South Dakota § 58-8-17 - Exemptions from unauthorized insurers process provisions.

§ 58-8-17. Exemptions from unauthorized insurers process provisions.

The provisions of §§ 58-8-6 to 58-8-19, inclusive, shall not apply to any action, suit or proceeding against any unauthorized foreign or alien insurer arising out of a contract of:

(1)    Reinsurance of the liability of an admitted insurer;

(2)    Insurance against perils of navigation, transit, or transportation upon hulls, freights, or disbursements, or other ship owner interest; upon goods, wares, merchandise, and all other personal property and interests therein, in course of exportation from or importation into any country, or transportation coastwise, including transportation by land or water from point of origin to final destination and including war risks; and marine builder's risks, dry docks and marine railways, including insurance of ship repairer's liability, and protection and indemnity insurance, but excluding insurance covering bridges or tunnels;

(3)    Aircraft insurance;

(4)    Insurance on property or operations of railroads engaged in interstate commerce;

(5)    Insurance in accordance with the surplus line law;

(6)    Insurance against legal liability arising out of the ownership, operation, or maintenance of any property having a permanent situs outside of this state;

(7)    Insurance against loss of or damage to any property having a permanent situs outside this state; or

(8)    Where such contract contains a provision designating the director to be its true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any contract or where the insurer enters a general appearance in any such action, suit, or proceeding.

Source: SL 1966, ch 111, ch 12, § 11.