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 -


  • 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
Feb 05, 2013 referred to insurance

S3545 - Details

Law Section:
Insurance Law
Laws Affected:
Amd ยง5106, Ins L
Versions Introduced in 2011-2012 Legislative Session:
S6707

S3545 - Summary

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

S3545 - Sponsor Memo

S3545 - 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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