In supplemental reasons following an earlier decision, the court addressed the priority of payment and subrogation rights between OPCF 44R insurers and an umbrella policy (PULP) insurer, following the Court of Appeal's decision in Rodriguez-Vergara v. Lamoureux.
The court held that the at-fault drivers' automobile policy is primary, followed by the respective OPCF 44R endorsements, and finally the PULP.
The court also held that the OPCF 44R insurers have no right of subrogation against the umbrella insurer, and their subrogation rights against the at-fault drivers directly are limited to the amount by which their payment exceeds the combined automobile and excess policy limits.
