(a) Whenever a recipient of benefits under § 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.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 89 - Casualty Insurance
Subchapter 2 - Automobile Liability Insurance Generally
§ 23-89-201. Broader-than-minimum benefits not prohibited
§ 23-89-202. Required first party coverage
§ 23-89-203. Rejection of coverage
§ 23-89-204. Coverage for passengers and persons struck by insured vehicle
§ 23-89-205. Exclusion of benefits
§ 23-89-206. Retention of tort liability
§ 23-89-207. Insurer's right of reimbursement
§ 23-89-209. Underinsured motorist coverage
§ 23-89-210. Premium reduction for college graduates
§ 23-89-211. Total loss settlements
§ 23-89-212. Motor vehicle liability insurance — Extraterritorial provision
§ 23-89-213. Proof of insurance
§ 23-89-214. Motor vehicle liability insurance — Prohibition regarding step-downs
§ 23-89-215. Priority of primary motor vehicle liability insurance coverage