(a) Whenever a recipient of benefits under ยง 23-89-202(1) and (2) recovers in tort for injury, either by settlement or judgment, the insurer paying the benefits has a right of reimbursement and credit out of the tort recovery or settlement, less the cost of collection, as defined.
(b) All cost of collection thereof shall be assessed against the insurer and insured in the proportion each benefits from the recovery.
(c) The insurer shall have a lien upon the recovery to the extent of its benefit payments.
(d) The insurer for the party who is liable in damages to the injured party shall not condition settlement or payment of a judgment in favor of the injured party upon issuing a single check jointly to the injured party and the injured party's insurance company.
Section: Previous 23-89-202 23-89-203 23-89-204 23-89-205 23-89-206 23-89-207 23-89-208 23-89-209 23-89-210 23-89-211 23-89-212 23-89-213 23-89-214 23-89-215 NextLast modified: November 15, 2016