|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to insurance|
|Jan 09, 2013||referred to insurance|
senate Bill S1151
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1151 - Details
S1151 - Sponsor Memo
BILL NUMBER:S1151 TITLE OF BILL: An act to amend the insurance law, in relation to enacting the "automobile insurance fraud prevention act of 2013" PURPOSE OR GENERAL IDEA OF BILL: To reform the automobile no-fault insurance system. SUMMARY OF PROVISIONS: Section 1. This act shall be known and may be cited as the "automobile insurance fraud prevention act of 2013." Section 2. Fair claims settlement. (2) The failure of an insurer to issue a denial within 30 days of it becoming overdue shall not preclude the insurer or self-insurer from presenting evidence to establish that (A) the services or items billed for in a claim were not provided; (B) certain portions of the charges for the charges for services in a claim exceed, by more than ten percent, the charges permissible under the fee schedules prepared and established pursuant to subsections (a) and (b) of section five thousand one hundred eight of this article, or (c) the event from which the claim arose was
S1151 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1151 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to enacting the "automo- bile insurance fraud prevention act of 2013" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "automobile insurance fraud prevention act of 2013". S 2. Section 5106 of the insurance law, subsection (b) as amended and subsection (d) as added by chapter 452 of the laws of 2005, is amended to read as follows: S 5106. Fair claims settlement. (a) (1) Payments of first party bene- fits and additional first party benefits shall be made as the loss is incurred. Such benefits are overdue if not paid within thirty days after the claimant supplies proof of the fact and amount of loss sustained. If proof is not supplied as to the entire claim, the amount which is supported by proof is overdue if not paid within thirty days after such proof is supplied. All overdue payments shall bear interest at the rate of two percent per month. If a valid claim or portion was overdue, the claimant shall also be entitled to recover his attorney's reasonable fee, for services necessarily performed in connection with securing payment of the overdue claim, subject to limitations promulgat- ed by the superintendent in regulations. (2) THE FAILURE TO ISSUE A DENIAL OF A CLAIM WITHIN THIRTY DAYS SHALL NOT PRECLUDE THE INSURER OR SELF-INSURER FROM PRESENTING EVIDENCE TO ESTABLISH THAT (A) THE SERVICES OR ITEMS BILLED FOR IN A CLAIM WERE NOT PROVIDED; (B) CERTAIN PORTIONS OF THE CHARGES FOR SERVICES IN A CLAIM EXCEED, BY MORE THAN TEN PERCENT, THE CHARGES PERMISSIBLE UNDER SCHED- ULES PREPARED AND ESTABLISHED PURSUANT TO SUBSECTIONS (A) AND (B) OF SECTION FIVE THOUSAND ONE HUNDRED EIGHT OF THIS ARTICLE, OR (C) THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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