Any boiler inspection required by § 34-29A-7 that is performed by a special inspector authorized pursuant to § 34-29A-6 and conducted incidental to the issuance or renewal of boiler and machinery insurance, may not subject an insurer, its agents, or its employees to any liability for damages for any act or omission in the course of performing the inspection. This section does not apply if the gross negligence of the insurer, its agent, or its employee created the condition that was the proximate cause of the injury, death, or loss.

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Terms Used In South Dakota Codified Laws 34-29A-8.1

  • boiler: includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See South Dakota Codified Laws 34-29A-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Source: SL 2021, ch 154, § 1.