58-30-206. Rental car insurance agreement. No insurance may be offered, sold, or solicited pursuant to §§ 58-30-197 to 58-30-208, inclusive, unless:

(1) The rental period of the rental car agreement is twenty-eight consecutive days or less;

(2) At every location where rental agreements are executed, the rental car agent or endorsee prominently displays and makes available brochures or other written materials to each renter who purchases rental car insurance that:

(a) Summarize the material terms, exclusions, limitations, and conditions of coverage offered to renters, including the identity of the insurer;

(b) Describe the process for filing a claim if the renter elects to purchase coverage;

(c) Make information available to the consumer that the rental car insurance offered, sold, or solicited by the rental car agent may provide a duplication of coverage already provided by other sources of the renter's, and that such insurance is not required as a condition of renting the motor vehicle;

(d) Provide the rental car agent's name, address, telephone number, and license number;

(e) Makes available information that, if purchased, the insurance offered by the limited lines producer to the renter is primary coverage over any other insurance coverages applicable to the renter;

(3) Evidence of the rental car insurance coverage is stated in the rental agreement;

(4) Any cost for the rental car insurance is separately itemized in the rental agreement unless preselection of coverage is made in a master, corporate, or group agreement.Source: SL 2001, ch 272, § 10; SDCL § 58-9-43; SL 2010, ch 233, § 2.