South Dakota Umbrella and Excess Liability Guide

SDCL 32-35-70 requires an owner’s liability policy to insure permitted users at $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for property, exclusive of interest and costs. If the policy meets Title 58’s filing and form requirements and the Division of Insurance has approved it, the driver and owner have complied with that chapter. SDCL 20-9-2 uses a different damages test: contributory negligence does not bar recovery when the plaintiff’s negligence was slight in comparison with the defendant’s, and damages are then reduced in proportion to the plaintiff’s negligence. The comparison is made without telling the jury a percentage of the plaintiff’s fault. Schedule the umbrella above the owner’s-policy amounts, and do not assume a percentage-fault state rule decides whether the claimant recovers.

What Is Umbrella and Excess Liability Insurance?

Umbrella or excess insurance adds liability limits above the policies named in the quote after a covered claim exhausts their limits. It may fit if a contract sets higher limits; check which primary policies are listed and any gaps between them. Read the national Umbrella and excess liability guide.

South Dakota Umbrella and Excess Liability Insurance Requirements

Requirement	Details
Owner’s policy amounts	SDCL 32-35-70 sets limits of $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for injury to or destruction of property of others. A policy that complies with Title 58 and has been approved by the Division of Insurance satisfies the chapter. The statute also allows a written certification that the vehicle will not be operated during the policy period, in which case liability coverage may be excluded. These are owner’s-policy rules, not an umbrella minimum. ¹

Requirement

Details

Owner’s policy amounts

SDCL 32-35-70 sets limits of $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for injury to or destruction of property of others. A policy that complies with Title 58 and has been approved by the Division of Insurance satisfies the chapter. The statute also allows a written certification that the vehicle will not be operated during the policy period, in which case liability coverage may be excluded. These are owner’s-policy rules, not an umbrella minimum. ¹

What to Watch for With Umbrella and Excess Liability in South Dakota

Recovery turns on whether the plaintiff’s negligence was slight
Section 20-9-2 does not use a 50 percent or 51 percent bar. The plaintiff recovers, with damages reduced in proportion to the plaintiff’s negligence, only when that negligence was slight in comparison with the negligence of the defendant. The statute says this comparison is made without disclosing any percentage of the plaintiff’s fault by special interrogatory, notwithstanding Woods v. City of Crooks. An excess evaluation that starts with a percentage allocation is using a method the damages statute tells the court not to put in front of the jury. ²
A written non-operation certification can strip liability coverage
Section 32-35-70 says the policy may exclude liability coverage if the policyholder certifies in writing that the vehicle will not be operated during the policy period. It may also exclude or limit coverage under § 58-11-9.3, or for a relative residing in the named insured’s household. An umbrella that follows the auto policy follows those exclusions. Ask whether a non-operation certification or a resident-relative limitation is on the policy that will be scheduled. ¹
Division of Insurance approval is part of compliance
The statute says that if the policy complies with Title 58’s filing and form requirements and has been approved by the Division of Insurance, the driver and owner have complied with chapter 32-35. A surplus-lines or out-of-state form that was never approved is not, under that sentence, the compliance path. Ask the auto carrier for the approval status of the form the umbrella will sit above. ¹

Providers With South Dakota License Records

These providers publish a national listing for Umbrella and excess liability; the license records below name the licensed entities and roles. 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.

Corgi
Insurance producer · checked 2026-09-28
Corgi Insurance Services, Inc.
Corgi’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
Corgi lists commercial umbrella liability insurance.
TechInsurance
Insurance producer · checked 2026-09-28
Specialty Program Group LLC
TechInsurance’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
TechInsurance arranges commercial umbrella insurance for small businesses.
Vouch
Insurance producer, Surplus-lines broker · checked 2026-09-28
Vouch Specialty Insurance Services, LLC
Vouch’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
Vouch lists umbrella among core coverages for technology companies.

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

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint

Surplus-Lines Tax and Stamping Office in South Dakota

Reported tax rate. 2.5% of premium; commercial property adds 0.175% fire tax, inland marine 0.075%; no stamping fee ^6,⁷

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.

Questions to Ask Before You Buy Umbrella and Excess Liability in South Dakota

Is the owner’s policy approved by the Division of Insurance at $25,000/$50,000/$25,000?
Is there a written certification that the vehicle will not be operated, or a resident-relative limitation?
Was the plaintiff’s negligence slight in comparison with the defendant’s, which is the section 20-9-2 test?

Umbrella and Excess Liability Insurance in South Dakota: FAQ

What amounts must a South Dakota owner’s liability policy provide?

SDCL 32-35-70 requires $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for property of others, exclusive of interest and costs. ¹

Does any claimant negligence bar a South Dakota recovery?

Only if it was not slight in comparison with the defendant’s negligence. When it was slight, SDCL 20-9-2 reduces damages in proportion to the plaintiff’s negligence and directs that the comparison be made without a special interrogatory disclosing a percentage of the plaintiff’s fault. ²

Sources for Umbrella and Excess Liability Insurance in South Dakota

1
SDCL 32-35-70, Owner’s policy conditions and amounts. South Dakota Legislative Research Council; Limits of $25,000/$50,000 bodily injury or death and $25,000 property; Division of Insurance approval; non-operation certification. Accessed 2026-09-29.
2
SDCL 20-9-2, Comparative negligence. South Dakota Legislative Research Council; SL 1998, ch. 125: recovery when the plaintiff’s negligence was slight; no special interrogatory disclosing a percentage of plaintiff’s fault. 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.

South Dakota Umbrella and Excess Liability Guide

What Is Umbrella and Excess Liability Insurance?

South Dakota Umbrella and Excess Liability Insurance Requirements

What to Watch for With Umbrella and Excess Liability in South Dakota

Recovery turns on whether the plaintiff’s negligence was slight

A written non-operation certification can strip liability coverage

Division of Insurance approval is part of compliance

Providers With South Dakota License Records

Corgi

TechInsurance

Vouch