Title 33, Chapter 37, Section 39
( 33-37-39)
Whenever a creditor whose claim against an insurer is secured, in
whole or in part, by the undertaking of another person fails to
prove and file that claim, the other person may do so in the
creditor's name, and shall be subrogated to the rights of the
creditor, whether the claim has been filed by the creditor or by the
other person in the creditor's name, to the extent that he
discharges the undertaking. In the absence of an agreement with the
creditor to the contrary, the other person shall not be entitled to
any distribution; however, until the amount paid to the creditor on
the undertaking plus the distributions paid on the claim from the
insurer's estate to the creditor equals the amount of the entire
claim of the creditor. Any excess received by the creditor shall be
held by him in trust for such other person. The term "other person,"
as used in this Code section, is not intended to apply to a guaranty
association or foreign guaranty association. |