New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-4 - Arbitration › Section 65-4.4 - Insurance department arbitration (ida) forum procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notice. If the dispute is subject to IDA arbitration, the parties will be
					 notified by the IDA, in writing, that the dispute will be resolved by
					 arbitration on the basis of written submissions of the parties. All such
					 submissions shall be received by the IDA within 30 calendar days of the date of
					 mailing of the notice. No oral arguments will be permitted. In order to
					 facilitate receipt of evidence by IDA, the parties may forward their
					 submissions prior to receipt of the above notification.
(b) Consolidation. The IDA may consolidate
					 disputes if the claims arose out of the same accident and involve common issues
					 of fact.
(c) Designation of
					 arbitrators. The arbitrator shall be a senior member of the Insurance
					 Department staff designated by the superintendent to serve as an IDA arbitrator
					 and shall not be the same person who attempted to conciliate the
					 dispute.
(d) Qualifications of the
					 arbitrator. Every IDA arbitrator shall be an examiner who regularly administers
					 article 51 of the Insurance Law or an attorney. If the issue in dispute
					 includes a request for an additional attorney's fee pursuant to section
					 65-4.6 
					 of this Subpart, the IDA arbitrator shall be an attorney. No person shall serve
					 as an arbitrator in any arbitration in which such person has any financial or
					 personal interest. An arbitrator shall disclose to the IDA any circumstance
					 which is likely to create an appearance of bias or which might disqualify such
					 arbitrator. Upon receipt of such information, the IDA shall immediately
					 disclose it to the parties. If a party challenges an arbitrator, the specific
					 grounds for the challenge shall be submitted in writing to the superintendent.
					 The superintendent shall determine whether the arbitrator should be
					 disqualified and shall inform the parties of that determination, which shall be
					 conclusive. If an arbitrator should resign, be disqualified or be otherwise
					 unable to perform necessary duties, the superintendent shall designate another
					 arbitrator to resolve the dispute.
(e) Evidence. The arbitrator shall be the
					 judge of the relevancy and materiality of the evidence offered and strict
					 conformity to legal rules of evidence shall not be necessary. The arbitrator
					 may subpoena documents upon the arbitrator's own initiative or upon the request
					 of any party when the issues to be resolved require such documents. Copies of
					 all documents submitted to the arbitrator shall be simultaneously transmitted
					 to the other parties. The arbitrator may raise any issue that the arbitrator
					 deems relevant to making an award that is consistent with the Insurance Law and
					 department regulations.
(f) Form
					 and scope of award. The award, which shall be in writing and signed by the
					 arbitrator, shall state the issues in dispute and contain the arbitrator's
					 findings, conclusions and decision based on the Insurance Law and Insurance
					 Department regulations. In the event that the applicant prevails in whole or in
					 part on the claim, the arbitrator shall also direct the insurer to:
(1) reimburse the applicant for the amount of
					 the filing fee paid, unless the filing fee had already been returned to the
					 applicant;
(2) if due under section 5106  of the Insurance Law, pay a reasonable
					 attorney's fee in accordance with the limitations set forth in section
					 65-4.6 
					 of this Subpart; and
(3) in an
					 award of interest, the arbitrator shall compute the amount due for each element
					 of first-party benefits in dispute, commencing 30 days after proof of claim
					 therefor was received by the insurer and ending with the day of payment of the
					 award, subject to the provisions of section
					 65-3.9(c)
					 and (d)  of this Part (stay of
					 interest).