South Dakota Statutes
§ 58-23-1 — Action against insurer by injured party where execution returned unsatisfied.
South Dakota § 58-23-1
This text of South Dakota § 58-23-1 (Action against insurer by injured party where execution returned unsatisfied.) 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 § 58-23-1 (2026).
Text
All liability insurance policies issued in this state shall provide in substance that if an execution upon any final judgment in an action brought by the injured or by another person claiming, by, through, or under the injured, is returned unsatisfied, then an action may be maintained by the injured, or by such other person against the insurer under the terms of the policy for the amount of any judgment recovered in such action, not exceeding the amount of the policy, and every such policy shall be construed to so provide, anything in such policy to the contrary notwithstanding.
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Related
Kobbeman v. Oleson
1998 SD 20 (South Dakota Supreme Court, 1998)
Klatt v. Continental Insurance Co.
409 N.W.2d 366 (South Dakota Supreme Court, 1987)
Trouten v. Heritage Mutual Insurance Co.
2001 SD 106 (South Dakota Supreme Court, 2001)
Railsback v. Mid-Century Insurance Co.
2004 SD 64 (South Dakota Supreme Court, 2004)
Kaiser Trucking, Inc. v. Liberty Mutual
981 N.W.2d 645 (South Dakota Supreme Court, 2022)
Anderson v. Haggar
(D. South Dakota, 2024)
Deiter v. XL Specialty Insurance Co.
(D. South Dakota, 2020)
Legislative History
SL 1966, ch 111, ch 32, § 2.
Nearby Sections
15
§ 58-1-1
Citation of title.§ 58-1-11
General saving clause.§ 58-1-13
Severability of provisions.§ 58-1-14
Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.§ 58-1-14.1
Notice of refusal to renew--Thirty§ 58-1-16.1
Applicability of §§ 58-1-18
Repealed by SL 2012, ch 252, § 30.§ 58-1-2
Definition of terms.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 58-23-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/58-23-1.