Section 56-3-12 – Neglect of person indemnifying to defend the person indemnified–Recovery against person indemnified conclusive.
56-3-12. Neglect of person indemnifying to defend the person indemnified–Recovery against person indemnified conclusive. If, after request, the person indemnifying neglects to defend the person indemnified, unless a contrary intention appears, a recovery against the latter suffered by him in good faith, is conclusive in his favor against the former. Source: SDC 1939, §31.3107 (5); […]
Section 56-3-13 – Notice of action or proceedings against indemnified not received by indemnitor–Indemnitor not allowed to control defense–Judgment against indemnitor presumptive evidence.
56-3-13. Notice of action or proceedings against indemnified not received by indemnitor–Indemnitor not allowed to control defense–Judgment against indemnitor presumptive evidence. If the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control […]
Section 56-3-14 – Application of stipulation as to conclusiveness of judgment against person indemnified upon indemnitor.
56-3-14. Application of stipulation as to conclusiveness of judgment against person indemnified upon indemnitor. A stipulation that a judgment against the person indemnified shall be conclusive upon the person indemnifying, is inapplicable, unless a contrary intention appears, if the person indemnified had a good defense upon the merits, which, by want of ordinary care, he […]
Section 56-3-15 – Reimbursement of indemnitor.
56-3-15. Reimbursement of indemnitor. Where one, at the request of another, engages to answer in damages whether liquidated or unliquidated, for any violation of duty on the part of the latter, he is entitled to be reimbursed in the same manner as a surety for whatever he may pay. Source: SDC 1939, §31.3108; repealed SL […]
Section 56-3-16 – Indemnification of architect or engineer for own errors prohibited in construction contract.
56-3-16. Indemnification of architect or engineer for own errors prohibited in construction contract. Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision: The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of: (1)The preparation or approval of […]
Section 56-3-17 – Conflicting provision in construction contract unlawful and unenforceable.
56-3-17. Conflicting provision in construction contract unlawful and unenforceable. Any indemnification provision in a construction contract in conflict with §56-3-16 shall be unlawful and unenforceable. Source: SL 1972, ch 256, §2.
Section 56-3-18 – Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment.
56-3-18. Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment. A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and […]
Section 56-3-5 – Agreement to indemnify several persons applies to each.
56-3-5. Agreement to indemnify several persons applies to each. An agreement to indemnify several persons applies to each, unless a contrary intention appears. Source: SDC 1939, §31.3105; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §5.
Section 56-3-6 – Persons indemnifying liable jointly or severally with person indemnified.
56-3-6. Persons indemnifying liable jointly or severally with person indemnified. One who indemnifies another against an act to be done by the latter, is liable jointly with the person indemnified, and separately to every person injured by such act. Source: SDC 1939, §31.3106; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §6.
Section 56-3-7 – Interpretation of contract of indemnity–Application of rules.
56-3-7. Interpretation of contract of indemnity–Application of rules. In the interpretation of a contract of indemnity, the rules set forth in §§56-3-8 to 56-3-15, inclusive, are to be applied, unless a contrary intention appears. Source: SDC 1939, §31.3107; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7.