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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 58-29B-83: Conditions creating personal liability to liquidator for amount of preference.

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Where this section sits in the code
  1. TITLE 58. INSURANCE
  2. CHAPTER 58-29B. INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION

Every officer, manager, employee, shareholder, member, subscriber, attorney, or any other person acting on behalf of the insurer who knowingly participates in giving any preference when he has reasonable cause to believe the insurer is or is about to become insolvent at the time of the preference shall be personally liable to the liquidator for the amount of the preference. Reasonable cause may be inferred if the transfer was made within four months before the date of filing of the successful petition for liquidation. Every person receiving any property from the insurer or the benefit thereof as a preference voidable under this section is personally liable therefore and shall be bound to account to the liquidator. Nothing in this section may prejudice any other claim by the liquidator.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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