South Dakota Codified Laws
Chapter 40 - Transportation Network Companies
Section 32-40-20 - Insurer has no duty to defend or indemnify excluded claim.

32-40-20. Insurer has no duty to defend or indemnify excluded claim.
Any motor vehicle insurer that excludes the coverage described in §32-40-8 or 32-40-9 has no duty to defend or indemnify any claim expressly excluded by the policy. Nothing in this chapter invalidates or limits an exclusion contained in a policy including any policy in use or approved for use in this state prior to the enactment of this chapter that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.

Source: SL 2016, ch 167, §20.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 40 - Transportation Network Companies

Section 32-40-1 - Definitions.

Section 32-40-2 - Application requirements for transportation network company drivers.

Section 32-40-3 - Criminal background, sex offender registry, and driving record checks of transportation network company drivers.

Section 32-40-4 - Persons prohibited from acting as transportation network company drivers.

Section 32-40-5 - Zero tolerance policy for drug and alcohol use by transportation network company drivers.

Section 32-40-6 - Personal vehicles to comply with vehicle equipment laws.

Section 32-40-7 - Motor vehicle insurance required covering transportation of riders for compensation.

Section 32-40-8 - Motor vehicle insurance requirements for driver logged on to transportation network company's digital network and available for transportation requests.

Section 32-40-9 - Motor vehicle insurance requirements for driver engaged in prearranged ride.

Section 32-40-10 - Transportation network company to provide coverage where driver's insurance lapsed or insufficient--Duty to defend.

Section 32-40-11 - Prohibited terms of insurance policy maintained by transportation network company.

Section 32-40-12 - Eligible insurers.

Section 32-40-13 - Financial responsibility requirements.

Section 32-40-14 - Proof of coverage required in vehicle--Information to be provided after accident.

Section 32-40-15 - Required transportation network company disclosures to drivers.

Section 32-40-16 - Exclusions permitted in personal motor vehicle insurance policies.

Section 32-40-17 - Construction with financial responsibility law.

Section 32-40-18 - Specific policy language not required for exclusion.

Section 32-40-19 - Primary or excess coverage for transportation network company driver's vehicle permitted.

Section 32-40-20 - Insurer has no duty to defend or indemnify excluded claim.

Section 32-40-21 - Insurer's right of contribution.

Section 32-40-22 - Disclosures required in claims investigations.

Section 32-40-23 - Municipal or county regulation of transportation network companies.