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NY A04288

Bill

Status

Introduced

2/2/2011

Primary Sponsor

Peter Rivera

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Amends Insurance Law Section 5103 to require specific provisions in motor vehicle liability insurance policies issued to satisfy Vehicle and Traffic Law Articles Six and Eight

  • Establishes a six-month deadline for eligible injured persons to submit written notice of accidents to insurers, with extensions allowed if claimant provides reasonable justification by preponderance of evidence

  • Requires injured persons to submit written proof of claims for health service expenses within six months of initial service, and work loss/other necessary expense claims within six months of accident, subject to same extension provisions

  • Permits service of notice upon the State Insurance Fund when an injured person cannot determine which insurer is liable after making reasonable efforts to identify the appropriate insurer

  • Allows insurers to require examinations under oath, submission of medical records authorization, and medical examinations by insurer-selected physicians as conditions for claim processing

Legislative Description

Establishes certain terms to be included in no-fault automobile liability insurance policies; provides that any covered person under such a policy shall have 6 months to provide the insurer of his or her claim for compensation; authorizes service of notice of claim upon the state insurance fund when the appropriate insurer liable for a claim cannot be ascertained; authorizes extensions of the 6 month filing requirement if the claimant has a reasonable justification based on the preponderance of the evidence.

Last Action

enacting clause stricken

9/4/2012

Committee Referrals

Insurance2/2/2011

Full Bill Text

No bill text available