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 defenses, if he chooses to do so.
S.D. Codified Laws § 56-3-11
Defense by indemnitor of actions against indemnified--Right of person indemnified to conduct defense
Source: SDC 1939, § 31.3107 (4); repealed SL 1966, ch 111, § 5; re-enacted SL 1967, ch 235, § 7 (4).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.