§ 58-29A-90 Stay of default proceedings against insolvent insurer--Setting aside of prior proceedings.

SD Codified L § 58-29A-90 (2019) (N/A)

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58-29A-90. Stay of default proceedings against insolvent insurer--Setting aside of prior proceedings. Any proceeding in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall, subject to waiver by the association in specific cases involving covered claims, be stayed until the last day fixed by the court for the filing of claims and such additional time thereafter as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in the state, whichever is later, to permit proper defense by the association of all pending causes of action. As to any covered claims arising from a judgment under any decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured, the association, either on its own behalf or on behalf of such insured, may apply to have the judgment, order, decision, verdict, or finding set aside by the same court or administrator that made the judgment, order, decision, verdict, or finding and shall be permitted to defend against the claim on the merits.

Source: SL 2000, ch 247, § 37.

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§ 58-29A-89 Statement of members' premiums furnished to association.

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§ 58-29A-91 Suspension or revocation of certificate of authority for failure to pay assessment or comply with plan--Fine as alternative.