South Dakota § 58-8-16 - Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff.
Full text of South Dakota South Dakota Codified Laws § 58-8-16 — Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff., with citation guidance and answers to common questions.
§ 58-8-16. Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff.
In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
Source: SL 1966, ch 111, ch 12, § 10.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 58-8-16
What does South Dakota Codified Laws § 58-8-16 cover?
Section 58-8-16 ("Vexatious refusal by unauthorized foreign or alien insurer to make payment--Attorney fees of plaintiff.") 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 § 58-8-16?
A common citation format is "South Dakota Codified Laws § 58-8-16" (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 § 58-8-16 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.