Title ISC, Insurance

§ 5107. Coverage for non-resident motorists. (a) Every insurer\nauthorized to transact or transacting business in this state, or\ncontrolling or controlled by or under common control by or with such an\ninsurer, which sells a policy providing motor vehicle liability\ninsurance c…

§ 5108. Limit on charges by providers of health services. (a) The\ncharges for services specified in paragraph one of subsection (a) of\nsection five thousand one hundred two of this article and any further\nhealth service charges which are incurred as a result of the injury and…

§ 5109. Unauthorized providers of health services. (a) The\nsuperintendent, in consultation with the commissioner of health and the\ncommissioner of education, shall by regulation, promulgate standards and\nprocedures for investigating and suspending or removing the\nauthorizati…

§ 5201. Title and purpose. (a) This article may be cited as the "motor\nvehicle accident indemnification corporation act".\n (b) The legislature finds and declares that the motor vehicle\nfinancial security act in the vehicle and traffic law, which requires\nthe owner of a motor…

§ 5202. Definitions. In this article:\n (a) "Motor vehicle" means a motor vehicle as defined in section one\nhundred twenty-five of the vehicle and traffic law and also includes\ntrailers, semi-trailers, motorcycles, tractors and snowmobiles as\ndefined in subdivision three of s…

§ 5203. Motor vehicle accident indemnification corporation. (a) The\nnon-profit corporation known as the "motor vehicle accident\nindemnification corporation" shall be continued.\n (b) Every insurer authorized to write motor vehicle liability\ninsurance in this state, as a condi…

§ 5204. Board of directors. (a) The board of directors of the\ncorporation shall be composed of nine persons. Seven of such directors\nshall be representatives of motor vehicle liability insurers, shall\nserve without compensation and be elected from among the members of the\nco…

§ 5205. Liability of directors and members. (a) No director shall be\nindividually liable for anything done or any liability incurred or\nassumed by virtue of this article and any such liability shall be\ncollectible only from the corporation.\n (b) No member shall be subject to…

§ 5206. Powers of corporation. The corporation shall have the power:\n (a) To use a corporate seal, to contract, to sue and be sued, to adopt\nand amend by-laws and to exercise all powers necessary and convenient to\naccomplish the purposes of this article.\n (b) To prescribe, s…

§ 5207. Assessments against members. (a) If at any time in the opinion\nof the board, the corporation shall require funds for the operation of\nits business, the board shall levy an assessment against the members of\nthe corporation.\n (b) Each member shall be liable to the corp…

§ 5208. Notice of claim. (a) The protection provided by the\ncorporation on account of motor vehicle accidents caused by financially\nirresponsible motorists shall be available to:\n (1) Any qualified person having a cause of action because of death or\nbodily injury, arising ou…

§ 5209. Investigation and defense of claims. (a) The corporation shall\nprovide for the investigation of accidents and actions governed by this\narticle it deems necessary.\n (b) The corporation may through counsel appear and defend in any\naction on its own behalf and on behalf…

§ 5210. Application for payment of judgment. (a) When any qualified\nperson who has complied with all the applicable requirements of this\narticle recovers a final judgment in a court against a financially\nirresponsible motorist, for injury to, or death of, any person arising\n…

§ 5211. Hearing on application for payment of judgment. (a) The court\nshall proceed upon the petition in a summary manner and the petitioner\nmust show:\n (1) the petitioner is a qualified person;\n (2) the petitioner was not at the time of the accident operating an\nuninsured …

§ 5212. Order for payment of judgment. The court shall order the\ncorporation to pay the sum, if any, it finds payable on the claim\npursuant to the provisions and limitations of this article if it is\nsatisfied of the truth of all matters required to be shown by the\npetitioner…

§ 5213. Settlement of claims or actions. (a) The corporation may,\nexcept in the case of claims or actions by or on behalf of infants or\njudicially declared incompetents, settle without court approval any\nclaim or action against a financially irresponsible motorist if the\nboa…

§ 5214. Default and consent judgments. (a) No claim shall be allowed\nand ordered to be paid by the corporation if the court finds upon the\nhearing for the allowance of the claim that it is founded upon a\njudgment which was entered by default or consent of the defendant.\n (b)…

§ 5215. Collusive judgments. No claim against the corporation shall be\nallowed if the court finds, upon the hearing for the allowance of the\nclaim, that the judgment upon which the claim is founded was obtained by\nfraud, or by collusion of the plaintiff and of any defendant i…

§ 5216. Assignments of judgments to corporation. (a) The corporation\nshall not pay any sum, in compliance with an order made for that\npurpose, if the claim is founded upon a judgment, except a judgment\nobtained against the corporation under this article, until the\npetitioner…

§ 5217. "Hit and run" causes of action. The protection provided by\nthis article shall not apply to any cause of action by a qualified\nperson arising out of a motor vehicle accident occurring in this state\nagainst a person whose identity is unascertainable, unless the bodily\n…

§ 5218. Procedure for "hit and run" cases. (a) Any qualified person\nhaving a cause of action for death or personal injury arising out of the\nownership, maintenance or use of a motor vehicle in this state, when the\nidentity of the motor vehicle and of the operator and owner ca…

§ 5219. Disclaimer or denial of coverage cases. If a qualified person\nwho has complied with paragraph three of subsection (a) of section five\nthousand two hundred eight of this article obtains judgment against an\nowner of a motor vehicle after a trial on the merits and there …

§ 5220. Notice of judgment to commissioner. The corporation shall give\nnotice to the commissioner of the entry of any judgment upon which a\nclaim is made against the corporation under this article and of the\npayment of any such judgment, or the payment or settlement of any cl…

§ 5221. "No-fault" benefits to qualified persons. (a) The terms "basic\neconomic loss", "first party benefits", "non-economic loss", "serious\ninjury", "motor vehicle", "insurer", "uninsured motor vehicle" and\n"covered person", as used in this section, shall have the same meani…

§ 5222. Examination of corporation. The superintendent shall make an\nexamination into the affairs of the corporation as provided in\nsubsection (a) of section three hundred nine of this chapter.\n

§ 5224. Penalty for false statements. Any person and any agent or\nemployee of a person, who knowingly files with the corporation any\ndocument required under this article, which is false or contains any\nmaterial misstatement of fact shall be guilty of a misdemeanor and upon\nc…

§ 5225. Exemption from taxation. The corporation shall be exempt from\nall taxes and fees now or hereafter imposed by the state, or by any\ncounty, municipality or local authority or subdivision, except that any\nreal property owned by the corporation shall be subject to county,…

§ 5301. Participation in assigned risk plans. (a) All insurers\nlicensed to write motor vehicle insurance in this state shall subscribe\nto and participate in the reasonable plan or plans, approved, or which\nmay be approved, by the superintendent after consultation with such\ni…

§ 5302. Administration. (a) In addition to the members of the\ncommittee elected by the subscribers to administer the plan, the\nsuperintendent shall appoint annually two additional members who shall\nbe duly licensed insurance agents or brokers representative of broad\nsegments…

§ 5303. Coverage. (a) Any such plan shall provide for availability to\napplicants of motor vehicle insurance coverages for:\n (1) legal liability, up to fifty thousand dollars because of bodily\ninjury to or death of one person in any one accident and, subject to\nsuch limit for…

§ 5304. Appeals; process of claims. (a) Any applicant for insurance\nthrough a plan governed by this article, any person insured under such\nplan and any insurer affected may appeal to the superintendent from any\nruling or decision of the manager or committee.\n (b) All partici…

§ 5401. Definitions. In this article:\n (a) "Fire insurance" means coverage against loss of or damage to any\nproperty resulting from fire, as defined in paragraph four of subsection\n(a) of section one thousand one hundred thirteen of this chapter and\nimplemented by section th…

§ 5402. Joint underwriting association. (a) The joint underwriting\nassociation known as the New York property insurance underwriting\nassociation is continued, consisting of all insurers authorized to write\nand engaged in writing within this state, on a direct basis, fire and\…

§ 5403. Procedures. (a) Any person having an insurable interest in\ninsurable property, who has made a diligent effort in the normal\ninsurance market to procure fire insurance, extended coverage and\ncoverage for additional perils and broad form coverage pursuant to\nsubsection…

§ 5404. Rates, rating plans, rules and statistics. (a) The rates,\nrating plans, rating rules and statistics applicable to the insurance\nwritten by the association shall be subject to the relevant provisions\nof article twenty-three of this chapter except as otherwise provided …

§ 5405. Participation. (a) Every member of the association shall\nparticipate in its writings, expenses, profits and losses in the\nproportion that the net direct premiums of the member (but excluding\nthat portion of premiums attributable to the operation of the\nassociation) w…

§ 5406. Appeals. Any applicant to the association and any person\ninsured pursuant to this article, or their representatives, or any\naffected insurer, may appeal to the superintendent within thirty days\nafter any ruling, action or decision by or on behalf of the association,\n…

§ 5407. Availability of reports; immunity. (a) Reports of inspection\nperformed by or on behalf of the association shall be available to\nmembers of the association, applicants and the superintendent.\n (b) No liability or cause of action shall exist against the\nassociation or …

§ 5408. Annual statement. (a) The association shall annually file a\nstatement in the office of the superintendent on or before the first day\nof March. Such statement shall be in a form approved by and contain\ninformation required by the superintendent with respect to its\ntra…

§ 5409. Examinations. The superintendent may, in accordance with\narticle three of this chapter, make an examination into the affairs of\nthe association whenever the superintendent deems it expedient. The\nexpenses of every such examination shall be borne and paid by the\nassoc…

§ 5410. Reimbursement fund. (a) The superintendent shall assess each\nmember of the association an amount sufficient to provide reimbursement\npayments, pursuant to the provisions of section 1223(a)(1) of the\nfederal Urban Property Protection and Reinsurance Act of 1968, to the…

* § 5412. Additional powers of the association. (a) As used in this\narticle:\n (1) "Commercial risk insurance", "public entity insurance" and\n"professional liability insurance" have the meanings ascribed to them by\nsection one hundred seven of this chapter, except that motor …

§ 5414. Coastal market assistance program (C-MAP). (a) The association\nshall create a coastal market assistance program to provide a voluntary\nmechanism whereby insurers and insurance agents and brokers facilitate\nefficient access to participating private market insurance com…

§ 5501. Definitions. In this article:\n (a) "Association" means the medical malpractice insurance association.\n (b) "Medical malpractice insurance" means insurance against legal\nliability of the insured, and against loss, damage, or expense incident\nto a claim of such liabili…

§ 5502. Medical malpractice insurance association. (a) The medical\nmalpractice insurance association is continued consisting of all\ninsurers authorized to write and engaged in writing, within this state,\non a direct basis, personal injury liability insurance but excluding\nas…

§ 5503. Plan of operation. (a) The association shall operate in\naccordance with a plan of operation approved by the superintendent which\nprovides for economic, fair and non-discriminatory administration and\nfor the prompt and efficient provision of medical malpractice insuran…

§ 5504. Policies. (a) No policy form shall be used by the association\nunless it has been filed with the superintendent and either he has\napproved it, or thirty days have elapsed and he has not disapproved it\nas misleading or violative of public policy.\n (b) (1) Except as pro…

§ 5505. Rates. (a) The rates, rating plans, rating rules, rating\nclassifications, territories and statistics applicable to the insurance\nwritten by the association shall be subject to article twenty-three of\nthis chapter, giving due consideration to the past and prospective l…

§ 5506. Procedures. (a) Any licensed physician, dentist, podiatrist,\ncertified nurse-midwife, certified registered nurse anesthetist or\nhospital is entitled to apply to the association for coverage pursuant\nto this article. Application may be made directly to the association …

§ 5507. Participation. (a) Every member of the association shall\nparticipate in its writings, expenses, servicing allowance, management\nfees and losses in the proportion that the net direct premiums of the\nmember (excluding that portion of premiums attributable to the operati…