South Dakota Codified Laws 34A-13-8.4. Defense costs of certain third-party claims
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In addition to the amounts set forth in this chapter, the board 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 board 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.
Source: SL 1992, ch 260, § 8.