South Dakota: Notice of No UM Coverage a Must in Personal Umbrella Policies

February 20, 2013

It has come to the attention of the South Dakota Division of Insurance that uninsured motorist/underinsured motorist (UM/UIM) coverage is not always included in personal umbrella policies, the department announced.

Umbrella policies are generally considered, by insureds, to provide additional protection above the amount included in the underlying coverage. Prospective insureds may not understand that their umbrella policy might not include UM/UIM and therefore disclosure is necessary.

For new personal umbrella business, an insurer, which provides neither uninsured motorist coverage, underinsured motorist coverage, or provides neither uninsured nor underinsured motorist coverage, shall prominently disclose to a named insured or applicant prior to policy issuance, that such coverage or coverages are not available under the policy.

If the UM/UIM coverage is optional, prominent disclosure that UM/UIM will not be covered unless that specific option is chosen is required. The disclosure document is not required to be filed for approval.

No disclosure is required at renewal or times other than the initial application process.

Failure to provide this disclosure will be a violation of SDCL 58- 33-5 and SDCL 58-33-6.

Source: South Dakota Division of Insurance

 

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Latest Comments

  • February 21, 2013 at 2:41 am
    Mark says:
    It has JUST NOW come to their attention that UM isn't covered by a PUP?! What is wrong up there? A PUP is supposed to cover excess liability costs, since when do people think ... read more
  • February 20, 2013 at 2:31 pm
    Hmmmm says:
    I think it is a mistake not to have a disclosure form created by the Department of Insurance that is uniform allowing the insured to acknowledge (if the coverage is not availa... read more
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