§ 5105. Settlement between insurers. (a) Any insurer liable for the\npayment of first party benefits to or on behalf of a covered person and\nany compensation provider paying benefits in lieu of first party\nbenefits which another insurer would otherwise be obligated to pay\npursuant to subsection (a) of section five thousand one hundred three of\nthis article or section five thousand two hundred twenty-one of this\nchapter has the right to recover the amount paid from the insurer of any\nother covered person to the extent that such other covered person would\nhave been liable, but for the provisions of this article, to pay damages\nin an action at law. In any case, the right to recover exists only if at\nleast one of the motor vehicles involved is a motor vehicle weighing\nmore than six thousand five hundred pounds unloaded or is a motor\nvehicle used principally for the transportation of persons or property\nfor hire. However, in the case of occupants of a bus other than\noperators, owners, and employees of the owner or operator of the bus, an\ninsurer which, pursuant to paragraph one of subsection (a) of section\nfive thousand one hundred three of this article, provides coverage for\nfirst party benefits for such occupants under a policy providing first\nparty benefits to the injured person and members of his household for\nloss arising out of the use or operation of any vehicle of such\nhousehold, shall have no right to recover the amount of such benefits\nfrom the insurer of such bus.\n (b) The sole remedy of any insurer or compensation provider to recover\non a claim arising pursuant to subsection (a) hereof, shall be the\nsubmission of the controversy to mandatory arbitration pursuant to\nprocedures promulgated or approved by the superintendent. Such\nprocedures shall also be utilized to resolve all disputes arising\nbetween insurers concerning their responsibility for the payment of\nfirst party benefits.\n (c) The liability of an insurer imposed by this section shall not\naffect or diminish its obligations under any policy of bodily injury\nliability insurance.\n
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