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§5105

§5105 . Settlement between insurers.

§5105(a)

(a) Any insurer liable for the payment of 1st party benefits to or on behalf of a covered person and any compensation provider paying benefits in lieu of 1st party benefits which another insurer would otherwise be obligated to pay pursuant to subsection §5103(a) of this article or §5221 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 1 of the motor vehicles involved is a motor vehicle weighing more than 6500 pounds unloaded or is a motor vehicle used principally for the transportation persons or property for hire. However, in the case occupants a bus other than operators, owners, employees the owner or operator the bus, an insurer which, pursuant to paragraph §5103(a)(1) of this article, provides coverage for 1st party benefits for such occupants under a policy providing 1st 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.

§5105(b)

(b) The sole remedy of any insurer or compensation provider to recover on a claim arising pursuant to (sub§ (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 1st party benefits.

§5105(c)

(c) The liability of an insurer imposed by (this §) shall not affect or diminish its obligations under any policy of bodily injury liability insurance.
Source Data downloaded: 2009-04-09 15: 22: 11;       Processed: 2009-05-08 15: 36: 17


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