South Dakota Code § 58-20-7

Right of employees to enforce liability of insurance carrier--Inclusion of provision in policy
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Every policy of insurance issued by a stock insurer or by a mutual insurer shall contain a provision setting forth the right of the employees to enforce in their own names, either by at any time filing a separate claim or by at any time making the insurance carrier a party to the original claims, the liability of the insurance carrier in whole or in part for the payment of such compensation.

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