N.Y. Laws » CHAPTER Insurance / ARTICLE Comprehensive Motor Vehicle Insurance Reparations
New York Consolidated Laws

N.Y. Insurance Law § 5105 (2026)

Settlement between insurers

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 5105. Settlement between insurers. (a) Any insurer liable for the
payment of first party benefits to or on behalf of a covered person and
any compensation provider paying benefits in lieu of first party
benefits which another insurer would otherwise be obligated to pay
pursuant to subsection (a) of section five thousand one hundred three of
this article or section five thousand two hundred twenty-one of this
chapter has the right to recover the amount paid from the insurer of any
other covered person to the extent that such other covered person would
have been liable, but for the provisions of this article, to pay damages
in an action at law. In any case, the right to recover exists only if at
least one of the motor vehicles involved is a motor vehicle weighing
more than six thousand five hundred pounds unloaded or is a motor
vehicle used principally for the transportation of persons or property
for hire. However, in the case of occupants of a bus other than
operators, owners, and employees of the owner or operator of the bus, an
insurer which, pursuant to paragraph one of subsection (a) of section
five thousand one hundred three of this article, provides coverage for
first party benefits for such occupants under a policy providing first
party benefits to the injured person and members of his household for
loss arising out of the use or operation of any vehicle of such
household, shall have no right to recover the amount of such benefits
from the insurer of such bus.
  (b) The sole remedy of any insurer or compensation provider to recover
on a claim arising pursuant to subsection (a) hereof, shall be the
submission of the controversy to mandatory arbitration pursuant to
procedures promulgated or approved by the superintendent.  Such
procedures shall also be utilized to resolve all disputes arising
between insurers concerning their responsibility for the payment of
first party benefits.
  (c) The liability of an insurer imposed by this section shall not
affect or diminish its obligations under any policy of bodily injury
liability insurance.
Notes of Decisions
Cited in 116 cases (18 in the last 5 years), 1985–2026 · leading case: Motor Veh. Accident Indemnification Corp. v. Aetna Cas. & Sur. Co., 674 N.E.2d 1349 (N.Y. 1996).
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Motor Veh. Accident Indemnification Corp. v. Aetna Cas. & Sur. Co., 674 N.E.2d 1349 (N.Y. 1996). · cites it 7× “10 (see, Insurance Law § 5105 [b]; § 5221 [b] [6]) seeking reimbursement in the amount of $50,257.”
Hunter v. OOIDA Risk Retention Grp., Inc., 79 A.D.3d 1 (N.Y. App. Div. 2d Dep't 2010). · cites it 26× “We now consider whether OOIDA is entitled to so-called inter-company loss-transfer arbitration pursuant to Insurance Law § 5105 (a). We hold that, under the applicable provisions of New York’s no-fault insurance law (see Insurance Law art 51), and under the circumstances…”
Progressive Cas. Ins. v. New York State Ins. Fund, 47 A.D.3d 633 (N.Y. App. Div. 2d Dep't 2008). · cites it 5× “After paying workers’ compensation benefits to and on behalf of Brown, the NYSIF filed an application for arbitration, seeking reimbursement of those benefits from Progressive, pursuant to the loss transfer provisions of Insurance Law § 5105. Progressive asserted, as an…”
State Farm Mut. Auto. Ins. v. City of Yonkers, 21 A.D.3d 1110 (N.Y. App. Div. 2d Dep't 2005). · cites it 3× “The City sought mandatory arbitration pursuant to Insurance Law § 5105 against State Farm for recoupment of the workers’ compensation benefits it paid to Greco, commonly referred to as a “loss transfer.”
State Farm Mut. Auto. Ins. v. Nationwide Mut. Ins., 150 A.D.2d 976 (N.Y. App. Div. 3d Dep't 1989). · cites it 4× “State Farm thereafter commenced an arbitration proceeding pursuant to Insurance Law § 5105 to recover from Nationwide the payments it made to its insured.”
St. Paul Fire & Marine Ins. v. Surdam, 595 A.2d 264 (Vt. 1991). · cites it 2× “Where workers’ compensation payments are limited to first party benefits and a lien on proceeds recovered from third parties is therefore unavailable, the carrier may seek a “loss transfer” from a negligent third-party’s insurer by a statutorily mandated arbitration process,…”
Johnston v. Colvin, 145 A.D.2d 846 (N.Y. App. Div. 3d Dep't 1988). · cites it 2× “As indicated, this dilemma was unnecessary, for the compensation carrier could not claim a lien for payments made in lieu of first-party benefits (Workers’ Compensation Law §29 [1-a]; Insurance Law § 5105). We find, however, that any discernible prejudice was diminished by…”
State Farm Mut. Auto. Ins. v. Aetna Cas. & Sur. Co., 132 A.D.2d 930 (N.Y. App. Div. 4th Dep't 1987). · cites it 3× “Aetna made a loss transfer claim against State Farm for reimbursement of these expenses and demanded arbitration pursuant to Insurance Law § 5105. State Farm thereupon brought this special proceeding seeking a permanent stay of arbitration upon the ground that there was no legal…”
Pac. Ins. v. State Farm Mut. Auto. Ins., 150 A.D.2d 455 (N.Y. App. Div. 2d Dep't 1989). · cites it 3× “Insurance Law § 5105 (b) provides that mandatory arbitration procedures promulgated by the Superintendent of Insurance for the resolution of disputes arising under section 5105 (a), "shall also be utilized to resolve all disputes arising between insurers concerning their…”
DTG Operations, Inc. v. AutoOne Ins. Co., 144 A.D.3d 422 (N.Y. App. Div. 1st Dep't 2016). · cites it 3× “Here, where the arbitration was compulsory pursuant to Insurance Law § 5105 (b), the arbitrator’s findings are subject to “closer judicial scrutiny” than a voluntary arbitration, and the award “must have evidentiary support and cannot be arbitrary and capricious” (Matter of…”
Mandarino v. Travelers Prop. Cas. Ins., 37 A.D.3d 775 (N.Y. App. Div. 2d Dep't 2007). “After paying no-fault benefits to the claimants, the Motor Vehicle Accident Indemnification Corporation (MVAIC) sought to recoup those payments from Aetna by demanding arbitration pursuant to Insurance Law § 5105 (a) and (b). In seeking recoupment, MVAIC asserted a right of…”
In re the Arbitration between Utica Mut. Ins. & Selective Ins. of Am., 27 A.D.3d 990 (N.Y. App. Div. 3d Dep't 2006). “, a company that administers no-fault arbitrations in New York (see Insurance Law § 5105). In January 2004, an arbitrator rendered a decision finding that “[respondent] (Selective) submitted proof [of] negligence against [petitioner] (Utica), 70%, comparative negligence applied.”
Show all 116 citing cases →
N.Y. Insurance Law § 5105(a): 3 cases
Wensley v. Scott, 459 F. Supp. 2d 388 (W.D. Pa. 2006).
Allstate Ins. v. Mazzola, 986 F. Supp. 756 (S.D.N.Y. 1997).
Repwest Ins. Co. v. Hanif, 2019 NY Slip Op 9047 (N.Y. App. Div. 2d Dep't 2019).
N.Y. Insurance Law § 5105(b): 10 cases
Allstate Ins. v. Mazzola, 986 F. Supp. 756 (S.D.N.Y. 1997).
Matter of New York City Tr. Auth. v. Charter Oak Fire Ins. Co., 2023 NY Slip Op 34547 (N.Y. Sup. Ct., New York Cty. 2023).
Matter of Progressive Cas. Ins. Co. v. Off. of the Comptroller (NYC), 2024 NY Slip Op 31169(U) (N.Y. Sup. Ct., New York Cty. 2024).
Matter of New York Black Car Operators' Injury Comp. Fund, Inc. v. City of New York, 2024 NY Slip Op 32219(U) (N.Y. Sup. Ct., New York Cty. 2024).
Matter of New York Black Car Operators' Injury Comp. Fund, Inc. v. City of New York, 2024 NY Slip Op 32950(U) (N.Y. Sup. Ct., New York Cty. 2024).
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