56-3-12. Neglect of person indemnifying to defend the person indemnified--Recovery against person indemnified conclusive.
If, after request, the person indemnifying neglects to defend the person indemnified, unless a contrary intention appears, a recovery against the latter suffered by him in good faith, is conclusive in his favor against the former.
Source: SDC 1939, §31.3107 (5); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (5).