South Dakota § 34A-13-9.2 - Subrogation of fund--Right to recover.
Full text of South Dakota South Dakota Codified Laws § 34A-13-9.2 — Subrogation of fund--Right to recover., with citation guidance and answers to common questions.
§ 34A-13-9.2. Subrogation of fund--Right to recover.
The fund shall be subrogated to any insurer, risk retention group, or third-party payor. The fund has the right to recover, under any pollution liability insurance contract available to a covered party, any applicable contract involving the covered party, or from any tort-feasor liable to a covered party for a release or an intentional release, or any third-party payor and that right may not be waived by contract. In any action by the fund to recover under this section, the fund may recover all its costs and, in the discretion of the court, its reasonable attorney's fees involved in the action provided demand for payment has been made at least thirty days prior to commencement of an action. Demand for payment under this section shall stay the running of any statute of limitations for thirty days. This section applies to any claim filed after April 1, 1988.
Source: SL 1990, ch 292, § 5; SL 1992, ch 260, § 12.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34A-13-9.2
What does South Dakota Codified Laws § 34A-13-9.2 cover?
Section 34A-13-9.2 ("Subrogation of fund--Right to recover.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 34A-13-9.2?
A common citation format is "South Dakota Codified Laws § 34A-13-9.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 34A-13-9.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.