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South Dakota issues notice for insured drivers

Posted On Mon, March 29, 2010

According to the South Dakota Division of Insurance, some insurers are trying to sell auto insurance that doesn't meet state standards.

The SDDI is warning property and casualty insurers that auto policy forms restricting the types of motor vehicles that coverage may apply when an insured consumer is struck as a pedestrian are invalid. This is important information consumers should be aware of.

South Dakota law clearly provides coverage "through being struck by a motor vehicle while a pedestrian," SDDI officials said. The law broadly defines the term motor vehicle as every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

Any restrictions relating to the type of motor vehicle other than those outlined in the state's law is impermissible according to the SDDI. Insurers with policy language that does not conform to the law must make a policy form filing that is in compliance, the SDDI states.

According to the National Highway Traffic Safety Administration, pedestrian fatalities account for 11 percent of motor vehicle fatalities and pedestrians comprise the second largest category of motor vehicle accident deaths following occupant deaths.


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