Section 56-3-11 – Defense by indemnitor of actions against indemnified–Right of person indemnified to conduct defense.
56-3-11. Defense by indemnitor of actions against indemnified–Right of person indemnified to conduct defense. Unless a contrary intention appears, the person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity; but the person indemnified has the right […]
Section 56-3-2 – Indemnity for a future wrongful act void.
56-3-2. Indemnity for a future wrongful act void. An agreement to indemnify a person against an act thereafter to be done, is void if the act be known by such person at the time of doing it to be unlawful. This section shall only apply to an unlawful act that involves moral turpitude. Source: SDC […]
Section 56-3-3 – Indemnity for past wrongful act valid.
56-3-3. Indemnity for past wrongful act valid. An agreement to indemnify a person against an act already done is valid, even though the act was known to be wrongful, unless it was a felony. Source: SDC 1939, §31.3103; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §3.
Section 56-3-4 – Indemnity extends to acts of agents.
56-3-4. Indemnity extends to acts of agents. An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of his agents. Source: SDC 1939, §31.3104; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §4.
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 Source: SDC 1939, §31.3105; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §5.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 Source: SDC 1939, §31.3106; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §6.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.
Section 56-3-1 – Indemnity defined.
56-3-1. Indemnity defined. Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of some other person. Source: SDC 1939, §31.3101; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §1.