21-32-16. Waiver of immunity to extent of insurance coverage--Consent to suit.
To the extent such liability insurance is purchased pursuant to §21-32-15 and to the extent coverage is afforded thereunder, the state shall be deemed to have waived the common law doctrine of sovereign immunity and consented to suit in the same manner that any other party may be sued.
Source: SL 1981, ch 169, §2.
Structure South Dakota Codified Laws
Chapter 32 - Remedies Against The State
Section 21-32-1 - Office of Commissioner of Claims created--Appointment of circuit judge to act.
Section 21-32-2 - Limitation of actions on claims against the state.
Section 21-32-4 - Service of petition on attorney general--Answer and defense by attorney general.
Section 21-32-5 - Time and place fixed for hearing claim--Notice to attorney general.
Section 21-32-6 - Evidence received at hearing on claim--Adjournment of hearing.
Section 21-32-8 - State as defendant in actions involving property.
Section 21-32-11 - Undertaking for costs filed by plaintiff in Supreme Court action.
Section 21-32-13 - Trial of action in Supreme Court.
Section 21-32-15 - Liability insurance--Purchase by state.
Section 21-32-16 - Waiver of immunity to extent of insurance coverage--Consent to suit.
Section 21-32-17 - Immunity of state officers, employees, and agents.
Section 21-32-18 - Service on attorney general required for waiver--Judgment void without service.
Section 21-32-19 - Payment of certain medical and property damage claims against state--Rules.