North Dakota Code § 26.1-21-16

Suit by party injured by default of public employee or public official -
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Subrogation.
If the payment is paid out of the fund, the fund has a right to recover and is subrogated to 
the right of the judgment creditor to recover against the public employee or public official. The 
office may act for the fund in all proceedings to enforce the right of subrogation in the same 
manner as other parties to civil actions.

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