Current through Register Vol. 56, No. 24, December 18, 2024
(a) If an
insured is eligible for coverage of medical expenses under more than one
automobile policy, the determination as to which automobile policy will assume
coverage responsibility for that insured shall be as follows:
1. A named insured shall receive benefits for
medical expenses under the terms of the automobile policy on which he or she,
or his or her spouse, is identified as the named insured.
2. A family member who is a child of a named
insured or the named insured's spouse shall receive benefits for medical
expenses under the automobile policy of the named insured, subject to the
following:
i. If the child is a child of more
than one named insured or of more than one spouse of a named insured, the child
shall receive benefits under the terms of the automobile policy of the named
insured who has legal custody of that child or whose spouse has legal custody
of that child.
ii. If the child is
a child of more than one named insured or of more than one named insured's
spouse, and legal custody of that child has either never been awarded, or has
been awarded jointly, then the child shall receive benefits under the terms of
the automobile policy of the named insured whose birthday occurs earliest in
the calendar year.
iii. If the
child is a named insured or the spouse of a named insured, (a)1 above shall
apply.
3. If neither
(a)1 nor (a)2 above apply to an adult or child family member, then that family
member shall receive benefits for medical expenses under the terms of the
automobile policy of the named insured whose birthday occurs earliest in the
calendar year.
4. If an automobile
policy identifies more than one person as a named insured on the automobile
policy, the birthday of the named insured whose birthday occurs earliest in the
calendar year shall be considered the determinant birthday on that automobile
policy.
(b) An insured
shall not receive benefits for medical expenses under more than one automobile
policy.
(c) If an automobile policy
PIP plan provides benefits for medical expenses for an insured who is eligible
for medical expense benefits under more than one automobile policy PIP plan,
the automobile insurer of the paying PIP plan may seek equitable pro rata
contributions from the other automobile policy PIP plan(s) for the benefits
actually paid by the paying PIP plan.
