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- Claims Handling Resources
SOUTH DAKOTA STATE GUIDELINES
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Contents [hide]
- 1 DAMAGES
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2 CLAIMS HANDLING/COVERAGE
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2.1 Claims Handling Under the Unfair Claims Practices Regulations (Statutory Claims Handling Guidelines)
- 2.1.1 Acknowledgement of Claim - Property Vs. General Liability Claims
- 2.1.2 Coverage Position Letter - Property Vs. General Liability Claims
- 2.1.3 Contents of a Denial Letter
- 2.1.4 Reference to Department of Insurance
- 2.1.5 Activities That Constitute Unfair Claims Practice
- 2.1.6 Private Cause of Action for Unfair Claims Practices and Its Repercussions
- 2.2 UM/UIM Insurance Coverage
- 2.3 Stacking of Uninsured Motorist Coverages
- 2.4 Appointment of Independent Counsel To Represent Insured in Event of Conflict of Interest
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2.1 Claims Handling Under the Unfair Claims Practices Regulations (Statutory Claims Handling Guidelines)
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3 LITIGATION
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3.1 Court Structure
- 3.1.1 Types of Courts and Jurisdiction
- 3.1.2 Type of Actions, Jurisdiction and Geographical Limitations
- 3.1.3 Responsive Pleadings and Deadlines
- 3.1.4 Federal courts – Filing restrictions and response deadlines
- 3.1.5 Extensions for Filing Responsive Pleadings
- 3.1.6 Federal Courts v. State Courts - Advantages and Grounds for Transfer
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3.2 Statutes of Limitations
- 3.2.1 Legal Cause of Action and Applicable Limitation
- 3.2.2 Accrual of Statute of LimitationsExceptions to AccrualOther Relevant DetailsCauses of Action Survive DeathCauses of Action that Survive DeathNotice/Service Requirements for Causes Of ActionProper Party to Assert Causes of ActionLimitations on Causes of ActionRole of Estate in ActionComparative NegligenceComparative Negligence and ScopeAllocation of damages, off sets etcJoint and Several LiabilityThird-Party Defendants and Statute of LimitationsWrongful DeathAllowable Types of Causes of ActionAllowable Claimants or ClassStatute of LimitationsCaps on DamagesRelease/Court Approval IssuesRole of Estate in ActionOffers of JudgmentRequirementsTime Limits to RespondSanctions, Failure to Accept and EnforcementArbitrationRequirements, Procedure, Selection of Arbitrators And Enforcement of AwardStatutory V. Voluntary ArbitrationFederal/State Provisions for Type of Damages and Attorney FeesIdentity of the Parties, Notice and Effect of Ruling in Related Cases):
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3.1 Court Structure
LITIGATION
Court Structure
Types of Courts and Jurisdiction
Type of Actions, Jurisdiction and Geographical Limitations
Responsive Pleadings and Deadlines
Federal courts – Filing restrictions and response deadlines
Extensions for Filing Responsive Pleadings
Federal Courts v. State Courts - Advantages and Grounds for Transfer
Statutes of Limitations
Legal Cause of Action and Applicable Limitation
Accrual of Statute of LimitationsExceptions to Accrual
Other Relevant Details
Causes of Action Survive Death
Causes of Action that Survive Death
Notice/Service Requirements for Causes Of Action
Proper Party to Assert Causes of Action
Limitations on Causes of Action
Role of Estate in Action
Comparative Negligence
Comparative Negligence and Scope
Allocation of damages, off sets etc
Joint and Several Liability
Third-Party Defendants and Statute of Limitations
Wrongful Death
Allowable Types of Causes of Action
Allowable Claimants or Class
Statute of Limitations
Caps on Damages
Release/Court Approval Issues
Role of Estate in Action
Offers of Judgment
Requirements
Time Limits to Respond
Sanctions, Failure to Accept and Enforcement
Arbitration
Requirements, Procedure, Selection of Arbitrators And Enforcement of Award
Statutory V. Voluntary Arbitration
Federal/State Provisions for Type of Damages and Attorney Fees
Identity of the Parties, Notice and Effect of Ruling in Related Cases
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