concurring.
¶30 Respondents argue that “[t]he Board’s enabling legislation does not grant the Board a right of subrogation against the insurers of parties who receive reimbursement from the Fund.” For the reasons expressed in my dissenting opinion in Montana Petroleum Tank Release Comp. Bd. v. Crumleys, Inc., 2008 MT 2, 341 Mont. 33, 174 P.3d 948, I agree with the Respondents and, viewing this as the threshold issue, would affirm the District Court on that basis.