S03545 Summary:

BILL NOS03545
 
SAME ASNo same as
 
SPONSORSEWARD
 
COSPNSR
 
MLTSPNSR
 
Amd S5106, Ins L
 
Relates to fair claims settlement practices under the comprehensive motor vehicle insurance reparations act.
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S03545 Memo:

Memo not available
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S03545 Text:



 
                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
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