Title ISC, Insurance

§ 5107. Coverage for non-resident motorists. (a) Every insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with such an insurer, which sells a policy providing motor vehicle liability insurance cover…

§ 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 vehicle accident indemnification corporation act". (b) The legislature finds and declares that the motor vehicle financial security act in the vehicle and traffic law, which requires the owner of a motor vehi…

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

§ 5203. Motor vehicle accident indemnification corporation. (a) The non-profit corporation known as the "motor vehicle accident indemnification corporation" shall be continued. (b) Every insurer authorized to write motor vehicle liability insurance in this state, as a condition …

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

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

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

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

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

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

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

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

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

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

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

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

§ 5216. Assignments of judgments to corporation. (a) The corporation shall not pay any sum, in compliance with an order made for that purpose, if the claim is founded upon a judgment, except a judgment obtained against the corporation under this article, until the petitioner ass…

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

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

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

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

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

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

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

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

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

§ 5302. Administration. (a) In addition to the members of the committee elected by the subscribers to administer the plan, the superintendent shall appoint annually two additional members who shall be duly licensed insurance agents or brokers representative of broad segments of …

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

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

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

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

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

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

§ 5405. Participation. (a) Every member of the association shall participate in its writings, expenses, profits and losses in the proportion that the net direct premiums of the member (but excluding that portion of premiums attributable to the operation of the association) writt…

§ 5406. Appeals. Any applicant to the association and any person insured pursuant to this article, or their representatives, or any affected insurer, may appeal to the superintendent within thirty days after any ruling, action or decision by or on behalf of the association, with…

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

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

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

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

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

§ 5414. Coastal market assistance program (C-MAP). (a) The association shall create a coastal market assistance program to provide a voluntary mechanism whereby insurers and insurance agents and brokers facilitate efficient access to participating private market insurance compan…

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

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

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

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

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

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

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