The purpose of this chapter is to establish guidelines and permissible and impermissible standards of conduct in the solicitation of and advertising of life and health insurance in a manner which:

(1) Prevents unfair, deceptive, and misleading advertising;

Terms Used In South Dakota Codified Laws 58-33A-2

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(2) Is conducive to accurate presentation and description to the insurancebuying public through the advertising media and material used by insurance producers and companies;

(3) Provides for the full disclosure of the benefits, limitations, and exclusions of policies sold;

(4) Sets forth minimum standards and guidelines to assure a full and truthful disclosure to the public of all material and relevant information in the advertising of life insurance policies and annuity contracts;

(5) Requires insurers to deliver to purchasers of life insurance information which will improve the buyer’s ability to select the most appropriate plan of life insurance for the buyer’s needs;

(6) Improves the buyer’s understanding of the basic features of the policy which has been purchased or which is under consideration;

(7) Improves the ability of the buyer to evaluate the relative costs of similar plans of life insurance;

(8) Provides reasonable standardization and simplification of terms and coverages of health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations to facilitate public understanding and comparison;

(9) Eliminates provisions contained in health insurance policies and subscriber contracts of nonprofit hospital, medical, and dental service associations which may be misleading or unreasonably confusing in connection either with the purchase of such coverages or with the settlement of claims; and

(10) Provides for full disclosure in the sale of life or health coverages.

Source: SL 1999, ch 240, § 2; SL 2000, ch 251, § 3; SL 2001, ch 286, § 211.