Opinion
June 14, 1990
Appeal from the Supreme Court, Westchester County (Lucille Polk Buell, J.).
As should have been clear from the complaint, plaintiff subrogee seeks to recover amounts paid by it to its insured under the additional personal injury protection indorsement of the insured's policy. Accordingly, the claim is not barred by Insurance Law § 5105 (b). Insurance Law § 5105 (b) requires arbitration of claims between insurers for first-party benefits. It has no application where, as here, the claim is for amounts paid by the insurer for additional personal injury protection, i.e., amounts in excess of first-party benefits (see, Aetna Cas. Sur. Co. v. Jackowe, 96 A.D.2d 37; Fowler v. Pebble Hill Bldg. Corp., 120 A.D.2d 486; State Farm Mut. Auto. Ins. Co. v. La Forte, 125 A.D.2d 563).
Concur — Murphy, P.J., Rosenberger, Asch, Smith and Rubin, JJ.