To determine whether rates are excessive, inadequate, or unfairly discriminatory, the director may consider:

(1) Past and prospective loss experience within this state;

Terms Used In South Dakota Codified Laws 58-24-6

  • 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) Conflagration and catastrophic hazards;

(3) Reasonable margin for the underwriting profit and contingencies;

(4) Dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;

(5) Past and prospective expenses specially applicable to this state; and

(6) All other relevant factors within and outside this state.

The loss experience shall be on at least the most recent fiveyear period for which such experience is available. If South Dakota data are not adequate because of insufficient sample size, the director shall consider the loss experience or the expense data, or both, outside this state.

Source: SL 1966, ch 111, ch 15, § 3 (1) (b); SL 1990, ch 400, § 1.