SDCL § 58-24-6: Making of rates--Matters considered.

To determine whether rates are excessive, inadequate, or unfairly discriminatory, the director may consider:

(1) Past and prospective loss experience within this state;

(2) Conflagration and catastrophic hazards;

(3) Reasonable margin for the underwriting profit and contingencies;

(4) Dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;

(5) Past and prospective expenses specially applicable to this state; and

(6) All other relevant factors within and outside this state.

The loss experience shall be on at least the most recent five-year period for which such experience is available. If South Dakota data are not adequate because of insufficient sample size, the director shall consider the loss experience or the expense data, or both, outside this state.