsements, and annuity contracts filed with and regulated by the director pursuant to this title.

Source: SL 2014, ch 230, § 13.

58-1-40. English version of policy controls--Transactions in another language permitted.

The controlling version of any insurance policy offered in South Dakota shall be the English version. An authorized insurer, as defined in subdivision 58-1-2(2), may conduct transactions in a language other than English through an employee or agent acting as interpreter or through an interpreter provided by the customer.

Source: SL 2018, ch 277, § 1.

58-1-41. Policies and advertising in language other than English permitted.

An authorized insurer, as defined in subdivision 58-1-2(2), may provide insurance policies, endorsements, riders, and any explanatory or advertising materials in a language other than English. If there is a dispute or complaint regarding the insurance or advertising material, the English language version of the insurance coverage shall control the resolution of the dispute or complaint.

Source: SL 2018, ch 277, § 2.

58-1-42. Statement attesting that policy in language other than English is translation of policy approved by division.

An authorized insurer, as defined in subdivision 58-1-2(2), providing a policy as authorized in § 58-1-41 may only offer that policy after the insurer has first filed a statement with the Division of Insurance attesting that the policy in a language other than English is the translation of a policy form already filed and approved by the division.

Source: SL 2018, ch 277, § 3.

58-1-43. Policy statement that dispute resolved by English version.

A policy offered in a language other than English must clearly state in the language of that policy being marketed, that if a dispute or complaint occurs regarding the meaning of the policy, the dispute shall be resolved by the English version interpretation.

Source: SL 2018, ch 277, § 4.

58-1-44. Unfair trade provisions not abrogated.

Nothing contained in §§ 58-1-40 to 58-1-43, inclusive, shall abrogate or supersede the provisions set forth in chapter 58-33 relating to unfair trade practices.

Source: SL 2018, ch 277, § 5.

58-1-45. Alternative delivery method for policies--Record.

An insurer may comply with the policy delivery requirements of §§ 58-15-8.2, 58-15-59.2, 58-17-11.1, 58-17A-8.1, and 58-28-24.2 by one of the following alternative delivery methods:

(1)    Via first-class mail using an intelligent mail barcode or another similar tracking method used or approved by the United States Postal Service; or

(2)    Via commercial delivery service using a tracking method approved by the division.

An insurer utilizing an alternative delivery method must retain a record evidencing delivery of the policy for five years.

Source: SL 2024, ch 200, § 1.