Plaintiff, Allstate Insurance Company, brought this action to recover no-fault insurance benefits paid to its insured, the defendant, following a settlement between the defendant and the insurance carrier of a third-party tortfeasor.
In January 1976 defendant, a passenger in a vehicle insured by Allstate, was injured in an automobile accident. Pursuant to his claim, Allstate paid defendant $2,000 in no-fault medical benefits. Subsequently, defendant filed suit against the tortfeasor, who was insured by State Farm Mutual Insurance Company. Defendant entered into a settlement agreement with State Farm. On settlement of that suit defendant executed a release, and State Farm agreed to pay a settlement amount of $10,-000. Two thousand dollars of this amount *236was made payable jointly to defendant and Allstate. Defendant refused to deliver the draft, and Allstate initiated this action.
The issue is whether Allstate is entitled, because of a right of subrogation, to recover the no-fault payments made to its insured out of proceeds of a settlement with a third-party tortfeasor.
We hold that Allstate Insurance Co. v. Ivie, Utah, 606 P.2d 1197 (1980), is disposi-tive of this case.
The judgment in favor of defendant is affirmed. Costs to Respondent.
MAUGHAN and WILKINS, JJ., concur.