State statute · South Dakota

Trade practices and frauds (unfair methods)

S.D. Codified Laws ch. 58-33

Publisher: South Dakota Legislature
Edition: S.D. Codified Laws, retrieved 2026-08-28
Last checked: 2026-08-28
Status: South Dakota Codified Laws, public domain

Edition and licensing notes

Publisher. South Dakota Legislature (sdlegislature.gov)

Status. South Dakota Codified Laws, public domain.

Read the official text Practice questions from this source

What this document is

S.D. Codified Laws ch. 58-33: Trade practices and frauds (unfair methods) is a state statute published by South Dakota Legislature (sdlegislature.gov). It is one of the South Dakota documents that insurance license exam questions are written from, including south dakota life & health, south dakota property & casualty, south dakota personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

S.D. Codified Laws § 58-33-3 (Acts constituting unfair methods of competition and deceptive practices)
“The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance, viz: The commission of any one or more of the acts prohibited by §§ 58-33-4 to 58-33-37 , inclusive.”
S.D. Codified Laws § 58-33-5 (False statement as to dividends previously paid on similar policies)
“or make any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or make any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates,...”
S.D. Codified Laws § 58-33-7 (Defamation)
“No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false, or maliciously critical of or...”
S.D. Codified Laws § 58-33-5 (Misrepresentation of policy terms, benefits, and dividends)
“No person shall make, issue, circulate, or cause to be made, issued, or circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or...”
S.D. Codified Laws § 58-33-13 (Unfair Discrimination, Health Insurance)
“Nothing in this section prohibits different rates charged, or benefits payable, or different underwriting procedures used for individuals insured under a franchise plan or provided discounts based upon administrative savings or incentives for additional family members to purchase insurance.”
S.D. Codified Laws § 58-33-17 (Bonus from accumulated surplus not discrimination or rebate)
“Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, in the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated...”
S.D. Codified Laws § 58-33-13 (Unfair discrimination, health insurance)
“No person may make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or...”
S.D. Codified Laws § 58-33-32 (Boycott, coercion, or intimidation as misdemeanor)
“No persons shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. Violation of this section is a Class 2 misdemeanor.”
S.D. Codified Laws § 58-33-7 (Defamation as misdemeanor)
“No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false, or maliciously critical of or...”
S.D. Codified Laws § 58-33-15 (Insurance not to be used to induce purchases of commodities or services--Misdemeanor)
“No insurer may, directly or indirectly through its insurance producers or representatives, participate in any plan to offer or effect any kind or kinds of life insurance, health insurance, property insurance, casualty insurance, surety insurance, or annuities in this state as an inducement to, or...”
S.D. Codified Laws § 58-33-13.1 (Sex or marital status discrimination prohibited--Exceptions)
“An insurance contract may not be denied to an insured or prospective insured on the basis of his or her sex or marital status. The amount of benefits payable, or any term, conditions, or type of coverage shall not be restricted, modified, excluded, or reduced on the basis of the sex or marital...”
SDCL 58-33-5 (Misrepresentation or false advertising of policies as misdemeanor)
“No person shall make, issue, circulate, or cause to be made, issued, or circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or...”

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Questions about this source

S.D. Codified Laws ch. 58-33: Trade practices and frauds (unfair methods) is a state statute published by South Dakota Legislature (sdlegislature.gov). Edition: S.D. Codified Laws, retrieved 2026-08-28.

No. This page summarizes the document and links to the official version. Always rely on the text published by South Dakota Legislature (sdlegislature.gov) for the current law.

Practice questions for South Dakota Life & Health, South Dakota Property & Casualty, South Dakota Personal Lines cite this document.

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