Any person who claims to have been damaged by any act or practice declared to be unlawful by this chapter shall be permitted to bring a civil action for the recovery of all actual and consequential damages suffered as a result of such act or practice including reasonable attorneys' fees to be set by the court.
S.D. Codified Laws § 58-33-46.1
Civil action for damages resulting from unfair or prohibited act--Attorneys' fees
Known as the Unauthorized Insurers False Advertising Process Act
The act spans §§ 58-33-1 to 58-33-99 (145 sections).
Applied in 4 court decisions — leading case Western National Mutual Insurance Co. v. TSP, Inc. (2017)
Most recently applied in Sentell v. Farm Mutual Ins. (March 2021)
Source: SL 1974, ch 319.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.