Tschider v. Burtts

(On reassignment).

The only question in this case is: May a subrogated insurer, which has paid claims for bodily injuries under an uninsured motorist clause and secured final judgment against the uninsured financially irresponsible wrongdoer, recover the amount of its judgment, within legal limits, from the Unsatisfied Judgment Fund?

The trial court entered an order directing payment from the Fund, and the Attorney General, on behalf of the Fund, has appealed.

Section 39-17-03, N.D.C.C., in part provides:

Where any person, who is a resident of this state, recovers in any court in this state a…