The provisions of §§ 58-12-31 to 58-12-37, inclusive, set forth standards for claim investigation and disposition of claims arising under policies or certificates of insurance issued to residents of South Dakota. It does not apply to claims involving workers’ compensation, fidelity, suretyship, or boiler and machinery insurance. Nothing in §§ 58-12-31 to 58-12-37, inclusive, may be construed to create or imply a private cause of action for violation of §§ 58-12-31 to 58-12-37, inclusive. No disposition under the provisions of §§ 58-12-31 to 58-12-37, inclusive, or any rule promulgated thereto may be used as evidence in any civil litigation. Nothing herein alters the rules of evidence as contained in title 19.

Terms Used In South Dakota Codified Laws 58-12-32

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Source: SL 2014, ch 235, § 2.