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1. Recovery from the fund is limited to payment of the following, exclusive of costs:
a. Ten thousand dollars for bodily injury, including death, of one person in any one accident.
b. Twenty thousand dollars for bodily injury, including death, of two or more persons in any one accident.
2. The amount authorized to be paid must be within the limits provided by this section, and must be determined as follows:
a. If the judgment creditor has effected collection of a portion of the judgment from any source, except as provided for in subdivisions b and c, the fund is authorized to pay the creditor the difference between the amount collected and the amount of the judgment, or ten thousand dollars, whichever is smaller. If the judgment creditor has collected an amount equal to the limits payable from the fund from the insurance or nonexempt assets of the judgment debtor, then the creditor is precluded from recovery from the fund.
b. If the judgment creditor has effected collection of a portion of the judgment from payment from workforce safety and insurance, then the amount collected from that source must be subtracted from the judgment before the procedure outlined in subdivision a is followed.
c. If the judgment creditor was covered by an uninsured motorist insurance policy at the time of the accident, then the maximum liability limit of that policy must first be subtracted from the judgment before the procedure outlined in subdivision a is followed. If the maximum liability limit of the policy is equal to the limits payable from the fund, then no recovery from the fund is allowed.
3. The right of any person to recover from the unsatisfied judgment fund is not assignable and subrogation of the right is not allowed.
Cite this article: FindLaw.com - North Dakota Century Code Title 26.1. Insurance § 26.1-23-08. Limitation on amount payable from fund--Nonassignable - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-26-1-insurance/nd-cent-code-sect-26-1-23-08/
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