32-35-74. Policies subject to particular provisions of law.
Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(1)The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of said policy shall defeat or void said policy;
(2)The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage;
(3)The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in §32-35-70;
(4)The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.
Source: SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (6).
Structure South Dakota Codified Laws
Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators
Section 32-35-1 - Definition of terms.
Section 32-35-2 - Proof of financial responsibility for the future defined.
Section 32-35-43.1 - Renewal of privileges only upon proof of financial responsibility for future.
Section 32-35-45 - Suspension not required--Furnishing proof of financial responsibility for future.
Section 32-35-46 - Suspension not required--Government vehicles.
Section 32-35-47 - Duration of suspension--Future proof of financial responsibility.
Section 32-35-47.1 - Fee for reinstatement of suspended license.
Section 32-35-50 - Failure to pay judgment--Forwarding copy of judgment to department.
Section 32-35-51 - Nonresident judgment debtor--Copy forwarded to state of residence.
Section 32-35-52 - Suspension of license for failure to pay judgment.
Section 32-35-53 - Suspension not required for government vehicles.
Section 32-35-54 - Consent of judgment creditor to nonsuspension--Default in payment of judgment.
Section 32-35-55 - Suspension not required when insurer is liable--Failure of insurer to pay.
Section 32-35-56 - Judicial determination that insurer is not liable.
Section 32-35-59 - Amount sufficient to satisfy judgment--Judgment deemed satisfied.
Section 32-35-60 - Payment of judgment in installments--Order permitting installments.
Section 32-35-62 - Failure to pay installments--Suspension of licenses.
Section 32-35-63 - Vehicles unregisterable absent proof of financial responsibility.
Section 32-35-64 - Methods for furnishing proof of financial responsibility.
Section 32-35-65 - Certificate by insurance carrier as proof--Contents of certificate.
Section 32-35-67 - Default by nonresident insurer.
Section 32-35-68 - Motor vehicle liability policy defined.
Section 32-35-69 - Conditions of owner's policy--Description of vehicles.
Section 32-35-71 - Conditions of operator's policy--Nonowned vehicles--Limits of liability.
Section 32-35-72 - Contents of policies.
Section 32-35-73 - Workers' compensation coverage unnecessary.
Section 32-35-74 - Policies subject to particular provisions of law.
Section 32-35-75 - Excess or additional coverage not affected.
Section 32-35-76 - Permissive provisions in policy--Indemnification clause.
Section 32-35-77 - Permissive provisions--Other insurance prorated.
Section 32-35-78 - Permissive provisions--Concurrent insurance.
Section 32-35-79 - Binder as fulfilling requirements.
Section 32-35-81 - Other automobile policies unaffected.
Section 32-35-82 - Employers' policies unaffected.
Section 32-35-84 - Bond as lien on surety's property--Extent of lien--Recording of notice.
Section 32-35-85 - Recordation procedure--Fee for recordation--Disposition of fee.
Section 32-35-86 - Suit on bond of defaulting debtor--Foreclosure of lien--Procedure.
Section 32-35-90 - Proof of financial responsibility by self-insurer--Certificate of self-insurance.
Section 32-35-92 - Cancellation of certificate of self-insurance--Grounds--Failure to pay judgment.
Section 32-35-93 - Substitution of forms of proof of financial responsibility.
Section 32-35-96 - Conditions under which waiver or return of proof not permitted.
Section 32-35-97 - Reapplication for license after return of proof--Conditions.
Section 32-35-98 - Duty of departments to administer provisions of chapter--Rules.
Section 32-35-99 - Persons aggrieved by orders of departments--Consideration of information.
Section 32-35-100 - Forms necessary for purposes of chapter.
Section 32-35-101.1 - Department to provide driving records of policyholders to insurance companies.
Section 32-35-102 - Departments orders subject to contested case provisions.
Section 32-35-103 - Inadmissibility of reports--Admissibility of testimony of investigating officer.
Section 32-35-104 - Surrender of license or registration.
Section 32-35-105 - Insurance required by other statutes unaffected.
Section 32-35-107 - Other processes of law unaffected by chapter.
Section 32-35-108 - Construction of chapter.
Section 32-35-109 - Giving forged or unauthorized proof as misdemeanor.
Section 32-35-110 - Driving after suspension of license or registration as misdemeanor.
Section 32-35-113 - Maintenance of financial responsibility--Violation as misdemeanor.
Section 32-35-114 - Evidence of financial responsibility when detained for a suspected violation.
Section 32-35-115 - What constitutes evidence of financial responsibility.
Section 32-35-119 - Written evidence of insurance--Electronic copy as written evidence.
Section 32-35-120 - Giving of false evidence of financial responsibility as misdemeanor.
Section 32-35-121 - Suspension of license as penalty for violation of 32-35-113 or 32-35-120.