Title 56 — GUARANTY, SURETYSHIP AND INDEMNITY

Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of some other person. Source: SDC 1939, § 31.3101; repealed SL 1966, ch 111 , § 5; re-enacted SL 1967, ch 235 , § 1.

Unless a contrary intention appears, an indemnity against claims or demands, or liability, expressly, or in other equivalent terms, embraces the costs of defense against such claims, demands, or liability incurred in good faith, and in the exercise of reasonable discretion. Sourc…

Unless a contrary intention appears, the person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity; but the person indemnified has the right to conduct such d…

If, after request, the person indemnifying neglects to defend the person indemnified, unless a contrary intention appears, a recovery against the latter suffered by him in good faith, is conclusive in his favor against the former. Source: SDC 1939, § 31.3107 (5); repealed SL 1966…

If the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive evidence against the…

A stipulation that a judgment against the person indemnified shall be conclusive upon the person indemnifying, is inapplicable, unless a contrary intention appears, if the person indemnified had a good defense upon the merits, which, by want of ordinary care, he failed to establi…

Where one, at the request of another, engages to answer in damages whether liquidated or unliquidated, for any violation of duty on the part of the latter, he is entitled to be reimbursed in the same manner as a surety for whatever he may pay. Source: SDC 1939, § 31.3108; repeale…

Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision: The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of: (1) The prepa…

Any indemnification provision in a construction contract in conflict with § 56-3-16 shall be unlawful and unenforceable. Source: SL 1972, ch 256 , § 2.

A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating co…

An agreement to indemnify a person against an act thereafter to be done, is void if the act be known by such person at the time of doing it to be unlawful. This section shall only apply to an unlawful act that involves moral turpitude. Source: SDC 1939, § 31.3102; repealed SL 196…

An agreement to indemnify a person against an act already done is valid, even though the act was known to be wrongful, unless it was a felony. Source: SDC 1939, § 31.3103; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 3.

An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of his agents. Source: SDC 1939, § 31.3104; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 4.

An agreement to indemnify several persons applies to each, unless a contrary intention appears. Source: SDC 1939, § 31.3105; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 5.

One who indemnifies another against an act to be done by the latter, is liable jointly with the person indemnified, and separately to every person injured by such act. Source: SDC 1939, § 31.3106; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 6.

In the interpretation of a contract of indemnity, the rules set forth in §§ 56-3-8 to 56-3-15 , inclusive, are to be applied, unless a contrary intention appears. Source: SDC 1939, § 31.3107; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 7.

Upon an indemnity against liability, expressly, or in other equivalent terms, unless a contrary intention appears, the person indemnified is entitled to recover upon becoming liable. Source: SDC 1939, § 31.3107 (1); repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , §…

Upon an indemnity against claims or demands, or damages or costs expressly, or in equivalent terms, unless a contrary intention appears, the person indemnified is not entitled to recover without payment thereof. Source: SDC 1939, § 31.3107 (2); repealed SL 1966, ch 111 , § 5; re …