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S.D. Codified Laws § 58-12-2

Acts of insurer not constituting waiver of policy provision or defense

Applied in 2 court decisions — leading case Federal Deposit Insurance Corporation Fsb v. Hartford Accident and Indemnity Company (1996)

Most recently applied in Federal Deposit Insurance Corporation Fsb v. Hartford Accident and Indemnity Company (October 1996)

Source: SL 1966, ch 111, ch 22, § 30.

Without limitation of any right or defense of an insurer, none of the following acts by an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:

(1) Acknowledgment of the receipt of notice of loss or claim under the policy;

(2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss or receiving or acknowledging receipt of any such forms or proof completed or uncompleted;

(3) Investigating any loss or claim under any policy.

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