33-30-1102. Notice -- shared costs of third-party action -- limitation.
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/mt/title-33/chapter-30/part-11/33-30-1102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
33-30-1102 . Notice -- shared costs of third-party action -- limitation.
(1)If an insured intends to institute an action for damages against a third party, the insured shall give the health service corporation reasonable notice of the intention to institute the action.
(2)The insured may request that the health service corporation pay a proportionate share of the reasonable costs of the third-party action, including attorney fees.
(3)A health service corporation may elect not to participate in the cost of the action. If that election is made, the health service corporation waives 50% of any subrogation rights granted to it by 33-30-1101 .
(4)The health service corporation's right of subrogation granted in 33-30-1101 may not be enforced until the injured insured has been fully compensated for the insured's injuries.