In each instance in which a question of indemnification arises, entitlement thereto, pursuant to the conditions set forth in section 6.1 of this Article, shall be determined by the Commissioner who shall also determine the time and manner of payment of such indemnification; provided, however, that a person or insurer who or which has been wholly successful, on the merits or otherwise, in the defense of a civil or criminal action, suit or proceeding of the character described in section 6.1 of this Article shall be entitled to indemnification as authorized in such Article. The Commissioner may delegate to the Pool Administrator the authority to determine, in a manner consistent with this Article, entitlement to indemnification, and the time and manner of payment of such indemnification, for any indemnification requiring payment which is less than an amount as may be fixed from time to time by the Commissioner. The rights hereunder provided shall not be exclusive of the rights to which any person or insurer may be entitled as a matter of law.
19 Miss. Code. R. 5-4.12.2