Bill Text: NY A02108 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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; prohibits insurance companies from denying first party benefits pursuant to an examination under oath until it is awarded permission to do so in arbitration.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2024-01-03 - referred to insurance [A02108 Detail]

Download: New_York-2023-A02108-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2108

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Section 5103 of the insurance law is amended  by  adding  a
     2  new subsection (i) to read as follows:
     3    (i)  (1) With regard to any claim for first party benefits pursuant to
     4  this article, in an examination under oath of a person claiming to be  a
     5  covered  person,  such  person shall have the right to be represented by
     6  counsel. Such examination under oath shall be transcribed before a nota-
     7  ry public commissioned to administer oaths in this state. The transcript
     8  of such examination under oath shall be furnished  to  the  claimant  or
     9  such claimant's representative within sixty days of such examination.
    10    (2)  An  examination  under  oath  alone shall not form the basis of a
    11  denial of first party benefits. If an insurer believes an allegation  of
    12  fraud perpetrated by the claimant is supported by the testimony elicited
    13  from  such claimant at an examination under oath, such insurer shall not
    14  deny such claimant first party benefits unless  it  has  submitted  such
    15  allegation  of  fraud  to arbitration and has been awarded permission to
    16  deny such first party benefits by  the  arbitrator.  The  superintendent
    17  shall promulgate simplified procedures for the arbitration of such alle-
    18  gations of fraud made by insurers.
    19    §  2.  This  act  shall take effect on the sixtieth day after it shall
    20  have become a law.    Effective  immediately,  the  addition,  amendment
    21  and/or repeal of any rule or regulation necessary for the implementation
    22  of  this  act  on  its  effective  date  are  authorized  to be made and
    23  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