South Dakota Codified Laws 58-8-10. Service of process on agent of unauthorized insurer other than director
Service of process in any such action, suit or proceeding shall in addition to the manner provided in §§ 58-8-8 and 58-8-9, be valid if served upon any person within this state who, in this state on behalf of such insurer, is:
(1) Soliciting insurance; or
Terms Used In South Dakota Codified Laws 58-8-10
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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 any premium, membership fee, assessment, or other consideration for insurance;
and a copy of such process is sent within ten days thereafter by registered or certified mail by the plaintiff or plaintiff’s attorney 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 and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending 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 12, § 6; SL 1982, ch 28, § 18.