NY Ins L § 2319 (2021)
2021 New York Laws ISC - Insurance Article 23 - Property/casualty Insurance Rates 2319 - Information to Be Furnished Insureds; Aggrieved Person.

§  2319.  Information  to be furnished insureds; aggrieved person. (a) Every insurer and rate service organization shall  within  a  reasonable time  after  receiving  written  request therefor, and upon payment of a reasonable charge, furnish to any insured affected by a rate made by it, or to the  authorized  representative  of  the  insured,  all  pertinent information as to the rate.  (b)  Except  as  provided  in  subsection  (c)  of this section, every insurer or rate service organization shall  provide  within  this  state reasonable  means whereby any person aggrieved by the application of its rating  system  may  be  heard,  in   person   or   by   an   authorized representative,  on  written  request to review the manner in which such rating system has been applied in connection with the insurance afforded or offered. If the insurer or rate service organization fails  to  grant or  reject  the request within thirty days, applicant may proceed in the same manner as if the application had been rejected. Any party  affected by the action of the insurer or rate service organization on the request may within thirty days after written notice of such action appeal to the superintendent,  who,  after  a hearing held upon not less than ten days written notice to the appellant and  to  the  insurer  or  rate  service organization, may affirm, modify or reverse such action.  (c)  (1)  Subject  to  the  regulations  of  the superintendent, every workers' compensation rate  service  organization  shall  establish  and implement  procedures  for  the  review  of  its determination to make a rating classification, relating  to  insurance  authorized  pursuant  to paragraph  fifteen of subsection (a) of section one thousand one hundred thirteen of this chapter, which has been filed with and approved by  the superintendent.  Such  procedures  for review shall (A) ensure that such organization shall, within a reasonable period of time  after  receiving written  request  therefor,  furnish  any  insured  affected by a rating classification  made  by  the  organization,  or   to   the   authorized representative  of  the  insured,  any  information  pertaining  to  the insured's file and any information,  upon  request,  pertaining  to  the application  of the classification, and (B) require an insured aggrieved by such determination to submit a written  request  for  review  of  the rating  classification. The failure of such rate service organization to respond in writing to a  written  request  submitted  pursuant  to  this subsection  within  sixty days, shall authorize the applicant for review to proceed as though the classification challenged  was  disapproved  by the rate service organization. If the workers' compensation rate service organization   cannot,   within   such   sixty  day  period,  make  such determination or advise the insured that an inspection, audit  or  study is  required,  the  organization  shall  submit a written request to the superintendent, within the sixty day  period,  requesting  a  reasonable extension of the time period in which to make such determination.  (2)  Any insured adversely affected by a review, completed pursuant to paragraph one of this subsection, may, within thirty days  of  receiving written  notice  of  the  results  of  the review, appeal such review in writing to the superintendent. Such appeal shall specify the grounds  to be  relied  upon  by  the  appellant.  The  superintendent  shall make a determination and notify the insured within sixty days of receipt of the request for an appeal as to whether he or she finds that the application is made in good faith, that the applicant would be so aggrieved  if  his grounds are established, and that such grounds otherwise justify holding such a hearing. If the superintendent determines that such criteria have been  met  by  the  insured's application, then the superintendent shall hold a hearing on such matter  within  sixty  days  of  receipt  of  the request  for an appeal, but upon no less than ten days written notice to  the parties of the hearing. The superintendent  may  affirm,  modify  or reverse the review of the rate service organization.  (3) Any determination by the superintendent, pursuant to paragraph two of   this   subsection,   shall   be   reviewable  pursuant  to  article seventy-eight of the civil practice law and rules.