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Cyber Liability Insurance in South Dakota

A South Dakota information holder must notify affected residents within 60 days after discovery or notice of a breach, unless law-enforcement needs require more time. A separate report to the Attorney General is required when a breach exceeds 250 residents, and a no-harm exception requires both notice to the AG and written records kept for at least three years. 1,2

What Is Cyber Liability?

Cyber insurance can help pay covered response costs and claims against your business after a cyber incident. If your business relies on data, software or outside providers, compare response limits, vendor outages and approval rules. Read the national Cyber liability guide.

What to Watch for in South Dakota

  • Resident Notice Has a 60-Day Outer Limit

    South Dakota requires notice no later than 60 days after the information holder discovers or receives notice of a breach, unless law-enforcement needs require a longer period. Ask your response team to track this outer limit while it investigates whether protected information was acquired and restores systems. 1,2

  • More Than 250 Residents Triggers an AG Report

    A breach exceeding 250 South Dakota residents must also be disclosed to the Attorney General by mail or email. Ask who counts affected residents and sends this filing; the statute sets no different number-of-days deadline for this AG notice in §22-40-20. 1

  • A No-Harm Finding Requires an AG Notice and Three-Year File

    A business may skip resident disclosure only after an appropriate investigation, notice to the AG, and a reasonable finding that the breach is unlikely to cause harm; it must write down that finding and keep it at least three years. Ask whether your response plan retains the investigation and decision record rather than treating non-notification as an undocumented choice. 1

  • South Dakota Restarts Notice Within 30 Days After Clearance

    If law enforcement determines notice would impede a criminal investigation, notice may be delayed; after law enforcement determines notice will not compromise the investigation, the statute requires notice within 30 days. Ask the incident lead to capture the agency’s clearance date as a separate deadline trigger. 2

Who Regulates Insurance in South Dakota

South Dakota Division of Insurance

The South Dakota Division of Insurance regulates insurance companies and producers and publishes tools to verify producer and company licenses. It accepts complaints about insurers, HMOs, producers, adjusters, and other licensed or registered insurance entities. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 2.5% of premium; commercial property adds 0.175% fire tax, inland marine 0.075%; no stamping fee South Dakota adds 2.5% surplus-lines tax; its current chart lists an additional fire tax of 0.175% for commercial property and 0.075% for commercial inland marine, none for commercial liability, and no stamping fee. The Division directs surplus-lines brokers to report and remit through SLIP+ within 30 days; ask your broker to confirm which policy-specific disclosures apply. 6,7

Providers With Documented State Licenses

These providers publish a national listing for Cyber liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in South Dakota. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • At-BayAt-Bay Insurance Services LLCInsurance producer, Surplus-lines broker · checked 2026-09-28At-Bay’s license page lists P&C producer and surplus-lines broker license numbers for all 50 states and the District of Columbia. These are company disclosures and do not establish product availability in each jurisdiction. 8
  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 9
  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 10
  • HiscoxHiscox Insurance Company Inc.Insurer · checked 2026-09-28Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. 11
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 13
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 14

Questions to Ask Before You Buy in South Dakota

  1. Who tracks South Dakota’s 60-day consumer-notice limit while we scope and restore the affected system?
  2. Who counts residents and sends the separate AG report if the breach exceeds 250 South Dakotans?
  3. If the team decides residents are unlikely to be harmed, will it notify the AG and retain the written investigation and finding for three years?
  4. Who records the law-enforcement clearance date and tracks the 30-day resumed-notice period?

Cyber Liability in South Dakota: FAQ

How long does a South Dakota business have to notify residents after a breach? 1,2

Within 60 days after discovery or notice of the breach, unless law-enforcement needs require a longer period. 1,2

When must a South Dakota business notify the Attorney General about a breach? 1

When a breach exceeds 250 South Dakota residents, the information holder must disclose it to the AG by mail or email. 1

Can a South Dakota business skip customer notice after a data breach? 1

Yes, only after an appropriate investigation, notice to the AG, and a reasonable determination that the breach is unlikely to cause harm; the business must document the finding and keep it for at least three years. 1

Cyber Liability in Other States

Other Coverage in South Dakota

Sources

  1. S.D. Codified Laws §22-40-20 — Notice of breach of system security. South Dakota Legislative Research Council; §22-40-20: 60-day resident deadline, harm exception/record retention, and >250 AG report; current codified text. Accessed 2026-09-28.
  2. S.D. Codified Laws §22-40-21 — Delay of notice. South Dakota Legislative Research Council; §22-40-21: law-enforcement delay and 30 days from clearance. Accessed 2026-09-28.
  3. south-dakota insurance regulator. State insurance regulator; Division home sets out public consumer, producer, complaint, licensure and company resources. Accessed 2026-09-28.
  4. South Dakota Division of Insurance. State insurance regulator; Public state portal links to verify producer or company licensure; lookup route is part of the official division page. Accessed 2026-09-28.
  5. Filing a Complaint and Your Rights. State insurance regulator; Complaint eligibility covers licensed/registered insurer, HMO, producer, adjuster, and other insurance entities. Accessed 2026-09-28.
  6. South Dakota Tax Rates for Surplus Lines Clearinghouse Coverage Codes. South Dakota Division of Insurance; PDF revised May 2025, p. 1: 2.5% base tax, coverage-specific fire percentages, stamping fee/assessment none; line tables distinguish liability, property, and inland marine. Accessed 2026-09-28.
  7. Surplus Lines Forms and Information. South Dakota Division of Insurance; Single-state tax reporting and remittance through SLIP+ within 30 days; current page reviewed. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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