Subrogation; exceptions

1. Any person recovering under this chapter shall be deemed to have assigned his or her rights under the policy to the Association to the extent of the person’s recovery from the Association. Every insured or claimant seeking the protection of this chapter shall cooperate with the Association to the same extent as the person would have been required to cooperate with the insolvent insurer. Except: (a) As otherwise provided in subsection 2; and (b) For a cause of action which the insolvent insurer would have had if such sums had been paid by the insolvent insurer, Ê the Association does not have a cause of action against the insured of the insolvent insurer for any sums it has paid out. 2. The Association may recover the amount of money paid: (a) To or on behalf of an insured of an insolvent insurer: (1) If the aggregate net worth of the insured and any affiliate of the insured, as determined on a consolidated basis, is more than $10,000,000 on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer; or (2) If the Association paid the money in error. (b) To any person who is an affiliate of the insolvent insurer. 3. The Association and any association similar to the Association in another state must be recognized as claimants in the liquidation of an insolvent insurer for any amounts paid by them on obligations relating to covered claims as determined under this chapter or similar laws in other states and must receive dividends and any other distributions at the priority set forth in the final order of liquidation. The receiver, liquidator or statutory successor of an insolvent insurer is bound by determinations of eligibility of covered claims under this chapter and by any settlements of covered claims by the Association or a similar organization in another state. The court having jurisdiction shall grant those claims priority equal to that to which the claimant would have been entitled in the absence of this chapter against the assets of the insolvent insurer. The expenses of the Association or similar organization in handling claims must be accorded the same priority as the liquidator’s expenses. 4. The Association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the Association and estimates of anticipated claims on the Association, which statements shall preserve the rights of the Association against the assets of the insolvent insurer. 5. As used in this section, “affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For the purpose of this definition, the terms “owns,” “is owned” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more.