Thursday, January 12, 2023

Consumer Advocacy Group Denied Access to SD Division of Insurance records

 

The SD Supreme Court handed down one decision this morning, holding inter alia:

 

  1. Division of Insurance upheld in its denial of Captive Insurance Company records in regard to request made by consumer advocacy group. 

 

SCHUPP v. DIVISION OF INSURANCE, 2023 S.D. 4:  Person located in Maryland requested information from the SD Division of Insurance in regard to the “captive insurers” regulated by the Division.  The Division of Insurance denied the request.  The Office of Hearing Examiners agreed with the Division of Insurance.  The Circuit Court affirmed.  The SD Supreme Court also affirmed.  The Court observed in footnote 1 of the opinion:

 

The underlying purpose for which Schupp requested the records is not developed in the record. [H]is email address suggests he may be affiliated with a  consumer advocacy group.

 

The Court’s decision is unanimous (5-0), with opinion authored by Justice Salter.

 

This decision may be accessed at

 

http://ujs.sd.gov/Supreme_Court/opinions.aspx .