§ 58-29B-155 — Proof of claims of South Dakota residents--Elections--Procedure.

South Dakota § 58-29B-155

• Jurisdiction: South Dakota
• Title 58: INSURANCE
• Ch. 58-29A: INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION

Text

Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this state. If a claimant elects to prove a claim in this state, the claimant shall file the claim with the liquidator in the manner provided in §§ 58-29B-103 to 58-29B-111 , inclusive. The ancillary receiver shall make a recommendation to the court as under §§ 58-29B-125 and 58-29B-126 . The ancillary receiver shall also arrange a date for hearing if necessary under §§ 58-29B-124 and 58-29B-125 and shall give notice to the receiver, conservator, or liquidator in the domiciliary state, either by registered or certified mail or by personal service at least forty days prior to the date set for hearing. If the domiciliary receiver, conservator, or liquidator, within thirty days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by registered or certified mail or by personal service, of the receiver's intention to contest the claim, the receiver is entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.

Legislative History

SL 1982, ch 28, § 18; SL 1989, ch 436, § 155; SL 2008, ch 271, § 8.