South Dakota Code § 58-23-3

Tort liability of charitable institution--Insurer estopped from asserting charitable immunity defense
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Each policy issued to cover the liability of any charitable institution for negligence or any other tort shall contain a provision to the effect that the insurer shall be estopped from asserting, as a defense to any claim covered by said policy, that such institution is immune from liability on the ground that it is a charitable institution.

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