South Dakota § 58-6A-16.1 Exemptions for purchasing group and insurer in regard to liability insurance--Subject to other laws.

South Dakota Statutes

§ 58-6A-16.1 — Exemptions for purchasing group and insurer in regard to liability insurance--Subject to other laws.

South Dakota § 58-6A-16.1

Title 58INSURANCE

Ch. 58-5CRISK RETENTION GROUPS

This text of South Dakota § 58-6A-16.1 (Exemptions for purchasing group and insurer in regard to liability insurance--Subject to other laws.) 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 § 58-6A-16.1 (2026).

Text

A purchasing group and its insurer or insurers are subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that would:

(1)Prohibit the establishment of a purchasing group;

(2)Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing advantages to a purchasing group or its members based on their loss and expense experience, which coverage is not afforded to other persons with respect to rates, policy forms, coverages, or other matters;

(3)Prohibit a purchasing group or its members from purchasing insurance on a group basis as described in subdivision (2) of this section;

(4)Prohibit a purchasing group from ob

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A purchasing group and its insurer or insurers are subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that would: (1) Prohibit the establishment of a purchasing group; (2) Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing advantages to a purchasing group or its members based on their loss and expense experience, which coverage is not afforded to other persons with respect to rates, policy forms, coverages, or other matters; (3) Prohibit a purchasing group or its members from purchasing insurance on a group basis as described in subdivision (2) of this section; (4) Prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time; (5) Require that a purchasing group shall have a minimum number of members, common ownership or affiliation, or certain legal form; (6) Require that a certain percentage of a purchasing group shall obtain insurance on a group basis; (7) Otherwise discriminate against a purchasing group or any of its members; or (8) Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance producer residing in this state.