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Assembly Bill A9645

2011-2012 Legislative Session

Relates arbitration of claims under the comprehensive motor vehicle insurance reparations act

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Archive: Last Bill Status - In Assembly Committee

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2011-A9645 (ACTIVE) - Details

See Senate Version of this Bill:
S6708
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง5106, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3544
2015-2016: S2369
2017-2018: S778
2019-2020: S3512
2021-2022: S3581

2011-A9645 (ACTIVE) - Summary

Relates to fair settlement practices under the comprehensive motor vehicle insurance reparations act; requires mandatory arbitration of no-fault disputes.

2011-A9645 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9645

                          I N  A S S E M B L Y

                             March 22, 2012
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law, in relation to requiring  arbitration
  for  no fault claims under the comprehensive motor vehicle reparations
  act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subsection (b) of section 5106 of the insurance law, as
amended by chapter 452 of the laws  of  2005,  is  amended  to  read  as
follows:
  (b) [Every insurer shall provide a claimant with the option of submit-
ting  any dispute] ALL DISPUTES involving the insurer's liability to pay
first party benefits, or additional first  party  benefits,  the  amount
thereof  or  any other matter which may arise pursuant to subsection (a)
of this section SHALL BE SUBMITTED to arbitration pursuant to simplified
procedures to be promulgated or approved  by  the  superintendent.  Such
simplified  procedures  shall  include  an expedited eligibility hearing
option, when required, to designate the insurer for first party benefits
pursuant to subsection (d) of this section.  The  expedited  eligibility
hearing option shall be a forum for eligibility disputes only, and shall
not  include the submission of any particular bill, payment or claim for
any specific benefit for adjudication, nor shall it consider  any  other
defense to payment.
  S  2.  This  act  shall take effect immediately and shall apply to all
actions and proceedings commenced on or after such date; and shall  also
apply  to  any  action  or  proceeding which was commenced prior to such
effective date where, as of such date, a trial of the issues has not yet
commenced.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14982-01-2

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