Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 113L of chapter 175 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out paragraph (4) and inserting in place thereof the following paragraph:-

(4) In the event of payment to any person under the coverage provided by this section and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury for which such payment is made, including the proceeds recoverable from the assets of the insolvent insurer; provided, however, that, subject to the definitions and limitations of uninsured motor vehicle coverage set forth in paragraphs (1) and (2), the insurer shall not be entitled to any such proceeds unless and until the person insured under the coverage required or elected to be purchased under this section has received full compensation for his injuries, including death resulting therefrom; and provided, further, that with respect to payments made by reason of the extension of coverage described in paragraphs (2) and (3), the insurer making such payment shall not be entitled to any right of recovery against such tort-feasor in excess of the proceeds recovered from such insolvent insurer of said tort-feasor.