South Dakota § 58-12-33 Flagrant or frequent violations--Notice and opportunity to correct inadvertent violations.

South Dakota Statutes

§ 58-12-33 — Flagrant or frequent violations--Notice and opportunity to correct inadvertent violations.

South Dakota § 58-12-33

Title 58INSURANCE

Ch. 58-11AINSURANCE CLAIMS AND BENEFITS

This text of South Dakota § 58-12-33 (Flagrant or frequent violations--Notice and opportunity to correct inadvertent violations.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 58-12-33 (2026).

Text

Any act by an insurer, if committed in violation of this section, is an unfair claims practice if:

(1)It is committed flagrantly and in conscious disregard of the provisions of §§ 58-12-31 to 58-12-37 , inclusive, or any rule promulgated pursuant to §§ 58-12-31 to 58-12-37 , inclusive; or (2) It is committed with such frequency to indicate a general business practice to engage in that type of conduct. For any act defined in § 58-12-34 , the director shall provide notice and an opportunity to correct the violation pursuant to § 58-33-68 if the act was inadvertent. Any act that is committed flagrantly or in conscious disregard of the provisions of §§ 58-12-31 to 58-12-37 , inclusive, are not subject to the procedures required under § 58-33-68 .

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Any act by an insurer, if committed in violation of this section, is an unfair claims practice if: (1) It is committed flagrantly and in conscious disregard of the provisions of §§ 58-12-31 to 58-12-37 , inclusive, or any rule promulgated pursuant to §§ 58-12-31 to 58-12-37 , inclusive; or (2) It is committed with such frequency to indicate a general business practice to engage in that type of conduct. For any act defined in § 58-12-34 , the director shall provide notice and an opportunity to correct the violation pursuant to § 58-33-68 if the act was inadvertent. Any act that is committed flagrantly or in conscious disregard of the provisions of §§ 58-12-31 to 58-12-37 , inclusive, are not subject to the procedures required under § 58-33-68 .