South Dakota § 34A-13-8.4 Defense costs of certain third-party claims.

South Dakota Statutes

§ 34A-13-8.4 — Defense costs of certain third-party claims.

South Dakota § 34A-13-8.4

Title 34AENVIRONMENTAL PROTECTION

Ch. 34A-11PETROLEUM INSPECTION AND RELEASE COMPENSATION

This text of South Dakota § 34A-13-8.4 (Defense costs of certain third-party claims.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34A-13-8.4 (2026).

Text

In addition to the amounts set forth in this chapter, the department shall provide the defense of third - party claims and all costs related thereto for claims of covered parties arising under this chapter, including attorneys' fees. However, the department may not provide the defense of third - party claims and costs relating thereto, including attorneys' fees, if the coverage limit under this section is exhausted by judgments, settlements, or corrective action costs prior to the commencement of a civil action by the third - party claimant against the covered party.

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In addition to the amounts set forth in this chapter, the department shall provide the defense of third - party claims and all costs related thereto for claims of covered parties arising under this chapter, including attorneys' fees. However, the department may not provide the defense of third - party claims and costs relating thereto, including attorneys' fees, if the coverage limit under this section is exhausted by judgments, settlements, or corrective action costs prior to the commencement of a civil action by the third - party claimant against the covered party.