58-33-49. Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state.No unauthorized foreign or alien insurer of the kind described in §58-33-47 shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine, or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of the Unfair Trade Practice Act. Violation of this section is a Class 2 misdemeanor. Whenever the director shall have reason to believe that any such insurer is engaging in such unlawful advertising, it shall be his duty to give notice of such fact by registered or certified mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. awful advertising, it shall be his duty to give notice of such fact by registered or certified mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States. Source: SL 1966, ch 111, ch 13, §28; SL 1978, ch 359, §2; SL 1982, ch 28, §18.
South Dakota Legal Code