FOR AN ACT ENTITLED, An Act to
provide certain protections to insurance complainants
and witnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No person may retaliate in any manner against someone for filing a complaint or otherwise
seeking the services of the division, nor through use of threat, whether actual or implied, trick,
or artifice attempt to have someone withdraw a complaint filed with the division or to decline
to testify or change their testimony in any matters before the division. Any notice sent by the
division shall be limited so as to allow normal insurance functions that require contact with the
insured or claimant such as claim handling to continue. Nothing in this section requires a licensee
to continue to do business with a person or prohibits the cancellation or nonrenewal of a policy
or contract of insurance if otherwise permitted by this Title. It is a violation of this section for
any person to make contact with a complainant or witness after having received notice from the
division not to contact that complainant or witness and the contact is not in compliance with that
notice.