N.Y. Insurance Law § 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.