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Intellectual Property Insurance in South Dakota

South Dakota’s Trade Secrets Act allows an injunction against actual or threatened misappropriation. Ask whether your policy provides prompt access to counsel for an emergency request to stop use or disclosure. 2

What Is Intellectual Property?

Intellectual property insurance comes in two separate parts: defense, when you're accused of infringing a patent, trademark or copyright, and enforcement, when you pursue someone who copied yours. A defense-only quote doesn't pay for your own lawsuit, so ask for each part you need. Read the national Intellectual property guide.

What to Watch for in South Dakota

  • Match the State Rule to Your Coverage

    South Dakota’s Trade Secrets Act allows an injunction against actual or threatened misappropriation. Ask whether your policy provides prompt access to counsel for an emergency request to stop use or disclosure. 2

  • Plan for the State Remedy

    South Dakota’s statute permits damages for actual loss and unjust enrichment, and reasonable-royalty damages when those measures are inadequate. Ask whether a license settlement draws on the same limit as defense. 2

  • Check the Policy Against the Claim

    South Dakota uses a discovery-based three-year period and treats continuing misuse as one claim. Keep the initial discovery date with the claim file and notify the insurer before settlement talks begin. 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

No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Questions to Ask Before You Buy in South Dakota

  1. Will this policy cover a threatened trade-secret claim under South Dakota law before a lawsuit is filed?
  2. Do defense costs reduce the limit available for a royalty settlement or damages?
  3. What records should we preserve to establish when a suspected South Dakota misappropriation was discovered?

Intellectual Property in South Dakota: FAQ

What is the key South Dakota rule for a trade-secret claim? 2

South Dakota’s Trade Secrets Act allows an injunction against actual or threatened misappropriation. Ask whether your policy provides prompt access to counsel for an emergency request to stop use or disclosure. 2

How should I handle a suspected intellectual-property claim in South Dakota? 2,1

Notify the insurer promptly and preserve the first demand, access logs, agreements, and discovery date. South Dakota uses a discovery-based three-year period and treats continuing misuse as one claim. Keep the initial discovery date with the claim file and notify the insurer before settlement talks begin. The federal Defend Trade Secrets Act is a separate claim with its own filing period. 2,1

Intellectual Property in Other States

Other Coverage in South Dakota

Sources

  1. 18 U.S.C. § 1836, Civil Proceedings. Office of the Law Revision Counsel, U.S. House of Representatives; § 1836(b)(1), (3): federal civil action, injunction, and damages for qualifying trade secret misappropriation. Accessed 2026-09-29.
  2. South Dakota Uniform Trade Secrets Act. South Dakota Legislature; §§ 37-29-1–11: definitions, remedies, limitations, and other law. 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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