Assembly Bill A2108

2023-2024 Legislative Session

Relates to examinations under oath under the comprehensive motor vehicle insurance reparations act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A2108 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §5103, Ins L
Versions Introduced in 2021-2022 Legislative Session:
A7559

2023-A2108 (ACTIVE) - Summary

Relates to examinations under oath under the comprehensive motor vehicle insurance reparations act; grants claimants the right to counsel in an examination under oath; requires such examination to be transcribed; gives claimants the right to receive the transcript of such examination

2023-A2108 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2108
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. MEEKS, BRONSON, JACKSON, ZINERMAN -- read once
   and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in  relation  to  examinations  under
   oath under the comprehensive motor vehicle insurance reparations act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5103 of the insurance law is amended  by  adding  a
 new subsection (i) to read as follows:
   (I)  (1) WITH REGARD TO ANY CLAIM FOR FIRST PARTY BENEFITS PURSUANT TO
 THIS ARTICLE, IN AN EXAMINATION UNDER OATH OF A PERSON CLAIMING TO BE  A
 COVERED  PERSON,  SUCH  PERSON SHALL HAVE THE RIGHT TO BE REPRESENTED BY
 COUNSEL. SUCH EXAMINATION UNDER OATH SHALL BE TRANSCRIBED BEFORE A NOTA-
 RY PUBLIC COMMISSIONED TO ADMINISTER OATHS IN THIS STATE. THE TRANSCRIPT
 OF SUCH EXAMINATION UNDER OATH SHALL BE FURNISHED  TO  THE  CLAIMANT  OR
 SUCH CLAIMANT'S REPRESENTATIVE WITHIN SIXTY DAYS OF SUCH EXAMINATION.
   (2)  AN  EXAMINATION  UNDER  OATH  ALONE SHALL NOT FORM THE BASIS OF A
 DENIAL OF FIRST PARTY BENEFITS. IF AN INSURER BELIEVES AN ALLEGATION  OF
 FRAUD PERPETRATED BY THE CLAIMANT IS SUPPORTED BY THE TESTIMONY ELICITED
 FROM  SUCH CLAIMANT AT AN EXAMINATION UNDER OATH, SUCH INSURER SHALL NOT
 DENY SUCH CLAIMANT FIRST PARTY BENEFITS UNLESS  IT  HAS  SUBMITTED  SUCH
 ALLEGATION  OF  FRAUD  TO ARBITRATION AND HAS BEEN AWARDED PERMISSION TO
 DENY SUCH FIRST PARTY BENEFITS BY  THE  ARBITRATOR.  THE  SUPERINTENDENT
 SHALL PROMULGATE SIMPLIFIED PROCEDURES FOR THE ARBITRATION OF SUCH ALLE-
 GATIONS OF FRAUD MADE BY INSURERS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04532-01-3

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