338(1)Subject to section 340 and section 319, no costs, other than costs taxed on a party and party basis, shall be paid out of the Fund.

338(2)Where an action has been maintained in part by an insurer and a part only of the amount of the judgment in the action is payable out of the Fund, there shall not be paid out of the Fund more than that part of the party and party costs of the action that bears the same ratio to the whole of such costs as the part of the judgment payable out of the Fund bears to the total amount of the judgment.