58-20-12. Policy insuring against employers' liability other than workers' compensation--Required provisions--Liability of insurer--Actions for recovery.
Every policy written insuring against the liability of employers for personal injuries, other than payment of compensation under the provisions of the title, Workers' Compensation, shall contain provisions to the effect that the insurer shall be directly liable to the injured party, and, in the event of his death, to the party entitled to sue therefor, to pay him the amount of damages for which such insured is liable. Such injured party, or, in the event of his death, the party entitled to sue therefor, in his suit against the insured, may join the insurer as a defendant, in which case judgment shall bind either or both the insured and the insurer, or such injured party, or in the event of his death, the party entitled to sue therefor, after having obtained judgment against the insured alone, may proceed on such judgment in a separate claim against such insurer; but payment of such liability, in whole or in part, by either the insured or the insurer shall, to the extent thereof, be a bar to recovery against the other of the amount so paid. In no case shall the insurer be liable for damages beyond the face amount of the policy.
Source: SL 1966, ch 111, ch 29, §12.
Structure South Dakota Codified Laws
Chapter 20 - Workers' Compensation Insurance
Section 58-20-1 - Definition of terms.
Section 58-20-2 - Policies subject to chapter.
Section 58-20-3.1 - Premiums based on certain wages prohibited.
Section 58-20-4 - Separate coverage of workers' compensation liabilities.
Section 58-20-10 - Notice to either employer or insurer--Required policy provision.
Section 58-20-11 - Provision relieving insurer from payment on insolvency of insured prohibited.
Section 58-20-13 - Form of insurance to be approved before issuance--Ruling subject to appeal.
Section 58-20-14 - Cancellation of policy--Notice of intention to cancel--Service on employer.
Section 58-20-16 - Reinsurance reserve--Amount required.
Section 58-20-20 - Annual statement--Inclusion of experience schedule.
Section 58-20-22 - Premium reductions and premium increases for certain insurers.
Section 58-20-23 - Liability for indemnity compensation or medical loss defined.
Section 58-20-24 - Policy to provide medical services and health care.
Section 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.
Section 58-20-26 - Electric utilities authorized to form self-insurance associations.
Section 58-20-27 - Application for self-insurance association--Form.
Section 58-20-28 - Requirements to obtain self-insurance certificate.
Section 58-20-29 - Granting self-insurance application--Revocation.
Section 58-20-30 - Examination of self-insurance association's activities and records.
Section 58-20-31 - Promulgation of rules governing self-insurance associations.
Section 58-20-32 - Voluntary termination of participation in self-insurance association.
Section 58-20-33 - Involuntary termination of membership in self-insurance association.
Section 58-20-35 - Annual report of affairs of self-insurance associations.
Section 58-20-36 - Dissolution of self-insurance association to be approved by department.
Section 58-20-37 - Deficiency of self-insurance associations made up by members.
Section 58-20-38 - Revocation of self-insurance association's certificate.
Section 58-20-39 - Self-insurance association not an insurance company.
Section 58-20-40 - Proceedings or investigations by department.