Adam V. Russo | March 3, 2010
The South Dakota bill would prohibit a subrogated insurer from participating in any recovery for “bodily injury” or “property damage” unless or until the injured party is “made whole”. S.D. Senate bill 169 failed to pass the Senate on February 22, 2010. However, the Senate reconsidered the bill on February 23rd, 2010 which resulted in [...]
Adam V. Russo | February 5, 2010
South Dakota Senate seeks to graft “made whole” into each and every subrogation provision which insurers seek to enforce in the state. The legislature in South Dakota is attempting to amend Title 58-11 of the Insurance Code by adding the following new section:
Adam V. Russo | November 13, 2009
South Dakota’s Senate Bill 26 clarifies that a ruling by an employer that a bill or injury is not work related creates a presumption that the bill or injury is “non-work” related for purposes of any other insurance. An exclusion in an auto, health or disability policy for work related injuries would not apply. If [...]
