South Dakota Codified Laws 58-33-53. Service of process on agent of insurer
Service of statement of charges, notices, and process in any such proceeding, action, or suit shall in addition to the manner provided in § 58-33-52 be valid if served upon any person within this state who on behalf of such insurer is:
(1) Soliciting insurance; or
Terms Used In South Dakota Codified Laws 58-33-53
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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) Making, issuing, or delivering any contract of insurance; or
(3) Collecting or receiving in this state any premium for insurance;
and if a copy of such statement of charges, notices, or process is sent within ten days thereafter by registered or certified mail by or on behalf of the director to the defendant at the last known principal place of business of the defendant, and the defendant’s receipt, or the receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter, the name and address of the person to whom the letter is addressed, and the affidavit of the person mailing the same showing a compliance herewith, are filed with the director in the case of any statement of charges or notices, or with the clerk of the court in which such action is pending in the case of any process, on or before the date the defendant is required to appear or within such further time as the court may allow.
Source: SL 1966, ch 111, ch 13, § 30 (3); SL 1982, ch 28, § 18.