2013 New York Consolidated Laws
ISC - Insurance
Article 51 - (5101 - 5109) COMPREHENSIVE MOTOR VEHICLE INSURANCE REPARATIONS
5105 - Settlement between insurers.


NY Ins L § 5105 (2012) What's This?
 
    §  5105.  Settlement  between insurers. (a) Any insurer liable for the
  payment of first party benefits to or on behalf of a covered person  and
  any  compensation  provider  paying  benefits  in  lieu  of  first party
  benefits which another insurer  would  otherwise  be  obligated  to  pay
  pursuant to subsection (a) of section five thousand one hundred three of
  this  article  or  section  five thousand two hundred twenty-one of this
  chapter has the right to recover the amount paid from the insurer of any
  other covered person to the extent that such other covered person  would
  have been liable, but for the provisions of this article, to pay damages
  in an action at law. In any case, the right to recover exists only if at
  least  one  of  the  motor vehicles involved is a motor vehicle weighing
  more than six thousand five  hundred  pounds  unloaded  or  is  a  motor
  vehicle  used  principally for the transportation of persons or property
  for hire. However, in  the  case  of  occupants  of  a  bus  other  than
  operators, owners, and employees of the owner or operator of the bus, an
  insurer  which,  pursuant  to paragraph one of subsection (a) of section
  five thousand one hundred three of this article, provides  coverage  for
  first  party  benefits for such occupants under a policy providing first
  party benefits to the injured person and members of  his  household  for
  loss  arising  out  of  the  use  or  operation  of  any vehicle of such
  household, shall have no right to recover the amount  of  such  benefits
  from the insurer of such bus.
    (b) The sole remedy of any insurer or compensation provider to recover
  on  a  claim  arising  pursuant  to  subsection (a) hereof, shall be the
  submission of the  controversy  to  mandatory  arbitration  pursuant  to
  procedures   promulgated  or  approved  by  the  superintendent.    Such
  procedures shall also  be  utilized  to  resolve  all  disputes  arising
  between  insurers  concerning  their  responsibility  for the payment of
  first party benefits.
    (c) The liability of an insurer imposed  by  this  section  shall  not
  affect  or  diminish  its  obligations under any policy of bodily injury
  liability insurance.

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