If the director believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in this chapter, but that such method of competition is unfair or that such act or practice is unfair or deceptive and that a proceeding by him in respect thereto would be in the public interest, he shall, after a hearing of which notice of the hearing and of the charges against him are given such person, make a written report of his findings of fact relative to such charges and serve a copy thereof upon such person and any intervener at the hearing.
S.D. Codified Laws § 58-33-38
Undefined unfair or deceptive practice--Findings by director
Known as the Unauthorized Insurers False Advertising Process Act
The act spans §§ 58–58 (145 sections).
Applied in 1 court decision — leading case Sentell v. Farm Mutual Ins. (2021)
Most recently applied in Sentell v. Farm Mutual Ins. (March 2021)
Source: SL 1966, ch 111, ch 13, § 5 (1).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.