(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 his or her recovery from the association. Every
insured or claimant seeking the protection of this chapter shall
cooperate with the association to the same extent as such person
would have been required to cooperate with the insolvent insurer.
The association shall have no cause of action against the insured
of the insolvent insurer for any sums it has paid out.
(2) The receiver, liquidator, or statutory successor of an
insolvent insurer shall be bound by settlements of covered claims
by the association or a similar organization in another state.
The court having jurisdiction shall grant such claims priority
equal to that 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 shall be accorded the same priority as the
liquidator's expenses.
(3) 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 shall preserve the
right of the association against the assets of the insolvent
insurer.
[2009 c 549 § 7139; 1971 ex.s. c 265 § 9.]