Section 58-24-6.1 - Failure of rate to reflect difference in expected losses and expenses as unfairdiscrimination--Averaged group rates not unfairly discriminatory. - South Dakota Statutes

58-24-6.1. Failure of rate to reflect difference in expected losses and expenses as unfair discrimination--Averaged group rates not unfairly discriminatory. One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the difference in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors, or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise, or blanket policy.

Source: SL 1979, ch 341, § 11.