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.
STATE OF NEW YORK
________________________________________________________________________
7559
2021-2022 Regular Sessions
IN ASSEMBLY
May 13, 2021
___________
Introduced by M. of A. MEEKS -- 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.
LBD11204-01-1
