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South Dakota Hired and Non-Owned Auto Coverage

South Dakota sets a specific primary/excess order when a motor-vehicle business loans a vehicle: the user's available policy is primary and the owner’s policy is excess. Because that statute is limited to listed auto businesses, ask separately how your employer’s HNOA coordinates for employee cars and ordinary business rentals. 1,2

What Is Hired And Non-Owned Auto?

Hired and non-owned auto (HNOA) liability protects the business when rented cars or employees’ own cars are used for work. It does not pay for damage to those vehicles, and it is not a substitute for commercial auto on vehicles the business owns. Read the national Hired and non-owned auto guide.

What to Watch for in South Dakota

  • South Dakota sets an auto-business loaner priority

    Section 58-23-4 applies to policies covering businesses that sell, repair, service, store, or park motor vehicles. When another policy covers the user, that policy is primary and the auto-business owner’s policy is excess. Confirm whether the rule reaches your arrangement before relying on it. 1

  • Rental insurance is a separately regulated product

    South Dakota defines rental-car insurance in chapter 58-30 for short-term rental transactions. Ask whether any rental protection purchased by the employee covers liability or only specified losses, and whether it names the employer. 2

  • The loaner statute does not resolve employee-owned autos

    Section 58-23-4 addresses a vehicle owned by a specified automotive business and loaned to another user. It does not automatically establish priority for an employee’s personal vehicle used for company work; get the HNOA other-insurance clause reviewed. 1

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 Hired and non-owned auto; 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.

  • 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

Questions to Ask Before You Buy in South Dakota

  1. Does our company fall within the motor-vehicle business categories in § 58-23-4?
  2. What does the employee’s South Dakota rental agreement provide for third-party liability?
  3. How does our policy respond when the employee, rather than the company, owns the car?

Hired And Non-Owned Auto in South Dakota: FAQ

Which policy is primary for a vehicle loaned by a South Dakota auto business? 1

If another auto policy covers the borrower, § 58-23-4 makes the borrower’s policy primary and the owner’s policy excess, subject to that owner policy’s terms. 1

Is rental-car insurance regulated in South Dakota? 2

Yes. South Dakota’s insurance code defines and regulates rental-car insurance in §§ 58-30-197 through 58-30-208. Read the contract to identify which type of protection is offered. 2

Hired And Non-Owned Auto in Other States

Other Coverage in South Dakota

Sources

  1. Primary and excess coverage on vehicle loaned by automobile service agency. South Dakota Legislature; S.D.C.L. § 58-23-4(1)–(2). Accessed 2026-09-29.
  2. Rental car insurance—Definition of terms. South Dakota Legislature; S.D.C.L. §§ 58-30-197 to 58-30-208: rental-car insurance framework. Accessed 2026-09-29.
  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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