The fund shall be subrogated to any insurer, risk retention group, or third–party payor. The fund has the right to recover, under any pollution liability insurance contract available to a covered party, any applicable contract involving the covered party, or from any tort–feasor liable to a covered party for a release or an intentional release, or any third–party payor and that right may not be waived by contract. In any action by the fund to recover under this section, the fund may recover all its costs and, in the discretion of the court, its reasonable attorney’s fees involved in the action provided demand for payment has been made at least thirty days prior to commencement of an action. Demand for payment under this section shall stay the running of any statute of limitations for thirty days. This section applies to any claim filed after April 1, 1988.

Terms Used In South Dakota Codified Laws 34A-13-9.2

  • Contract: A legal written agreement that becomes binding when signed.
  • Release: is a ny unintentional spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from a tank into the environment occurring in South Dakota, but does not include discharges or designed venting allowed under adopted rules or under federal or state law or discharges arising out of war, invasion, act of a foreign enemy, hostilities, revolution, earthquake, flood, or other catastrophic disaster occurring due to nature. See South Dakota Codified Laws 34A-13-1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Source: SL 1990, ch 292, § 5; SL 1992, ch 260, § 12.

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