§ 26.1-41-18 — Assigned claims plan

North Dakota § 26.1-41-18

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-41: Auto Accident Reparations

Text

1. Basic no-fault insurers authorized to provide basic no-fault benefits in this state shall
organize, participate in, and maintain an assigned claims plan to provide that an
injured person who suffers economic loss and is eligible for basic no-fault benefits
under section 26.1-41-06, other than a person not entitled to benefits under section
26.1-41-07, may obtain basic no-fault benefits through the plan if:
a. Basic no-fault benefits are not applicable to the injury for some reason other than
those specified in section 26.1-41-07; or
b. Basic no-fault benefits applicable to the injury are inadequate to provide the
contracted-for benefits because of financial inability of a basic no-fault insurer to
fulfill its obligations.
Payments made by the assigned claims plan pursuant to this subsection constitute
covered claims under chapter 26.1-42.1.
2. If a claim qualifies for assignment under this section, the assigned claims plan or any
basic no-fault insurer to whom the claim is assigned is subrogated to the rights of the
claimant against any person liable, and against any basic no-fault insurer, its
successor in interest, or substitute legally obligated to provide basic no-fault benefits to
the claimant, for basic no-fault benefits provided by the assignment.
3. The assigned claims plan must contain any rules for the operation of the plan and for
the equitable distribution of costs as may be approved by the commissioner. Any claim
brought through the plan must be assigned to a basic no-fault insurer in accordance
with the rules and the insurer, after assignment, has the rights and obligations it would
have had if prior to the assignment it has issued security providing basic no-fault
benefits applicable to the loss. Any person accepting benefits under this section has
the rights and obligations as that person would have had under security issued to that
person providing basic no-fault benefits.
4. Any person who sustains accidental bodily injury while an occupant in or as a result of
being struck by any motor vehicle is not eligible for benefits under the assigned claims
plan if the person owned a motor vehicle on the date of loss and failed to provide
continuous security for the motor vehicle as required by section 26.1-41-02.

5. Any person who requests suspension of coverage in accordance with section
26.1-41-03 is not ineligible for assigned claims plan benefits while the suspension is in
effect if bodily injury is sustained while an occupant in or as a result of being struck by
a motor vehicle not owned by that person.