ARSD 20:06:13:43.02. Determination of suitability

To determine whether the sale or solicitation of policies described in § 20:06:13:43.01 is reasonable, prudent, or in the prospective insured's best interest, the agent, if any, shall examine the totality of the prospective insured's circumstances, including the following: (1) The prospective insured's financial condition, i.e., is the person on a fixed income, premium cost; (2) The prospective insured's need for insurance at the time of sale, i.e., existing policies, insured's finances; and (3) The values, benefits, and costs of the prospective insured's existing insurance program, if any, when compared to the values, benefits, and costs of the recommended policy or policies.