56-3-11. Defense by indemnitor of actions against indemnified--Right of person indemnified to conduct defense.
Unless a contrary intention appears, the person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity; but the person indemnified has the right to conduct such defenses, if he chooses to do so.
Source: SDC 1939, §31.3107 (4); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (4).
Structure South Dakota Codified Laws
Title 56 - Guaranty, Suretyship and Indemnity
Section 56-3-1 - Indemnity defined.
Section 56-3-2 - Indemnity for a future wrongful act void.
Section 56-3-3 - Indemnity for past wrongful act valid.
Section 56-3-4 - Indemnity extends to acts of agents.
Section 56-3-5 - Agreement to indemnify several persons applies to each.
Section 56-3-6 - Persons indemnifying liable jointly or severally with person indemnified.
Section 56-3-7 - Interpretation of contract of indemnity--Application of rules.
Section 56-3-8 - Indemnity against liability--Recovery by person indemnified.
Section 56-3-10 - Indemnity against claims, demands or liability--Matters embraced in contract.
Section 56-3-15 - Reimbursement of indemnitor.
Section 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable.