N.D. Cent. Code § 26.1-21-16 (2025)
26.1-21-16. Suit by party injured by default of public employee or public official - Subrogation.
If the payment is paid out of the fund, the fund has a right to recover and is subrogated to the right of the judgment creditor to recover against the public employee or public official. The office may act for the fund in all proceedings to enforce the right of subrogation in the same manner as other parties to civil actions.