ENGROSSED SENATE
BILL NO. 1156	By:	Aldridge of the Senate

			and

		Faught of the House

[ automobile liability insurance - limitations on subrogation and setoff - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     REPEALER     36 O.S. 2011, Section 6092, is hereby repealed.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 6093 of Title 36, unless there is created a duplication in numbering, reads as follows:
A.  Except as provided in subsection B of this section, every policy providing personal injury protection coverage is subject to the following: 
1.  That where the insured under the policy is or would be held legally liable for the personal injuries sustained by any person to whom benefits required under personal injury protection have been paid by another insurer, including workers' compensation, the insurer of the person who would be held legally liable shall reimburse the other insurer for the payment, but not in excess of the amount of damages recoverable; and
2.  That the issue of liability for that reimbursement and its amount shall be decided by mandatory, binding arbitration between the insurers. 
B.  There shall be no right of reimbursement between insurers under subsection A of this section if the insurer of the person who would be held legally liable for the personal injuries sustained has tendered its policy limit. 
SECTION 3.  This act shall become effective November 1, 2012.
Passed the Senate the 13th day of March, 2012.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2012.

	
	Presiding Officer of the House
	of Representatives