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S.D. Codified Laws § 58-29B-56

Time periods in which liquidator may act for or institute action on behalf of insurer

Known as the Insurers Supervision, Rehabilitation, and Liquidation Act

The act spans §§ 58-29B-1 to 58-29B-99 (167 sections).

Applied in 1 court decision — leading case Deiter v. Xl Specialty Ins. Co. (2022)

Most recently applied in Deiter v. Xl Specialty Ins. Co. (August 2022)

Source: SL 1989, ch 436, § 56.

The liquidator may, upon or after an order for liquidation, within two years or such time in addition to two years as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the statute of limitations has not expired at the time of the filing of the petition upon which such order is entered. If, by any agreement, a period of limitation is fixed for instituting a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like, or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act, and where in any such case the period had not expired at the date of the filing of the petition, the liquidator may, for the benefit of the estate, take any such action or do any such act, required of or permitted to the insurer, within a period of one hundred eighty days subsequent to the entry of an order for liquidation, or within such further period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party.

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