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 Source: SDC 1939, §31.3105; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §5.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 Source: SDC 1939, §31.3106; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §6.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 Source: SDC 1939, §31.3107; repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7.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 56-3-8 – Indemnity against liability–Recovery by person indemnified.
56-3-8. Indemnity against liability–Recovery by person indemnified. Upon an indemnity against liability, expressly, or in other equivalent terms, unless a contrary intention appears, the person indemnified is entitled to recover upon becoming liable. Source: SDC 1939, §31.3107 (1); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (1).
Section 56-3-9 – Indemnity against claims, demands or damages–Recovery by person indemnified, payment required.
56-3-9. Indemnity against claims, demands or damages–Recovery by person indemnified, payment required. Upon an indemnity against claims or demands, or damages or costs expressly, or in equivalent terms, unless a contrary intention appears, the person indemnified is not entitled to recover without payment thereof. Source: SDC 1939, §31.3107 (2); repealed SL 1966, ch 111, §5; […]
Section 56-3-10 – Indemnity against claims, demands or liability–Matters embraced in contract.
56-3-10. Indemnity against claims, demands or liability–Matters embraced in contract. Unless a contrary intention appears, an indemnity against claims or demands, or liability, expressly, or in other equivalent terms, embraces the costs of defense against such claims, demands, or liability incurred in good faith, and in the exercise of reasonable discretion. Source: SDC 1939, §31.3107 […]
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 56-3-1 – 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.