MATTER OF CERTIFICATION OF QUESTION OF LAW

#29663.

980 N.W.2d 229 (2022)

2022 S.D. 51

In the MATTER OF the CERTIFICATION OF a QUESTION OF LAW FROM the UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH DAKOTA, CENTRAL DIVISION, Pursuant to the Provisions of SDCL 15-24A-1, and Concerning Federal Action Civ. 3:20-cv-03009-RAL, Titled as Follows: Larry Deiter, Director of Insurance of the State of South Dakota, as Liquidator of Reliamax Surety Company, in Liquidation, Plaintiff, v. XL Specialty Insurance Co., Defendant.

Supreme Court of South Dakota.

Opinion Filed August 24, 2022.


Attorney(s) appearing for the Case

STEVEN W. SANFORD , of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, FRANK A. MARNELL , of South Dakota Division of Insurance Pierre, South Dakota, Attorneys for plaintiff.

EDWIN E. EVANS , MARK W. HAIGH , of Evans, Haigh & Hinton, LLP, Sioux Falls, South Dakota, JASON C. REICHLYN , THOMAS J. JUDGE , of Dykema Gossett PLLC, Washington, D.C., Attorneys for defendant.


ORIGINAL PROCEEDING

[¶1.] This matter is before us as two certified questions of law from the United States District Court for the District of South Dakota,1 asking whether SDCL 58-29B-56 provides a state insurance liquidator an additional 180 days to provide notice of a claim under a...

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