Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-29A-94 Duplicate coverage by insolvent insurers--Factors governing primary recovery
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Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured except that if it is a first - party claim for damage to property with a p…
SDCL § 58-29A-95 Subrogation of association to rights of claimant
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Any person recovering under this chapter shall be deemed to have assigned that person's rights under the policy to the association to the extent of any recovery from the association. Every insured or claimant seeking the protection of this chapter shall cooperate with the associa…
SDCL § 58-29A-96 Restrictions on liability of insured to association
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The association has no cause of action against the insured of the insolvent insurer for any sums it has paid out, except such causes of action as the insolvent insurer would have had if the sums had been paid by the insolvent insurer and except as provided in §
SDCL § 58-29A-97 Liability of insureds for unpaid assessments
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In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the association may not operate to reduce the liability of insureds to the receiver, liquidator, or statutory successor for unpaid assessments. Source: SL 2000, ch 247 , § 44.
SDCL § 58-29A-98 Settlements by association binding on successor of insolvent insurer--Priority of claim and expenses
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The receiver, liquidator, or statutory successor of an insolvent insurer is bound by determinations of covered claim eligibility under this chapter and by settlements of claims made by the association or a similar organization in another state. The court having jurisdiction shall…
SDCL § 58-29A-99 Association's statements of claims paid filed with receiver or liquidator
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The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association which shall preserve the rights of the association against the assets o…