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Home » US Law » 2022 South Dakota Codified Laws » Title 34A - Environmental Protection » Chapter 13 - Petroleum Inspection And Release Compensation » Section 34A-13-10 – Avoidance of liability by conveyance or agreement prohibited–Exceptions.

34A-13-10. Avoidance of liability by conveyance or agreement prohibited–Exceptions.

No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement.

However, the provisions of this chapter do not:

(1)Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability;

(2)Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or

(3)Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.

Source: SL 1988, ch 290, §10; SL 1992, ch 260, §13.