S03545 Summary:
BILL NO | S03545 |
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SAME AS | No same as |
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SPONSOR | SEWARD |
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COSPNSR | |
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MLTSPNSR | |
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Amd S5106, Ins L | |
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Relates to fair claims settlement practices under the comprehensive motor vehicle insurance reparations act. |
S03545 Memo:
Memo not availableGo to top
S03545 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3545 2013-2014 Regular Sessions IN SENATE 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: 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 § 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. LBD08135-01-3