No-Fault Loss Transfer, §5104(b) Claims and Recovery of Additional PIP benefits
New York’s Insurance Law §5101 et seq. provides insurers with strong statutory rights of recovery for No-Fault, Optional Basic Economic Loss (“OBEL”) and Additional Personal Injury Protection (“APIP”) benefits paid as a result of motor vehicle accidents occurring within New York state. Again, by concentrating on New York state, M&F has created new opportunities for no-fault providers to recover including:
Reimbursement of No-Fault Liens in Third-Party Actions and Via Direct Action
The use of Insurance Law §5104(b) to recover from a third-party tortfeasor, either by lien or independent action, benefits paid as no-fault benefits.
The use of intervention to create the right of a no-fault provider to intervene in an existing claimant’s tort action to protect the provider’s right under §5104(b) to recover from a third-party tortfeasor, benefits paid as no-fault benefits.
The use of the statutory lien and claim rights provided by §5104(b) to obtain reimbursement of the §5104(b) lien from the claimant, his/her attorney, the tortfeasor and the tortfeasor’s insurers where the third-party action is resolved but the no-fault provider’s lien created by payment of no-fault benefits is not satisfied.
Via Loss Transfer pursuant to §5105
The use of the inter-company loss transfer arbitration provisions and other provisions of the New York Insurance Law to maximize recovery of no-fault benefits through loss transfer arbitration, from the arbitration process to actions in the Supreme Court to vacate and confirm arbitration awards.
Reimbursement of Additional Personal Injury Protection (APIP) Benefits via Direct Actions
The use of Insurance Law §5101 et seq. to recover from a third-party tortfeasor, through an independent subrogation action, benefits paid as APIP benefits.