Accordingly, this Court's decision on dismissal of the equitable claims is an improper advisory opinion. See Sandberg v. American Family Ins. Co., 2006 ND 198, ¶¶ 19–21, 722 N.W.2d 359 (Crothers, J., concurring specially). [¶ 33] Daniel J. Crothers
Again, however, that analysis is best left to a case properly developed through the adversarial process. Sandberg v. American Family Ins. Co., 2006 ND 198, ¶¶ 19–21, 722 N.W.2d 359 (Crothers, J., concurring specially). [¶ 42] DANIEL J. CROTHERS
That settlement makes decision on the construction claims improperly advisory. See State v. Morin, 2012 ND 75, ¶ 16, 815 N.W.2d 229 (Crothers, J., concurring specially); and Sandberg v. American Family Ins. Co., 2006 ND 198, ¶¶ 19–21, 722 N.W.2d 359 (Crothers, J., concurring specially). Rachel may well have been confused about some of the specifics, but contracts are based on mutual understandings, not unilateral misunderstandings.
This limitation does not apply to underinsured motorist coverage when the insured has advised the insurer, in compliance with subsection 2 of section 26.1-40-15.5, and the insurer has failed to advance the required payment to protect its right of reimbursement and subrogation. N.D.C.C. § 26.1-40-15.6(7); see Sandberg v. American Family Ins. Co., 2006 ND 198, ¶ 10, 722 N.W.2d 359. Upon receipt of notice of a proposed settlement, the UIM insurer must substitute its own funds for the proposed settlement to preserve its subrogation rights against the underinsured tortfeasor: No insurer providing underinsured motorist coverage has a right of subrogation against an underinsured motorist if the insurer has been provided with a written notice in advance of an agreement, settlement, or judgment between its insured and the underinsured motorist, and the insurer fails to advance a payment to the insured in an amount equal to the tentative agreement or settlement within thirty days following receipt of such notice.