Legislation
SECTION 340
Report of claims that may result in a monetary award
Insurance (ISC) CHAPTER 28, ARTICLE 3
§ 340. Report of claims that may result in a monetary award. (a)
Definition; for the purposes of this section:
"Central reporting organization" shall mean any entity which receives
from, assimilates or disseminates information to insurers or the
department of social services regarding bodily injury, wrongful death
and death benefits.
(b) Insurers shall report within a reasonable period of time to a
central reporting organization of its choosing all claims filed for
bodily injury, wrongful death and death benefits under any policy which
provides coverage for liability for injury to person, except claims for
medical malpractice, workers' compensation or other similar insurance
required by law, and comprehensive motor vehicle insurance reparations
benefits. The central reporting organization shall in turn report this
information to the department of social services.
(c) An insurer shall be deemed to be in compliance with this section
if such information was reported within a reasonable period of time to
the central reporting organization with which the insurer contracts.
(d) In the absence of fraud or bad faith for failure to make or file
any report pursuant to this section, no person subject to this section
or acting under authority of this section shall be subject to civil
liability, and no civil cause of action shall arise against such person
for the furnishing of any information pursuant to this section. Nothing
herein shall abrogate or modify in any way an immunity privilege,
provided in statute or by common law.
(e) No person making any report pursuant to this section shall be
compelled to provide such information, or any report thereof, to the
superintendent.
(f) Insurers or central reporting organizations complying with this
section shall have immunity in accordance with provisions of section
50.20 of the criminal procedure law.
(g) Personally identifying information about applicants and recipients
of public assistance obtained through the establishment or operation of
any reporting program established by this section by the department of
social services, social services districts or by a contractor shall be
kept confidential in accordance with section one hundred thirty-six of
the social services law and the regulations of the department of social
services.
Definition; for the purposes of this section:
"Central reporting organization" shall mean any entity which receives
from, assimilates or disseminates information to insurers or the
department of social services regarding bodily injury, wrongful death
and death benefits.
(b) Insurers shall report within a reasonable period of time to a
central reporting organization of its choosing all claims filed for
bodily injury, wrongful death and death benefits under any policy which
provides coverage for liability for injury to person, except claims for
medical malpractice, workers' compensation or other similar insurance
required by law, and comprehensive motor vehicle insurance reparations
benefits. The central reporting organization shall in turn report this
information to the department of social services.
(c) An insurer shall be deemed to be in compliance with this section
if such information was reported within a reasonable period of time to
the central reporting organization with which the insurer contracts.
(d) In the absence of fraud or bad faith for failure to make or file
any report pursuant to this section, no person subject to this section
or acting under authority of this section shall be subject to civil
liability, and no civil cause of action shall arise against such person
for the furnishing of any information pursuant to this section. Nothing
herein shall abrogate or modify in any way an immunity privilege,
provided in statute or by common law.
(e) No person making any report pursuant to this section shall be
compelled to provide such information, or any report thereof, to the
superintendent.
(f) Insurers or central reporting organizations complying with this
section shall have immunity in accordance with provisions of section
50.20 of the criminal procedure law.
(g) Personally identifying information about applicants and recipients
of public assistance obtained through the establishment or operation of
any reporting program established by this section by the department of
social services, social services districts or by a contractor shall be
kept confidential in accordance with section one hundred thirty-six of
the social services law and the regulations of the department of social
services.