Ron Natalie wrote:

When in VMC pilots are required to maintain a visual see and avoid
whether they are operating IFR or flying a bizjet.

I think we're in agreement - but "see and avoid" didn't seem to work
here as one or both pilots didn't "see and avoid" the other. Going
round & round over right of way rules (to me) is irrelevant in this
case because visual contact was never made. Let the FAA figger out who
*if anyone* was at fault.