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Regal Insurance Company v. Canal Insurance Company2/27/2004
31A-22-309(5) (1999). Because Regal's exclusive forum for seeking reimbursement of Chatwin's PIP benefits is in arbitration, we do not reach Regal's claim for interest and attorney fees. We do, however, agree with the court of appeals that the availability of interest and attorney fees under subsection 309(5) is limited to those situations where an insurer fails to timely pay PIP benefits to an "injured party." Subsection 309(5) does not provide for an award of interest or attorney fees to an insurer seeking reimbursement of PIP benefits from another insurer. Regal Ins. Co. v. Canal Ins. Co., 2002 UT App 27, -11, 42 P.3d 387.
CONCLUSION
We agree with the court of appeals that "Regal may not pursue a subrogation suit against Canal for the $3,000 in PIP benefits Regal paid to Chatwin." Id. at . Utah Code section 31A-22-309(6) requires that any insurer's claim to reimbursement of PIP benefits from another insurer be decided by binding arbitration between the insurers. Accordingly, we affirm the opinion of the court of appeals.
Chief Justice Durham, Associate Chief Justice Durrant, Justice Wilkins, and Judge Davis concur in Justice Parrish's opinion.
Having disqualified himself, Justice Nehring does not participate herein; District Judge Lynn W. Davis sat.
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