1. In the event of payment under uninsured or underinsured motorist coverage, the insurer making payment to the extent of the payment is entitled to the proceeds of any agreement, settlement, or judgment resulting from the exercise of any rights of recovery of such insured for compensatory damages or be entitled to exercise a right of subrogation against any person or organization legally responsible for the bodily injury, sickness, disease, or death for which such payment is made. 2. No insurer providing underinsured motorist coverage has a right of subrogation against an underinsured motorist if the insurer has been provided with a written notice in advance of an agreement, settlement, or judgment between its insured and the underinsured motorist, and the insurer fails to advance a payment to the insured in an amount equal to the tentative agreement or settlement within thirty days following receipt of such notice. An insurer advancing such payment has full rights of subrogation. 3. If an insurer makes payment under uninsured or underinsured motorist coverages because of an insurer insolvency, as defined in section 26.1-42.1-02, the paying insurer's rights of reimbursement and subrogation do not include any rights of recovery against the insured of the insolvent insurer or against the North Dakota guaranty fund, except for the amount that is in excess of the limits of liability of the policy of the insolvent insurer.
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