S.D. Supreme Court Accepts Certified Question Over Insurance Liquidation Statute

Mealey's (July 13, 2021, 1:45 PM EDT) -- SIOUX FALLS, S.D. — The same day the South Dakota Supreme Court accepted certification of a question involving the state’s insurance liquidation statute in a lawsuit in which the liquidator of ReliaMax Surety Co. (RSC) seeks a declaration that coverage exists under a claims-made excess insurance policy above a directors and officers (D&O) policy for a $21 million wrongful acts claim, a federal judge in South Dakota on June 28 denied without prejudice the liquidator’s motion for judgment on the pleadings and alternative motion for summary judgment and the insurer’s motion for summary judgment to refile after the South Dakota high court rules on the certified question....