Oklahoma § 17-327.5 - Indemnity Fund claim payments - Subrogation

§ 17-327.5. Indemnity Fund claim payments - Subrogation

A. Payment of any claim from the Indemnity Fund shall be

subject to the Indemnity Fund acquiring by subrogation the right to

recover from any person any amounts paid by the Indemnity Fund to or

on behalf of any eligible person which may be determined to be

fraudulent, reimbursable by other sources, or excessive. The

Administrator shall bring an action on behalf of the Indemnity Fund

to recover any such monies in the district court where the property

is located or where the person from whom recovery is sought resides.

The prevailing party in such cases shall be entitled to recover

interest, costs of the action and attorney fees. Costs of the

action shall include filing fees, administrative costs, witness fees

and expenses related to the proceeding.

B. The Administrator is authorized to represent and protect the

Indemnity Fund in any state or federal judicial or administrative

proceeding.

C. Any person who is a party to a lawsuit and who may request

any payment or reimbursement payable from the Indemnity Fund as a

result of such lawsuit shall notify the Administrator upon being

served with notice of the lawsuit. The Administrator is authorized

to establish and enforce such third-party claim requirements as are

necessary to implement and comply with the provisions of this

section.

Added by Laws 2018, c. 27, § 29, eff. Nov. 1, 2018.