South Dakota § 58-33-119 Certain solicitations and sales excluded.

South Dakota Statutes

§ 58-33-119 — Certain solicitations and sales excluded.

South Dakota § 58-33-119

Title 58INSURANCE

Ch. 58-32UNFAIR TRADE PRACTICES

This text of South Dakota § 58-33-119 (Certain solicitations and sales excluded.) 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 § 58-33-119 (2026).

Text

Sections 58-33-117 to 58-33-130 , inclusive, do not apply to solicitations or sales involving:

(1)Credit insurance;

(2)Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or certificate does not include a side fund;

(3)An application to the existing insurer that issued the existing policy or contract if a contractual change or a conversion privilege is being exercised; or, if the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the director; or, if a term conversion privilege is exercised among corporate affiliates;

(4)Individual stand-alone health policies, including disability income policies;

(5)Con

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Sections 58-33-117 to 58-33-130 , inclusive, do not apply to solicitations or sales involving: (1) Credit insurance; (2) Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or certificate does not include a side fund; (3) An application to the existing insurer that issued the existing policy or contract if a contractual change or a conversion privilege is being exercised; or, if the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the director; or, if a term conversion privilege is exercised among corporate affiliates; (4) Individual stand-alone health policies, including disability income policies; (5) Contracts offered by Servicemembers' Group Life Insurance or Veterans' Group Life Insurance; (6) Life insurance contracts offered through or by a nonprofit military association, qualifying under Section 501 (c) (23) of the Internal Revenue Code (IRC) as of January 1, 2008, and which are not underwritten by an insurer; or (7) Contracts used to fund: (a) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act as of January 1, 2008; (b) A plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as of January 1, 2008, if established or maintained by an employer; (c) A government or church plan defined in Section 414 of the IRC as of January 1, 2008, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRC as of January 1, 2008; (d) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor; (e) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or (f) Prearranged funeral contracts.