2020 New York Laws
ISC - Insurance
Article 51 - Comprehensive Motor Vehicle Insurance Reparations
5105 - Settlement Between Insurers.

§  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.