A licensee or other person who acts according to the written advice of the MEWA contact has a defense to any violation of §§ 58-33-103 to 58-33-108, inclusive, if the information provided by the licensee or other person to the MEWA contact, to the extent material to the MEWA contact’s advice, is accurate and complete.

For the purpose of §§ 58-33-93 to 58-33-116, inclusive, the division’s published list of admitted insurers on its web site is deemed to be accurate. A licensee or other person has a defense to any allegation that a listed insurer is not an admitted insurer. Nothing in §§ 58-33-93 to 58-33-116, inclusive, requires a licensee or other person to notify the division of an unauthorized product or insurer if that licensee or person has reviewed the division’s website and the unauthorized insurer is listed as an admitted insurer.

Terms Used In South Dakota Codified Laws 58-33-109

  • Allegation: something that someone says happened.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 2007, ch 292, § 17.