South Dakota Codified Laws 58-18C-7. Continuation policy not required in certain circumstances
No insurer may be required to offer or renew a continuation policy covering any person if:
(1) The person is covered for similar benefits by another individual or group policy;
Terms Used In South Dakota Codified Laws 58-18C-7
- Fraud: Intentional deception resulting in injury to another.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2
(2) Similar benefits are provided for or available to such person, by reason of any state or federal law;
(3) The benefits under sources of the kind referred to in subdivision (1) for such person or benefits provided or available under sources of the kind referred to in subdivision (2) for such person, together with the continued policy’s benefits, would result in overinsurance according to the insurer’s standards for overinsurance;
(4) There has been fraud or material misrepresentation in applying for any benefits under continued or converted policy;
(5) The person failed to pay any required contribution; or
(6) Cancellation of all similar insurance policies in the entire state.
Source: SL 1998, ch 294, § 7; SL 2005, ch 270, § 4.