Waiver of immunity to extent of risk sharing pool or liability insurance coverage--Volunteer serving as director, officer, or trustee exempt

SDCL § 47-23-32 — under NONPROFIT CORPORATIONS--MEMBERS, DIRECTORS, OFFICERS AND AGENTS.

SDCL § 47-23-32

To the extent that any volunteer, nonprofit corporation, nonprofit organization, governmental entity, or hospital organized pursuant to chapter 34-8 , 34-9 , or 34-10 participates in a risk sharing pool or purchases liability insurance and to the extent that coverage is afforded thereunder, the immunity provided by § 47-23-29 is deemed to have been waived and may not be raised by way of affirmative defense. This section does not apply to a volunteer serving as a director, officer, or trustee. Source: SL 1987, ch 344 , § 5.