senate Bill S1151

2013-2014 Legislative Session

Enacts the automobile fraud prevention act of 2013

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to insurance
Jan 09, 2013 referred to insurance

S1151 - Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §§5106, 5109, 5103, 5102, 3420 & 5202, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3444
2009-2010: S8414

S1151 - Summary

Enacts the automobile fraud prevention act of 2013.

S1151 - Sponsor Memo

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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