South Dakota § 58-12-34 Acts constituting unfair claims practices.

South Dakota Statutes

§ 58-12-34 — Acts constituting unfair claims practices.

South Dakota § 58-12-34

Title 58INSURANCE

Ch. 58-11AINSURANCE CLAIMS AND BENEFITS

This text of South Dakota § 58-12-34 (Acts constituting unfair claims practices.) 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 § 58-12-34 (2026).

Text

Any of the following acts by an insurer, if committed in violation of § 58-12-33 , is an unfair claims practice:

(1)Knowingly misrepresents to a claimant or an insured a relevant fact or policy provision relating to coverages at issue;

(2)Fails to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;

(3)Fails to adopt and implement reasonable standards to promptly complete claim investigations and settlement of claims arising under its policies;

(4)Fails to make a good faith attempt to effectuate prompt, fair, and equitable settlement of claims submitted in which liability coverage, and causation of claims have become reasonably clear;

(5)Compels an insured or beneficiary to institute a suit to recover an amou

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Any of the following acts by an insurer, if committed in violation of § 58-12-33 , is an unfair claims practice: (1) Knowingly misrepresents to a claimant or an insured a relevant fact or policy provision relating to coverages at issue; (2) Fails to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies; (3) Fails to adopt and implement reasonable standards to promptly complete claim investigations and settlement of claims arising under its policies; (4) Fails to make a good faith attempt to effectuate prompt, fair, and equitable settlement of claims submitted in which liability coverage, and causation of claims have become reasonably clear; (5) Compels an insured or beneficiary to institute a suit to recover an amount due under its policies by offering substantially less than the amount ultimately recovered in a suit brought by the insured or beneficiary; (6) Refuses to pay claims without conducting a reasonable claim investigation; (7) Fails to affirm or deny coverage of claims within a reasonable time after having completed a claim investigation related to the claim; (8) Attempts to settle a claim for less than the amount that a reasonable person would believe the insured or beneficiary is entitled by reference to written or printed advertising material accompanying or made part of an application; (9) Attempts to settle a claim on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured; (10) Makes a claim payment to an insured or beneficiary without indicating the coverage under which each payment is being made; (11) Unreasonably delays a claim investigation or payment of a claim by requiring both a formal proof of loss form and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form; (12) Fails, in the case of a claim denial or offer of compromise settlement, to promptly provide a reasonable and accurate explanation of the basis for such action; or (13) Fails to provide forms necessary to present a claim within fifteen days of a request with reasonable explanations regarding their use.