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