Bill Text: NY S02368 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to fair claims settlement practices under the comprehensive motor vehicle insurance reparations act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INSURANCE [S02368 Detail]
Download: New_York-2015-S02368-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2368
2015-2016 Regular Sessions
I N S E N A T E
January 22, 2015
___________
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:
1 Section 1. Subsection (a) of section 5106 of the insurance law is
2 amended by adding a new undesignated paragraph to read as follows:
3 THE CLAIMANT HAS THE BURDEN OF PROOF TO SHOW THE EXPENSES UNDER PARA-
4 GRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF
5 THIS ARTICLE WERE MEDICALLY NECESSARY AND IN ACCORDANCE WITH THE APPLI-
6 CABLE FEE SCHEDULE. EVIDENCE OF MAILING A CLAIM FORM SHALL NOT BE SUFFI-
7 CIENT TO MEET THIS BURDEN.
8 S 2. This act shall take effect immediately and shall apply to all
9 actions and proceedings commenced on or after such date; and shall also
10 apply to any action or proceeding which was commenced prior to such
11 effective date where, as of such date, a trial of the issues has not yet
12 commenced.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07090-01-5
