LD 933
pg. 21
Page 20 of 38 PUBLIC Law Chapter 346 Page 22 of 38
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LR 2060
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through subrogation or otherwise. This standing shall extend
extends to all matters germane to the powers and duties of the
association, including, but not limited to, proposals for
reinsuring, modifying or guaranteeing the covered policies or
contracts and contractual obligations of the impaired or insolvent
insurer and the determination of the covered policies or contracts
and contractual obligations. The association also has the right to
appear or intervene before a court or agency in another state with
jurisdiction over an impaired or insolvent insurer for which the
association is or may become obligated or with jurisdiction over
any person or property against whom the association may have rights
through subrogation or otherwise.

 
9. Subrogation rights. Any person receiving benefits under
this chapter shall be is deemed to have assigned his that
person's rights under, and any causes of action against any
person for losses arising under, resulting from or otherwise
relating to, the covered policy or contract to the association to
the extent of the benefits received because of this chapter
whether the benefits are payments of or on account of contractual
obligations or, continuation of coverage or provision of
substitute or alternative coverages. The association may require
an assignment to it of these rights and cause of action by any
payee, policy or contract owner, beneficiary, insured or
annuitant as a condition precedent to the receipt of any rights
or benefits conferred by this chapter upon that person. The
association shall be is subrogated to these rights against the
assets of any impaired or insolvent insurer.

 
The subrogation rights of the association under this subsection
shall must have the same priority against the assets of the
impaired or insolvent insurer as that possessed by the person
entitled to receive benefits under this chapter.

 
In addition, the association has all common law rights of
subrogation and any other equitable or legal remedy that would
have been available to the impaired or insolvent insurer or
owner, beneficiary or payee of a policy or contract with respect
to the policy or contract, including without limitation, in the
case of a structured settlement annuity, any rights of the owner,
beneficiary or payee of the annuity, to the extent of benefits
received pursuant to this chapter, against a person originally or
by succession responsible for the losses arising from the
personal injury relating to the annuity or payment therefor,
excepting any such person responsible solely by reason of serving
as an assignee in respect of a qualified assignment under Section
130 of the federal Internal Revenue Code.

 
If the provisions of this subsection are invalid or ineffective
with respect to any person or claim for any reason, the amount


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