In addition to the amounts set forth in this chapter, the department shall provide the defense of third-party claims and all costs related thereto for claims of covered parties arising under this chapter, including attorneys' fees. However, the department may not provide the defense of third-party claims and costs relating thereto, including attorneys' fees, if the coverage limit under this section is exhausted by judgments, settlements, or corrective action costs prior to the commencement of a civil action by the third-party claimant against the covered party.
S.D. Codified Laws § 34A-13-8.4
Defense costs of certain third-party claims
Known as the Petroleum Inspection and Release Compensation Act
The act spans §§ 34A-13-1 to 34A-13-9.2 (62 sections).
Source: SL 1992, ch 260, § 8; SL 2024, ch 146, § 6.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.