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through subrogation or otherwise. This standing shall extend | | extends to all matters germane to the powers and duties of the | | association, including, but not limited to, proposals for | | reinsuring, modifying or guaranteeing the covered policies or | | contracts and contractual obligations of the impaired or insolvent | | insurer and the determination of the covered policies or contracts | | and contractual obligations. The association also has the right to | | appear or intervene before a court or agency in another state with | | jurisdiction over an impaired or insolvent insurer for which the | | association is or may become obligated or with jurisdiction over | | any person or property against whom the association may have rights | | through subrogation or otherwise. |
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| | | 9. Subrogation rights. Any person receiving benefits under | this chapter shall be is deemed to have assigned his that | | person's rights under, and any causes of action against any | | person for losses arising under, resulting from or otherwise | | relating to, the covered policy or contract to the association to | | the extent of the benefits received because of this chapter | | whether the benefits are payments of or on account of contractual | obligations or, continuation of coverage or provision of | | substitute or alternative coverages. The association may require | | an assignment to it of these rights and cause of action by any | | payee, policy or contract owner, beneficiary, insured or | | annuitant as a condition precedent to the receipt of any rights | | or benefits conferred by this chapter upon that person. The | association shall be is subrogated to these rights against the | | assets of any impaired or insolvent insurer. |
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| | | The subrogation rights of the association under this subsection | shall must have the same priority against the assets of the | | impaired or insolvent insurer as that possessed by the person | | entitled to receive benefits under this chapter. |
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| | | In addition, the association has all common law rights of | | subrogation and any other equitable or legal remedy that would | | have been available to the impaired or insolvent insurer or | | owner, beneficiary or payee of a policy or contract with respect | | to the policy or contract, including without limitation, in the | | case of a structured settlement annuity, any rights of the owner, | | beneficiary or payee of the annuity, to the extent of benefits | | received pursuant to this chapter, against a person originally or | | by succession responsible for the losses arising from the | | personal injury relating to the annuity or payment therefor, | | excepting any such person responsible solely by reason of serving | | as an assignee in respect of a qualified assignment under Section | | 130 of the federal Internal Revenue Code. |
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| | | If the provisions of this subsection are invalid or ineffective | | with respect to any person or claim for any reason, the amount |
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