The director of the Division of Insurance may authorize a lower score than the Flesch Reading Ease Score required in § 58-11A-3 whenever, in his sole discretion, he finds that a lower score will provide a more accurate reflection of the readability of a policy form, is warranted by the nature of a particular policy form or type or class of policy forms or is caused by certain policy language which is drafted to conform to the requirements of any state law, regulation, or agency interpretation.
SDCL 58-11A-6