If an employer denies coverage of a claim for any reason under this Title or any reason permissible under Title 58, such injury is presumed to be nonwork related for other insurance purposes, and any other insurer covering bodily injury or disease of the injured employee shall pay according to the policy provisions. If coverage is denied by an insurer without a full explanation of the basis in the insurance policy in relation to the facts or applicable law for denial, the director of the Division of Insurance may determine such denial to be an unfair practice under chapter 58-33. If it is later determined that the injury is compensable under this Title, the employer shall immediately reimburse the parties not liable for all payments made, including interest at the category B rate specified in § 54-3-16.
S.D. Codified Laws § 62-1-1.3
Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries
Applied in 6 court decisions — leading case Bertelsen v. Allstate Insurance Co. (2011)
Most recently applied in Milbrandt v. Bibb's, Inc. (April 2015)
Source: SL 1995, ch 297, § 7; SL 1997, ch 302, § 1; SL 2013, ch 259, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.