Public-domain · open source

S.D. Codified Laws § 34A-13-10

Avoidance of liability by conveyance or agreement prohibited--Exceptions

Known as the Petroleum Inspection and Release Compensation Act

The act spans §§ 34A-13-1 to 34A-13-9.2 (62 sections).

Source: SL 1988, ch 290, § 10; SL 1992, ch 260, § 13.

No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement.

However, the provisions of this chapter do not:

(1) Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability;

(2) Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or

(3) Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.