Senate Bill S3545

2013-2014 Legislative Session

Relates to fair claims settlement practices under the comprehensive motor vehicle insurance reparations act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S3545 (ACTIVE) - Details

Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §5106, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6707
2015-2016: S2368
2017-2018: S770
2019-2020: S3511
2021-2022: S3552

2013-S3545 (ACTIVE) - Summary

Relates to fair claims settlement practices under the comprehensive motor vehicle insurance reparations act.

2013-S3545 (ACTIVE) - Sponsor Memo

2013-S3545 (ACTIVE) - Bill Text download pdf

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

                                  3545

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- 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  settlement  practices
  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 (a) of section 5106 of  the  insurance  law  is
amended by adding a new undesignated paragraph to read as follows:
  THE  CLAIMANT HAS THE BURDEN OF PROOF TO SHOW THE EXPENSES UNDER PARA-
GRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO  OF
THIS  ARTICLE WERE MEDICALLY NECESSARY AND IN ACCORDANCE WITH THE APPLI-
CABLE FEE SCHEDULE. EVIDENCE OF MAILING A CLAIM FORM SHALL NOT BE SUFFI-
CIENT TO MEET THIS BURDEN.
  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.
                                                           LBD08135-01-3


              

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