SECTION 365:10-11-11. Right of recovery


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  •   Whenever payment has been made by the insurer with respect to allowable expenses in a total amount, at any time, in excess of the maximum amount of payment necessary at that time to satisfy the intent of this section, the insurer or service plan shall have the right to recover such payments, to the extent of such excess, from among one or more of the following, as the insurer or service plan shall determine:
    (1)   any persons to or for or with respect to whom such payments were made;
    (2)   any other insurers; or
    (3)   service plans or any other organizations.