Section 58-11-9.6 - Subrogation of insurer--Assignment of judgment--Liability issuer allowed to paylimits under policy. - South Dakota Statutes

58-11-9.6. Subrogation of insurer--Assignment of judgment--Liability issuer allowed to pay limits under policy. The issuer of the underinsured motorist coverage is subrogated to any amounts the insurer so pays and, upon payment, has an assignment of the judgment against the other party to the extent of the money paid. Refusal of the issuer of the underinsured motorist coverage to waive its statutory right of subrogation does not constitute bad faith. A liability insurer may pay the limits of the liability policy it issued without obtaining a complete release on behalf of its insured. Such payment does not abrogate any continuing duty to defend and does not constitute bad faith.

Source: SL 1975, ch 315, § 3; SL 1988, ch 395; SL 1989, ch 425.