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The coverage may contain a provision that allows the payments if :
A. The provision provides for subrogation or priority over the insured when an insured's awarded or settled damages exceed $20,000; [2009, c. 222, §1 (NEW).]
B. The provision requires the written approval of the insured; [2009, c. 222, §1 (NEW).]
C. The provision provides that the insurer's subrogation right is subject to subtraction to account for the pro rata share of the insured's attorney's fees incurred in obtaining the recovery from another source; and [2009, c. 222, §1 (NEW).]
D. The provision is approved by the superintendent. [2009, c. 222, §1 (NEW).]
[ 2009, c. 222, §1 (AMD) .]
2. Dispute resolution. In the event of a dispute as to the application of any such provision or the amount available for payment to those claiming payment for services or reimbursement, that dispute must be determined, if the action is pending, before the court in which it is pending; or if no action is pending, by filing an action in any court for determination of the dispute.
[ 1997, c. 369, §2 (NEW) .]
3. Exception. Nothing in this section prevents an insurer from exercising its subrogation rights directly against any person legally responsible for the insured's injury. In the event that the insurer pursues its subrogation rights directly against such a person, the insurer's subrogation right is not subject to any subtraction to account for attorney's fees and the insurer is entitled to full recovery.
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