An insurer paying a claim under the uninsured motorist provision required by Section 38-77-150 is subrogated to the rights of the insured to whom the claim was paid against any and every person causing the injury, death, or damage to the extent that payment was made. However, the insurer shall pay its proportionate part of any reasonable costs and expenses incurred in connection with any recovery, including reasonable attorneys' fees.
HISTORY: Former 1976 Code Section 56-9-870 [1962 Code Section 46-750.36; 1963 (53) 526] recodified as Section 38-77-190 by 1987 Act No. 155, Section 1.