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Codified Laws
58-9 KINDS OF INSURANCE
CHAPTER 58-9

KINDS OF INSURANCE

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.



58-9-1Definitions not mutually exclusive.

It is intended that certain insurance coverages may come within the definitions of two or more kinds of insurance as defined in this chapter, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of which such coverage is likewise reasonably includable.

Source: SL 1966, ch 111, ch 4, § 1.



58-9-2Life insurance defined.

"Life insurance" is insurance on human lives. Life insurance includes also the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured's disability, and optional modes of settlement of proceeds of life insurance. Life insurance does not include workers' compensation coverages.

Source: SL 1966, ch 111, ch 4, § 2.



58-9-3Health insurance defined.

"Health insurance" is insurance of human beings against bodily injury, disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, or childbirth, or against expenses incurred in prevention of sickness, or dental care, and every insurance appertaining thereto. Health insurance does not include workers' compensation insurance.

Source: SL 1966, ch 111, ch 4, § 3.



58-9-4Burial insurance--Definition--Compliance with provisions concerning life insurers required.

Burial insurance as used in this section includes any kind of agreement, certificate, policy, contract, bond, assurance guarantee, or other arrangement, by bylaw, regulation or otherwise, in or by which the party issuing such certificate, policy, contract, bond, assurance guarantee, or other arrangement agrees to provide for the burial of a named or designated person, or to save harmless anyone for the whole or any part of the costs of the burial of the body of a named or designated person, or to pay any part or all of the incidents of the burial of the body of a named or designated person. Any person engaging in the business of burial insurance shall be subject to and shall comply with all of the provisions of this title concerning the organization, qualification and conduct of life insurers. Nothing in this section shall be construed to limit or restrict the definitions of life insurance or life insurer under §§ 58-9-2 and 58-9-3.

Source: SL 1966, ch 111, ch 32, § 4.



58-9-5Property insurance defined.

"Property insurance" is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazards or causes, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage.

Source: SL 1966, ch 111, ch 4, § 4.



58-9-6Marine and transportation insurance defined--Vehicles--Goods transported.

"Marine and transportation insurance" includes insurance against any kind of loss or damage to vessels, craft, aircraft, cars, automobiles, and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry, and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builder's risks and all personal property floater risks.

Source: SL 1966, ch 111, ch 4, § 5 (1) (a).



58-9-7Marine and transportation insurance including personal injury or property damage.

"Marine and transportation insurance" includes insurance against any kind of loss or damage to person or to property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of such insurance, but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance, or use of automobile.

Source: SL 1966, ch 111, ch 4, § 5 (1) (b).



58-9-8Marine and transportation insurance including jewelry and precious metals.

"Marine and transportation insurance" includes insurance against any kind of loss or damage to precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise.

Source: SL 1966, ch 111, ch 4, § 5 (1) (c).



58-9-9Marine and transportation insurance including transportation structures.

"Marine and transportation insurance" includes insurance against any kind of loss or damage to bridges, tunnels, and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage, unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and/or civil commotion are the only hazards to be covered; piers, wharves, docks and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and/or civil commotion; other aids to navigation and transportation, including dry docks and marine railways, against all risks.

Source: SL 1966, ch 111, ch 4, § 5 (1) (d).



58-9-10Marine protection and indemnity insurance included.

"Marine and transportation insurance" includes "marine protection and indemnity insurance," meaning insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair, or construction of any vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death or for loss of or damage to the property of another person.

Source: SL 1966, ch 111, ch 4, § 5 (2).



58-9-11Casualty insurance including vehicle insurance.

"Casualty insurance" includes vehicle insurance, insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability, or expense resulting from or incidental to ownership, maintenance, or use of any such vehicle, aircraft, or animal; and provision of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries, or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to insurance on the vehicle, aircraft, or animal.

Source: SL 1966, ch 111, ch 4, § 6 (1) (a).



58-9-12Casualty insurance including automobile guaranty insurance.

"Casualty insurance" includes automobile guaranty insurance, insurance of the mechanical condition, or freedom from defective or worn parts or equipment, of motor vehicles.

Source: SL 1966, ch 111, ch 4, § 6 (1) (b).



58-9-13Casualty insurance including liability insurance.

"Casualty insurance" includes liability insurance, insurance against legal liability for the death, injury, or disability of any human being, or for damage to property; and provision of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries, or personal representative of persons killed, irrespective of legal liability of the insured, when issued as incidental coverage with or supplemental to liability insurance.

Source: SL 1966, ch 111, ch 4, § 6 (1) (c).



58-9-14Casualty insurance including workers' compensation insurance.

"Casualty insurance" includes workers' compensation insurance, insurance of the obligations accepted by, imposed upon, or assumed by employers under law for death, disablement, or injury of employees.

Source: SL 1966, ch 111, ch 4, § 6 (1) (d).



58-9-15Casualty insurance including burglary and theft insurance.

"Casualty insurance" includes burglary and theft insurance, insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation, or wrongful conversion, disposal, or concealment, or from any attempt at any of the foregoing; including supplemental coverage for medical, hospital, surgical, and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery, or theft by another; also insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers and documents, resulting from any cause.

Source: SL 1966, ch 111, ch 4, § 6 (1) (e).



58-9-16Casualty insurance including personal property floater insurance.

"Casualty insurance" includes personal property floater insurance, insurance upon personal effects against loss or damage from any cause, under a personal property floater.

Source: SL 1966, ch 111, ch 4, § 6 (1) (f).



58-9-17Casualty insurance including glass.

"Casualty insurance" includes insurance against loss or damage to glass, including its lettering, ornamentation, and fittings.

Source: SL 1966, ch 111, ch 4, § 6 (1) (g).



58-9-18Casualty insurance including boiler and machinery insurance.

"Casualty insurance" includes boiler and machinery insurance, insurance against any liability and loss or damage to property or interest resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery, or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery, and apparatus of any kind, whether or not insured.

Source: SL 1966, ch 111, ch 4, § 6 (1) (h).



58-9-19Casualty insurance including leakage and fire extinguishing equipment insurance.

"Casualty insurance" includes leakage and fire extinguishing equipment insurance, insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings, and insurance against loss or damage to such sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus.

Source: SL 1966, ch 111, ch 4, § 6 (1) (i).



58-9-20Casualty insurance including credit insurance.

"Casualty insurance" includes credit insurance, insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured.

Source: SL 1966, ch 111, ch 4, § 6 (1) (j).



58-9-21Casualty insurance including malpractice insurance.

"Casualty insurance" includes malpractice insurance, insurance against legal liability of the insured, and against loss, damage, or expense incidental to a claim of such liability, and including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury, or disablement of any person, or arising out of damage to the economic interest of any person, as the result of negligence in rendering expert, fiduciary, or professional service.

Source: SL 1966, ch 111, ch 4, § 6 (1) (k).



58-9-22Casualty insurance including insurance against congenital defects.

"Casualty insurance" includes insurance against congenital defects in human beings.

Source: SL 1966, ch 111, ch 4, § 6 (1) (l).



58-9-23Casualty insurance including livestock insurance.

"Casualty insurance" includes livestock insurance, insurance against loss of or damage to livestock, and services of a veterinary for such animals.

Source: SL 1966, ch 111, ch 4, § 6 (1) (m).



58-9-24Casualty insurance including elevator insurance.

"Casualty insurance" includes elevator insurance, insurance against loss of or damage to any property of the insured, resulting from the ownership, maintenance or use of elevators, except loss or damage by fire.

Source: SL 1966, ch 111, ch 4, § 6 (1) (n).



58-9-25Casualty insurance including entertainments insurance.

"Casualty insurance" includes entertainments insurance, insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancellation thereof due to death, accidental injury, or sickness of performers, participants, directors, or other principals.

Source: SL 1966, ch 111, ch 4, § 6 (1) (o).



58-9-26Casualty insurance including loss from failure to file instrument relating to personal property.

"Casualty insurance" includes insurance against loss resulting from failure to file or record written instruments affecting the title of or creating a lien upon personal property.

Source: SL 1966, ch 111, ch 4, § 6 (1) (p).



58-9-27Casualty insurance including other unclassified insurance.

"Casualty insurance" includes insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this chapter, if such insurance is not disapproved by the director of insurance as being contrary to law or public policy.

Source: SL 1966, ch 111, ch 4, § 6 (1) (q).



58-9-28Medical, hospital, surgical, funeral, and accident insurance incidental to other insurance.

Provision of medical, hospital, surgical, and funeral benefits, and of coverage against accidental death or injury, as incidental to and part of other insurance as stated under §§ 58-9-11, 58-9-13, 58-9-15, and 58-9-21 shall for all purposes be deemed to be the same kind of insurance to which it is so incidental, and shall not be subject to provisions of this title applicable to life and health insurances.

Source: SL 1966, ch 111, ch 4, § 6 (2).



58-9-29Surety insurance including fidelity insurance.

"Surety insurance" includes fidelity insurance, insurance to guarantee the fidelity of persons holding positions of public or private trust.

Source: SL 1966, ch 111, ch 4, § 7 (1).



58-9-30Surety insurance including workers' compensation insurance.

"Surety insurance" includes insurance or guaranty of the obligations of employers under workers' compensation laws.

Source: SL 1966, ch 111, ch 4, § 7 (2).



58-9-31Surety insurance including performance bonds.

"Surety insurance" includes insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings, and contracts of suretyship.

Source: SL 1966, ch 111, ch 4, § 7 (3).



58-9-32Surety insurance including indemnification of banks, brokers, and financial institutions.

"Surety insurance" includes insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts, or other valuable papers, documents, money, precious metals, and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also insurance against loss or damage to insured's premises, furniture, furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism, malicious mischief, or any attempt thereat.

Source: SL 1966, ch 111, ch 4, § 7 (4).



58-9-33Title insurance defined.

"Title insurance" is the insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title.

Source: SL 1966, ch 111, ch 4, § 8.



58-9-34
     58-9-34 to 58-9-45.   Transferred to §§ 58-30-197 to 58-30-208 by SL 2010, ch 233, § 2.