South Dakota § 34A-13-10 Avoidance of liability by conveyance or agreement prohibited--Exceptions.

South Dakota Statutes

§ 34A-13-10 — Avoidance of liability by conveyance or agreement prohibited--Exceptions.

South Dakota·Title 34A ENVIRONMENTAL PROTECTION·Ch. 34A-11 PETROLEUM INSPECTION AND RELEASE COMPENSATION

No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement. However, the provisions of this chapter do not:

(1)Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability;

(2)Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or (3) Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.

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No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement. However, the provisions of this chapter do not: (1) Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability; (2) Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or (3) Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.

South Dakota § 34A-13-10 (Avoidance of liability by conveyance or agreement prohibited--Exceptions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.