Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.

1. Law
2. South Dakota Codified Laws
3. Public Officers and Employees
4. Liability Coverage Program For Public Entities
5. Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.

3-22-7. Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.

PEPL may pay a covered claim established by judgment or negotiated settlement as provided in the coverage document and which is not barred or avoidable through sovereign immunity or other substantive law. No employee is subject to personal liability for any covered claim in excess of the coverage provided by PEPL. The PEPL shall be fully subrogated to any right of recovery a state entity or employee may be entitled to, associated with any claim paid pursuant to this section.

Source: SL 1986, ch 413, §7; SL 1987, ch 40, §5; SL 2010, ch 24, §5.

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