STATUTORY INDEXING:
General / Miscellaneous [§3116]
TOPICAL INDEXING:
No-Fault Insurer Claims for Reimbursement
CASE SUMMARY:
The insurance commissioner interpreted §3116 (the no-fault lien) to permit reimbursement to insurance carriers from tort recoveries obtained by insured beneficiaries only when and to the extent that the recoveries were obtained for losses of a kind compensated by PIP benefits. This interpretation is the same as Judge Gilmore's interpretation of §3116 in the Shavers case where the court held that, "benefits must be reimbursed, when like benefits have been previously allowed."