2005 Idaho Code - 41-2505 — SUBROGATION RIGHTS OF INSURER

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 25
                         CASUALTY INSURANCE CONTRACTS
    41-2505.  SUBROGATION RIGHTS OF INSURER. In the event of payment to an
insured under the coverage required by this section and subject to the terms
and conditions of such coverage, the insurer making such payment shall, to the
extent thereof, be entitled to the proceeds of any settlement or judgment
resulting from the exercise of any rights of recovery of such insured against
any person or organization legally responsible for the bodily injury for which
such payment is made, including the proceeds recoverable from the assets of
the insolvent insurer. Whenever an insurer shall make payment under the
coverage required by this section and which payment is occasioned by an
insolvency, such insurer's right of recovery or reimbursement shall not
include any rights against the insured of said insolvent insurer, but such
paying insurer shall have the right to proceed directly against the insolvent
insurer or its receiver, and in pursuance of such right such paying insurer
shall possess any rights which the insured of the insolvent company might
otherwise have had, if the insured of the insolvent insurer had personally
made the payment.