reglab/statecodes huggingface dataset:
2023 New York Laws › ISC - Insurance › Article 51 - Comprehensive Motor Vehicle Insurance Reparations › 5108 - Limit on Charges by Providers of Health Services.

§  5108.  Limit  on  charges  by providers of health services. (a) The
charges for services specified in paragraph one  of  subsection  (a)  of
section  five  thousand  one hundred two of this article and any further
health service charges which are incurred as a result of the injury  and
which are in excess of basic economic loss, shall not exceed the charges
permissible under the schedules prepared and established by the chairman
of  the  workers'  compensation  board  for industrial accidents, except
where the insurer or arbitrator determines that  unusual  procedures  or
unique circumstances justify the excess charge.
(b)  The  superintendent,  after  consulting  with the chairman of the
workers' compensation  board  and  the  commissioner  of  health,  shall
promulgate  rules  and  regulations  implementing  and  coordinating the
provisions of this  article  and  the  workers'  compensation  law  with
respect  to  charges  for  the professional health services specified in
paragraph one of subsection (a) of section five thousand one hundred two
of this article, including the establishment of schedules for  all  such
services  for  which schedules have not been prepared and established by
the chairman of the workers' compensation board.
(c) No provider of health  services  specified  in  paragraph  one  of
subsection  (a) of section five thousand one hundred two of this article
may demand or request any payment in addition to the charges  authorized
pursuant to this section. Every insurer shall report to the commissioner
of  health  any  patterns  of overcharging, excessive treatment or other
improper actions by a health provider  within  thirty  days  after  such
insurer has knowledge of such pattern.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5201 - Title and Purpose.

§ 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 vehicle to furnish proof of financial security as a
condition  to  registration,  fails  to  accomplish  its full purpose of
securing to innocent victims of motor vehicle accidents  recompense  for
the injury and financial loss inflicted upon them, in that the act makes
no provision for the payment of loss on account of injury to or death of
persons  who,  through  no  fault  of  their own, were involved in motor
vehicle accidents caused by:
(1) uninsured motor vehicles registered in  a  state  other  than  New
York,
(2) unidentified motor vehicles which leave the scene of the accident,
(3) motor vehicles registered in this state as to which at the time of
the accident there was not in effect a policy of liability insurance,
(4) stolen motor vehicles,
(5) motor vehicles operated without the permission of the owner,
(6)  insured  motor  vehicles where the insurer disclaims liability or
denies coverage, and
(7) unregistered motor vehicles.
In addition, this article is intended to provide no-fault  benefits  for
qualified  persons  for  basic  economic loss arising out of the use and
operation in this state of  an  uninsured  motor  vehicle,  as  provided
herein and in the comprehensive motor vehicle insurance reparations act.
The  legislature  determines  that  it is a matter of grave concern that
those persons are not recompensed for their injury  and  financial  loss
inflicted  upon  them and that the public interest can best be served by
closing such gaps in the motor vehicle financial security  act  and  the
comprehensive  motor  vehicle  insurance  reparations  act  through  the
continued  operation  of  the  motor  vehicle  accident  indemnification
corporation.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5203 - Motor Vehicle Accident Indemnification Corporation.

§  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 of its authorization,  shall  be
and remain a member of the corporation.
(c)  The  corporation  shall  be  obligated  to provide the protection
required by this article to a qualified person on  account  of  a  motor
vehicle  accident  caused  by  owners  or  operators  of  motor vehicles
occurring within the state.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5204 - Board of Directors.

§  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
corporation  by  the  members  of the corporation, each of which members
shall have one vote. In addition, the superintendent shall  appoint  two
directors  as  representing  broad  segments  of  the  public;  one such
director shall be a duly licensed insurance  agent  or  broker  and  one
shall have no affiliation with insurers or insurance producers.
(b)  Each  director  shall  serve  for  a  term  of  two years. At the
expiration of the initial term their successors in  office  shall  serve
for terms as fixed in the by-laws of the corporation.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5205 - Liability of Directors and Members.

§  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  liability  except  for  unpaid
assessments.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5206 - Powers of Corporation.

§ 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 to the approval of the superintendent, the
policy or endorsement form to be issued by  the  members  embodying  the
coverage  required  by  subsection  (f)  of  section three thousand four
hundred twenty of this chapter.
(c) To provide for the  investigation  of  any  claim  asserted  by  a
qualified person against a financially irresponsible motorist.
(d)  To  settle  and pay any claim or judgment asserted by a qualified
person against a financially irresponsible motorist.
(e)  To  appear  and  defend,  through  attorneys   representing   the
corporation,  on  behalf of the financially irresponsible motorist or on
behalf of the corporation in any action brought against  him  or  it  as
provided  in subsection (b) of section five thousand two hundred nine of
this article.
(f) To levy and  collect  assessments  against  its  members  for  any
operating deficits of the corporation and for any funds required for its
operation and to enforce payment by legal proceedings.
(g)  To  borrow  for its corporate purposes, with or without security,
and to pledge any of its assets as security  for  such  loan.  Notes  or
other evidences of indebtedness of the corporation are legal investments
for domestic property/casualty insurance companies and may be carried as
admitted assets.
(h)  To  pay  expenses  reasonably  incurred by the corporation in the
exercise of any of its powers.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5207 - Assessments Against Members.

§ 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 corporation for that portion of
the  assessment  which  the  net  direct written premiums written by the
member, namely the gross direct written premiums less return premiums on
such direct business, for  policies  insuring  against  legal  liability
arising out of the ownership, operation or maintenance of motor vehicles
which  are principally garaged in this state, shall bear to the total or
aggregate of such net direct premiums written by  all  members  in  this
state  in the last complete calendar year as shown by the records of the
superintendent.
(c) In this section "member" also includes a former member  which  has
withdrawn  from the state or whose license has been revoked or which has
been merged into another corporation or has been placed in  liquidation,
and  such  member  or  its successor shall be liable for all assessments
under this section based upon premiums written by it in New  York  prior
to the liquidation, withdrawal, revocation of license or merger.
(d)  The  assessment  of  self-insurers  under  sections three hundred
sixteen and three hundred seventy of the vehicle and traffic  law  shall
be based upon the amount determined by dividing the amount of the annual
assessment  on  insurers  by the number of insured vehicles for the year
preceding the determination.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5209 - Investigation and Defense of Claims.

§ 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 defendant and take any other
steps  it  deems appropriate including any appropriate method of review.
All such acts shall be deemed to be the acts of the corporation and  the
defendant.
(c)  Nothing  in  this  article shall deprive a defendant of the right
also to employ counsel and defend the action.
(d) In any case in which the corporation has assumed  the  defense  of
any  action  under  this article, the defendant shall cooperate with the
corporation  in  the  defense  of  the  action.  In  the  event  of  the
defendant's failure to do so, the corporation may apply to the court for
an order directing cooperation.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5210 - Application for Payment of Judgment.

§  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  of the ownership, maintenance or use of the uninsured motor vehicle
in this state, which remains unpaid, and all appeals have been concluded
or the time for commencing them has expired, the judgment  creditor  may
file  a verified petition in the court in which the judgment was entered
and, upon ten days' written notice to the corporation apply to the court
for an order directing payment by the corporation of the  amount  unpaid
on  the  judgment.    However,  there shall be no right of recovery by a
covered person from the corporation for non-economic  loss  unless  such
person  has  incurred  a  serious  injury,  as such terms are defined in
section five thousand one hundred two of this chapter.    Such  judgment
exclusive of interest and costs shall not exceed:
(1) twenty-five thousand dollars on account of injury to one person in
any one accident, and
(2)  fifty  thousand  dollars on account of death to one person in any
one accident, and
(3) fifty thousand dollars on account  of  injury  to  more  than  one
person  in any one accident subject to the limit of twenty-five thousand
dollars for any one person, and
(4) one hundred thousand dollars on account of death to more than  one
person  in  any  one  accident  subject  to  the limit of fifty thousand
dollars for any one person.
(b) The above applicable limit of liability shall be  reduced  by  the
amount of:
(1)    any  collectible  liability  insurance  and available assets or
contribution of the financially irresponsible motorist; and
(2)  any payment received by the qualified person from or on behalf of
any  person  jointly  or   severally   liable   with   the   financially
irresponsible motorist.
(c)  Any  such  judgment  shall  be  regarded  as  excess to any other
collectible   liability   insurance   afforded   to   any    financially
irresponsible motorist.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5211 - Hearing on Application for Payment of Judgment.

§  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 vehicle or operating a motor vehicle in violation of  an
order of suspension or revocation;
(3)  the petitioner has complied with the requirements of section five
thousand two hundred eight of this article;
(4) whether the judgment debtor  at  the  time  of  the  accident  was
insured under a policy of motor vehicle liability insurance or indemnity
bond  under  which the insurer or surety is liable to pay all or part of
the judgment;
(5) the petitioner has obtained a judgment as provided in section five
thousand two hundred ten of this article, the amount of the judgment and
the amount unpaid at the date of the application;
(6) the application is not made by or on  behalf  of  any  insurer  or
surety  liable  for the payment of all or part of the judgment by reason
of any motor vehicle liability insurance policy or  any  indemnity  bond
and  that  no part of the amount to be paid by the corporation is sought
in lieu of making a claim, receiving a payment which is payable  by,  or
to indemnify, such an insurer or surety; and
(7)  whether  he has obtained judgment against any other person liable
for damages for bodily injury or death arising out of the  accident  and
the amounts paid.
(b)  The  corporation  may  appear  and  be heard in opposition to the
petition.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5212 - Order for Payment of Judgment.

§  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 section five thousand two hundred eleven of this article,
  and that the petitioner has fully pursued  and  exhausted  all  remedies
  available   for  recovering  upon  the  judgments  against  all  persons
  mentioned in paragraph seven of subsection (a) of section five  thousand
  two  hundred eleven of this article.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5213 - Settlement of Claims or Actions.

§  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,  after due deliberation, is satisfied that the settlement is fair
and has approved payment, which shall in no event exceed the  applicable
amount  specified  in  section  five  thousand  two  hundred ten of this
article and that:
(1) the claimant has complied  with  the  requirements  prescribed  in
paragraphs one, two and three of subsection (a) of section five thousand
two hundred eleven of this article;
(2)  the  settlement is not made on the behalf of an insurer or surety
under circumstances described in paragraph  six  of  subsection  (a)  of
section five thousand two hundred eleven of this article;
(3)  the  financially  irresponsible motorist involved in the accident
was not insured under a policy of motor vehicle liability  insurance  or
an  indemnity  bond  under which the insurer or surety is liable for the
damages sustained; and
(4) a judgment against the financially  irresponsible  motorist  would
not be collectible within a reasonable time.
(b)  As a condition to the payment of the amount of the settlement the
qualified person, notwithstanding the provisions of title one of article
thirteen of the general obligations law, shall assign his claim  to  the
corporation  which  shall then be subrogated to all of the rights of the
qualified person against the financially irresponsible motorist.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5214 - Default and Consent Judgments.

§  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  the  corporation  receives  notice  of  intention  to  enter
judgment  and  intention to file a claim against the corporation and the
time allowed for filing an answer has expired, the corporation shall  be
granted  a  reasonable  time after the receipt of notice by it to answer
and to defend the action.
(c) If upon a hearing for the  allowance  of  any  claim  against  the
corporation  the court finds that the judgment was entered by default or
with the consent or agreement of the defendant it shall order  that  the
judgment  insofar  as  it  affects  the corporation be set aside and the
corporation permitted to proceed in the action as provided above.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5215 - Collusive Judgments.

§ 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  the
  action,  relating to any matter affecting the cause of action upon which
  the judgment is founded or the amount of damages assessed therein.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5216 - Assignments of Judgments to Corporation.

§  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 assigns the judgment to the corporation.
(b)  After assignment the corporation shall be entitled to enforce the
judgment for the full amount with interest and costs.   Money  collected
on  the  judgment in excess of all amounts paid by the corporation shall
be paid to the judgment creditor.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5217 - "Hit and Run" Causes of Action.

§  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
  injury  to  the  qualified  person  arose out of physical contact of the
  motor vehicle causing the injury with the qualified  person  or  with  a
  motor  vehicle  which  the qualified person was occupying (meaning in or
  upon or entering into or alighting from) at the time of the accident.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5219 - Disclaimer or Denial of Coverage Cases.

§  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  a
  final  judgment  in  favor  of  the  insurer  of  the  owner  based on a
  disclaimer or denial of coverage by the insurer,  the  qualified  person
  may  preserve  his  right  to  apply for payment from the corporation by
  complying with the procedure prescribed in  section  five  thousand  two
  hundred ten of this article.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5220 - Notice of Judgment to Commissioner.

§ 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
  by the corporation.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5221 - "No-Fault" Benefits to Qualified Persons.

§ 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
given them in section five thousand one hundred two of this chapter.
(b)  (1)  Notwithstanding  the  provisions  of   this   article,   the
corporation  shall  also provide for the payment of first party benefits
to a qualified person for basic economic loss arising out of the use  or
operation in this state of an uninsured motor vehicle.
(2)  A  qualified  person  who  has  complied  with all the applicable
requirements of this article shall be deemed to be a covered person  and
shall  have  only such rights as a covered person may have under article
fifty-one of this chapter.
(3) The corporation shall have only those rights and obligations which
are applicable to an  insurer  subject  to  article  fifty-one  of  this
chapter.
(4)  No  payment  for non-economic loss shall be made pursuant to this
article to a covered person unless such person has  incurred  a  serious
injury,  as  such terms are defined in section five thousand one hundred
two of this chapter.
(5) The corporation shall not duplicate any element of basic  economic
loss provided for under this section or any section of article fifty-one
of  this chapter. No payments of first party benefits for basic economic
loss made pursuant to this section shall diminish the obligations of the
corporation under this article for the payment of non-economic loss  and
economic loss in excess of basic economic loss.
(6)  If  a  controversy  arises between the corporation and an insurer
concerning the obligation to pay first party benefits, payment of  first
party benefits by the corporation shall not be stayed pending resolution
of  the  controversy.  Any  such controversy shall be solely resolved by
submission to mandatory arbitration pursuant to  procedures  promulgated
or  approved by the superintendent. Such procedures shall, to the extent
practicable, be those applicable to insurers pursuant  to  section  five
thousand one hundred five of this chapter.
(c)  The  corporation  shall  continue  to  comply  with  the  plan of
operation  approved  by  the  superintendent,  which  provides  for  the
economical, prompt and fair payment of first party benefits to qualified
persons  in substantially the same manner as is required of insurers and
self-insurers by article fifty-one of this chapter  and  regulations  of
the  superintendent. The plan may provide for the corporation to utilize
the service of authorized insurers in the payment of  claims  for  first
party  benefits.  Amendments to the plan of operation may be made on the
initiative  of  the  directors,  subject  to   the   approval   of   the
superintendent, or shall be made at the direction of the superintendent.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5224 - Penalty for False Statements.

§  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
  conviction  therof  shall  be  subject  to  a fine of not less than five
  hundred  dollars,  nor  more  than  twenty-five  hundred   dollars,   or
  imprisonment for not more than thirty days.
2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5225 - Exemption From Taxation.

§  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,
  municipal or local taxation to the same extent according to its value as
  other  similar  real property is taxed and that the corporation shall be
  subject to the fees imposed pursuant to section two hundred two  of  the
  vehicle and traffic law.
2023 New York Laws › ISC - Insurance › Article 53 - Motor Vehicle Insurance Assigned Risk Plans › 5301 - Participation in Assigned Risk Plans.

§  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
insurers,  for equitable apportionment among such insurers of applicants
for such insurance who are in good faith entitled to but are  unable  to
procure it through ordinary methods.
(b)  Amendments to the plan may be made by the committee designated to
administer the plan, subject to the approval of the  superintendent,  or
shall be made at the direction of the superintendent.
2023 New York Laws › ISC - Insurance › Article 53 - Motor Vehicle Insurance Assigned Risk Plans › 5302 - Administration.

§  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 the public obtaining insurance through the plan.
(b)  Such  committee  shall  establish  for  the benefit of applicants
standards of service of participating insurers including timely issuance
of policies, certificates and endorsements,  financial  security  forms,
and the collection of required deposits.
2023 New York Laws › ISC - Insurance › Article 53 - Motor Vehicle Insurance Assigned Risk Plans › 5303 - Coverage.

§  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 person, up to one hundred thousand dollars because of
bodily injury to or death of two or more persons in  any  one  accident,
and  up  to  ten thousand dollars because of injury to or destruction of
property of others in any one accident; and
(2) loss or damage to an automobile insured under a policy, up to  ten
thousand  dollars actual cash value, subject to a deductible of not less
than one hundred dollars; provided, however, that  the  physical  damage
insurance  for a private passenger automobile shall be subject to all of
the provisions of sections  two  thousand  three  hundred  thirty-seven,
three  thousand  four  hundred  eleven  and  three thousand four hundred
thirty-two of this chapter; and
(3) medical payments with respect to private passenger motor  vehicles
not  for  hire,  irrespective  of  the  legal  liability of the insured,
because of bodily injury to or death of any person  insured  thereunder,
up to one thousand dollars; and
(4)   supplementary  uninsured  motorists  insurance,  as  defined  in
subsection (f) of section three thousand four  hundred  twenty  of  this
chapter.
(b)  Any  such  plan  shall  provide for availability to applicants of
twice the dollar level of first party  benefits  prescribed  in  section
five  thousand one hundred three of this chapter; and commensurate first
party benefits for personal injury arising out of the use  or  operation
of a motor vehicle in any other state or Canadian province.
(c)  Such  plan  shall  provide  for  the method of classifying risks,
establishing territories  and  making  rates  applicable  thereto.  Such
rates,  except with respect to rates for the minimum limits of insurance
required by article six or seven of the vehicle and traffic  law,  shall
be  based upon loss and expense experience of the risks insured pursuant
to the plan.
2023 New York Laws › ISC - Insurance › Article 53 - Motor Vehicle Insurance Assigned Risk Plans › 5304 - Appeals; Process of Claims.

§  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 participating insurers shall maintain an office in this  state
or establish a communications system by direct toll free telephone line,
or otherwise, to conveniently process claims of the insureds.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5403 - Procedures.

§  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) of section five thousand four hundred two of this article
and  homeowners  insurance upon a determination of necessity having been
made by the  superintendent  pursuant  to  section  five  thousand  four
hundred  twelve  of this article from an authorized insurer, is entitled
to apply to the association for such coverage. Such application  may  be
made on behalf of an applicant by a broker or agent authorized by him.
(b)  If  the association determines that (i) the property is insurable
in accordance with the plan and (ii) there  is  no  unpaid,  uncontested
premium  due  from the applicant for prior insurance on the property (as
shown by the insured having failed to make written objection to  charges
within  thirty days after billing), the association, upon receipt of the
premium or portion prescribed in the plan, shall cause a policy of  fire
insurance  or  homeowners  insurance  upon  a determination of necessity
having been made by the superintendent pursuant to section five thousand
four hundred twelve of this article to be issued for a term of one year.
The fire insurance policy shall also include, upon application therefor,
extended coverage, broad form coverage pursuant  to  subsection  (g)  of
section  five thousand four hundred two of this article and coverage for
additional perils as may be requested.
(c) Any member may cede fire insurance, extended coverage, broad  form
coverage  pursuant  to  subsection  (g)  of  section  five thousand four
hundred two of this article  and  coverage  for  additional  perils  and
homeowners  insurance upon a determination of necessity having been made
by the superintendent pursuant to section  five  thousand  four  hundred
twelve  of this article written on insurable property to the association
as provided in the plan.
(d) The association shall notify  those  policyholders  whose  insured
properties  are  located  in areas served by a market assistance program
established by  the  superintendent  for  the  purpose  of  facilitating
placement of homeowners' insurance of the possibility of eligibility for
coverage   through   such   program.  Such  notification  shall  include
information on how to apply and such other information  as  required  by
the superintendent.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5404 - Rates, Rating Plans, Rules and Statistics.

§  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
this section.
(b) Rates, rating plans and rating rules applicable to fire insurance,
extended  coverage,  additional  perils, broad form coverage pursuant to
subsection (g) of section five thousand four hundred two of this article
and homeowners insurance upon a determination of necessity  having  been
made  by  the  superintendent  pursuant  to  section  five thousand four
hundred twelve of this article written by the association  shall  be  no
greater  than  the  following  percentages  of those recommended for the
voluntary market by the principal  rate  service  organization  in  this
state:
(1) one hundred twenty percent with respect to:
(A)  owner-occupied  residential dwellings consisting of not more than
four dwelling units;
(B) household furnishings  and  personal  property  contained  in  any
household unit;
(C)  contents  of  any  retail-type  business  located  in  store-type
premises and operating in a single location, provided such  business  is
owned by its operators, who are all related by blood or affinity;
(D)  real  property  of eleemosynary institutions used exclusively for
such eleemosynary purposes including furnishings and  personal  property
contained therein;
(2) one hundred thirty percent with respect to:
(A)  non-owner  occupied  residential dwellings consisting of not more
than four dwelling units;
(B) residential structures  consisting  of  more  than  four  but  not
exceeding eight units with or without business occupancies;
(C) homeowners insurance upon a determination of necessity having been
made  by  the  superintendent  pursuant  to  section  five thousand four
hundred twelve of this article;
(3) one hundred forty percent with respect  to  residential  dwellings
consisting  of  more than eight dwelling units, with or without business
occupancies;
(4) one hundred thirty percent with respect to any risks not otherwise
provided for in paragraphs one, two and three of this subsection.
(c) The rates, rating  plans  and  rating  rules  recommended  by  the
principal   rate   service   organization,   together  with  such  other
information the superintendent may require, shall be  submitted  by  the
association  at  least sixty days prior to the date on which they are to
become effective for risks written by it.
(d) Filed  rating  rules  or  plans  may  provide  standards  for  the
application  of  surcharges  for  risks  containing  unsafe or hazardous
conditions, and shall provide for prompt removal of the surcharges  upon
the elimination of those conditions.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5406 - Appeals.

§  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 respect to those items the plan of operation defines as  appealable
  matters.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5407 - Availability of Reports; Immunity.

§  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 agents or employees, an insurer or the superintendent
or his authorized representatives for any statements made in good  faith
by  them in any reports or communications concerning risks insured or to
be insured by the association or at any related administrative hearings.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5408 - Annual Statement.

§  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
transactions, condition, operations and  affairs  during  the  preceding
year.
(b)  The  superintendent  may  at  any time require the association to
furnish additional information which he  considers  to  be  material  in
evaluating the scope, operation and experience of the association.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5409 - Examinations.

§  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
  association  in  the  manner prescribed by subsection (f) of section two
  hundred six of the financial services law.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5410 - Reimbursement Fund.

§  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
agency  of  the federal government administering the act in an aggregate
amount not to exceed five per centum of the aggregate property insurance
premiums earned in the state during the preceding calendar year on those
lines of insurance reinsured under such act during the calendar year.
(b) The total amount of any assessment on each such member shall be in
the proportion that the premiums earned during  the  preceding  calendar
year  by  each  such member in this state bear to the aggregate premiums
earned in this state during the preceding calendar year on  those  lines
of  insurance reinsured under the federal act during the current year by
all members of the association. Assessments shall  be  collectible  from
all  members  on  and  after  the forty-fifth day following receipt of a
claim from the federal agency.
(c) The  superintendent  shall  receive  all  assessments  payable  on
account of the claim of the federal agency and make all disbursements in
carrying out this section from the riot reinsurance revolving fund which
is   continued.  Notwithstanding  any  other  law,  rule  or  regulation
requiring that money received for or on behalf of  the  state  shall  be
paid  into  the  state  treasury,  the  superintendent shall deposit the
assessments in a separate bank account or accounts in a trust company or
bank having trust powers within the state. All deposits shall be secured
by obligations of the United States or this  state  and  all  banks  and
trust  companies are authorized to give the same. The monies of the fund
may, at the discretion of the superintendent, be invested in obligations
of or guaranteed by this state or  the  United  States.  Any  income  or
earnings derived from such investments shall be deposited in the fund.
(d)  The  monies  in  the  fund  shall  be  paid  on  the order of the
superintendent  solely  for  reimbursement  payments  as   provided   in
subsection  (a)  hereof after any investigation the superintendent deems
appropriate  to  verify  the  correctness  of  the  claim.  Any  balance
remaining  shall  be retained by the superintendent in the fund and used
only for the purpose of meeting future claims of the federal agency.
(e) The superintendent may at any time require any member  to  furnish
information  he  deems necessary to determine if the member has complied
with the provisions of this section.
(f) The comptroller shall have the power and authority  to  audit  the
accruals,  the  receipts, the payments and the expenditure of all monies
of the fund.
2023 New York Laws › ISC - Insurance › Article 54 - New York Property Insurance Underwriting Association › 5414 - Coastal Market Assistance Program (C-Map).

§ 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 companies for
those personal residential property risks located in coastal areas.
(b)  To  provide  the  association with advice and assistance with the
operations of the coastal market  assistance  program,  a  C-MAP  agents
advisory  council  shall  be  established,  consisting  of  nine members
appointed as follows: three members shall be appointed by the  governor,
two members shall be appointed by the temporary president of the senate,
two  members  shall  be  appointed  by  the speaker of the assembly, one
member shall be appointed by the minority leader of the senate, and  one
member  shall  be  appointed  by  the  minority  leader of the assembly,
provided however that each member shall be  an  insurance  producer,  as
defined  in  article  twenty-one  of this chapter, who sells homeowners'
insurance in an area served by the coastal  market  assistance  program.
The  superintendent,  or his or her designee, also may participate as an
ex-officio member. Each member of such advisory council shall  serve  at
the pleasure of the official who appointed such member.
(c)  The  association  shall  administer the coastal market assistance
program. The association may, subject to approval of the superintendent,
adopt reasonable eligibility standards for participation in the  coastal
market assistance program.
(d) The C-MAP agents advisory council shall provide recommendations to
the  association  for consideration by the board of directors. The board
of directors shall promptly advise the superintendent,  in  writing,  of
any recommendations received from the C-MAP agents advisory council.
(e)  The  association  shall  study  and  may adopt a voluntary single
adjuster  program,  under  which  a  residence  insured  under  both  an
association  and  a  private  market policy would have claims under both
policies adjusted by the private market  carrier.  The  association  may
adopt  other  incentives  to  encourage  voluntary  participation in the
coastal market assistance  program,  subject  to  the  approval  of  the
superintendent.
2023 New York Laws › ISC - Insurance › Article 55 - Medical Malpractice Insurance Association › 5501 - Definitions.

§ 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 arising out of the death or injury of any
person due to medical, dental, podiatric, certified  nurse-midwifery  or
hospital  malpractice  by  any  licensed physician, dentist, podiatrist,
certified  nurse-midwife,  certified  registered  nurse  anesthetist  or
hospital.
(c) "Hospital" means:
(1)  Any  facility  defined  as  a hospital under section twenty-eight
hundred one of the public health law and issued an operating certificate
as a hospital or nursing home, and those distinct parts  of  a  facility
which  are  subject to the powers of visitation, examination, inspection
and investigation of the department  of  mental  hygiene  which  provide
hospital or nursing home service.
(2)  Any  ambulance  service  which  is  registered or certified under
article thirty of the public  health  law  and  which  is  designed  and
equipped  to provide definitive acute medical care pursuant to rules and
regulations of the  commissioner  of  health  in  accordance  with  such
article concerning the requirements for an advanced life support system.
Such  a  service  must  include, but not be limited to, the provision of
advanced life support services.
(3) Any community mental health center operated  by  a  county,  city,
town or village, holding an operating certificate issued by an office of
the department of mental hygiene.
(4)  Any  certified  public  or voluntary non-profit home care service
agency which possesses a valid  certificate  of  approval  issued  under
article twenty-eight or thirty-six of the public health law.
(d)  "Net  direct  premiums"  means  gross  direct premiums written on
personal injury liability insurance, including the  liability  component
of  multiple  peril  package policies as computed by the superintendent,
less return premiums for the unused or unabsorbed  portions  of  premium
deposits.
(e) "Personal injury liability insurance" means all forms of insurance
written  under  paragraph  thirteen  of  subsection  (a)  of section one
thousand one hundred thirteen of this chapter, including  the  liability
component of multiple peril package policies.
2023 New York Laws › ISC - Insurance › Article 55 - Medical Malpractice Insurance Association › 5503 - Plan of Operation.

§  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.
(b)  The plan shall contain other provisions including but not limited
to preliminary assessment of all members for initial expenses  necessary
to   commence   operations,   establishment   of  necessary  facilities,
management of the association, assessment of members  to  defray  losses
and  expenses,  service  charges, acceptance and cession of reinsurance,
appointment of servicing carriers or other  servicing  arrangements  and
procedures  for  determining  amounts of insurance to be provided by the
association.
(c) Amendments to the plan of operation may be made by  the  board  of
directors   of   the   association,  subject  to  the  approval  of  the
superintendent, or shall be made at the direction of the superintendent.
(d) The association shall be subject to the provisions of this chapter
applicable to property/casualty insurers in the conduct of its business,
in order  to  provide  for  the  fair  treatment  of  policyholders  and
claimants.
(e)  The  association shall make the lump sum payments provided for in
subdivision (b)  of  section  five  thousand  thirty-six  of  the  civil
practice  law  and rules and receive the periodic payments due under the
annuity contract provided for therein.