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Automobile Insurance Subrogation: In All 50 States - Hardcover
Automobile Insurance Subrogation: In All 50 States - Electronic
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§ 4.42 SOUTH DAKOTA
§ 4.42[1] Subrogation Rights
South Dakota recognizes both the contractual and equitable right
of subrogation.1 In addition, South Dakota allows an insurer to seek
subrogation for payments made under its insurance policy.2
South Dakota also recognizes an insurer's right to seek
reimbursement when the insurer pays only a portion of the insured's
loss, leaving the tortfeasor to "make good" to the insured.3 In that
case, the cause of action for the entire loss remains in the insured,
which becomes a trustee and holds the amount of recovery, to the
extent of benefits paid, for the insurer's use and benefit.4 This rule is
founded on the principle that the wrongful act was single and
indivisible, and gives rise to but one liability. Upon this theory, the
splitting of causes of action is avoided and the wrongdoer is not
subjected to a multiplicity of suits.5 A subrogating insurer is not a
necessary party to a subrogation action.6 South Dakota law makes
specific provisions for inclusion of subrogation rights in healthcare
benefit contracts.7
Clauses in insurance policies entitling insurers to subrogation do
not constitute assignments of claim for personal injuries precluded by
statute.8
§ 4.42[2] Automobile Insurance Coverage
South Dakota law requires each vehicle registered in the state to be
insured against loss from the liability imposed by law for damages
arising out of the ownership, maintenance, or use of the vehicle or
vehicles within the United States or the Dominion of Canada.9
Liability Coverage. An automobile insurance policy must provide
coverage with respect to each insured vehicle in the minimum
amounts of $25,000 for bodily injury or death of one person in any
one accident, $50,000 because of bodily injury to or death of two or
more persons in any one accident, and $25,000 because of injury to
or the destruction of property of others in any one accident.10
Collision Coverage. Collision coverage is not required in South
Dakota.
Medical Payments (Med Pay) Coverage. Although not required, a
typical policies issued in South Dakota will contain Med Pay
coverage of at least $2,000.
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is also the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 200 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For 25 years, Mr. Wickert has served as an expert witness and insurance consultant on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers' compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers' compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine's "Super Lawyers" for 2005, 2006, and 2007.
