New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-2 - Supplementary Uninsured/underinsured Motorists Insurance › Section 60-2.4 - Arbitration of sum claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 arbitration involving SUM coverage under the endorsement prescribed in section
					 60-2.3 
					 of this Subpart shall be administered by an organization designated by the
					 superintendent and conducted in accordance with procedures established by the
					 designated organization and approved by the superintendent. Every request for
					 arbitration of SUM disputes shall be filed directly with the designated
					 organization.
(b) Qualifications of
					 SUM arbitrators for hearings to be held in New York State.
(1) SUM Arbitrator Screening Committee. The
					 superintendent will appoint an advisory committee of six members who will
					 review the qualifications of applicants for the position of SUM arbitrator for
					 hearings to be held in this State and review the performance of the appointed
					 arbitrators. This committee shall make recommendations to the superintendent
					 pertaining to the appointment and dismissal of SUM arbitrators. The committee
					 shall consist of one representative of the New York State Bar Association, one
					 representative of the New York State Trial Lawyers Association, two
					 representatives of motor vehicle insurers, a non-voting representative of the
					 designated organization and a non-voting representative of the superintendent.
					 Tie votes shall be recorded as such to the superintendent.]
(2) A SUM arbitrator shall be an attorney,
					 licensed to practice law in this State, with at least ten years of experience
					 that the superintendent and SUM Arbitrator Screening Committee have determined
					 qualifies the attorney to review and resolve the issues involved in SUM
					 disputes. The SUM Arbitrator Screening Committee, subject to the approval of
					 the superintendent, shall establish any additional qualifications for the
					 position of SUM arbitrator. An applicant for the SUM arbitrator position shall
					 submit documentation of experience along with an application to the
					 superintendent and the SUM Arbitrator Screening
Committee. An arbitrator candidate shall disclose to the
						superintendent any circumstance that is likely to create an appearance of bias
						of that might disqualify the person as an arbitrator and the superintendent
						will determine whether the candidate should be disqualified.
(3) Every SUM arbitrator shall be appointed
					 by, and serve at the pleasure of, the superintendent. Subsequent to reviewing
					 the recommendations of the SUM Arbitrator Screening Committee, the
					 superintendent will forward the names of all appointed or renewed arbitrators
					 and promptly inform the designated organization of all additions to, or
					 deletions from, the panel.
(4) No
					 person shall, during the period of appointment as an arbitrator, have any
					 practice or professional connection with any firm or insurer involved in any
					 degree with motor vehicle insurance or negligence law.
(5) No person shall, during the period of
					 appointment as an arbitrator, have any practice or professional connection with
					 any firm or insurer involved in any degree with motor vehicle insurance or
					 negligence law.