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Coverage Pointers - Volume 0, No. 0

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10/21/03          IN THE MATTER OF MEDICAL SOCIETY v SERIO

New York State Court of Appeals

New York High Court Upholds Major Anti-Fraud Amendments to No-Fault Regulations

Ending a four year court battle, the New York Court of Appeals has affirmed lower court decisions sustaining substantially revised No-Fault regulations adopted by the Superintendent of Insurance designed to combat fraud. The Court recognized that the Superintendent determined that the revised regulations are the most effective means of advancing the legislative intent of providing prompt payment of benefits as the loss is incurred, while reducing rampant abuse. That being so, this Court decided it would not substitute its judgment for that of the Superintendent, but may determine only whether the Superintendent acted within the scope of his lawfully delegated authority. Since the Superintendent’s determination was neither irrational nor unreasonable, neither arbitrary nor capricious, the regulations must be upheld.

 

Among other changes, the revised Regulation 68 reduces the time permitted to provide notice of a claim from 90 to 30 days, and reduces the time permitted to submit proofs of claim from 180 to 45 days.

 

 

 

Hurwitz & Fine, P.C. is a full-service law firm
providing legal services throughout the State of New York.

 

Newsletter Editor

Kevin T. Merriman

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Insurance Coverage Team

Dan D. Kohane, Team Leader

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Michael F. Perley

Kevin T. Merriman

Phyllis A. Hafner

Audrey A. Barr

 

Fire, First Party & Subrogation Team

James D. Gauthier, Team Leader

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Donna L. Burden

Andrea Schillaci

Jody E. Briandi

 

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