The Office of General Counsel issued the following informal opinion on August 8, 2000, representing the position of the New York State Insurance Department.
RE: Subrogation Information
Does the New York State Insurance Department require a plaintiff in subrogation to furnish his social security number and date of birth to his adversarys carrier as a condition to the opening of negotiation?
The New York State Insurance Department does not require the furnishing of the above-cited information. It does, however, require that a claim be settled promptly pursuant to Department Regulation 64. N.Y. Comp. Codes R. & Regs. tit. 64, § 216 (1995).
You state that your company presented a claim for subrogation to a third party administrator ("TPA") representing a carrier, after which the TPA requested certain information about your client. You have refused to provide that information and the TPA has refused to enter into negotiation without that information. Your adversary claims that the New York State Insurance Department mandates furnishing that information.
While the New York State Insurance Department does not require a plaintiff in subrogation to furnish his social security number and date of birth to his adversarys carrier, it does require that a claim be settled promptly pursuant to N.Y. Comp. Codes R. & Regs. tit. 64, § 216 (1995). Therefore, if a subrogation carrier can demonstrate that the information requested is necessary to it in its defense of the subrogation claim, then that information must be furnished as requested. Where the TPA cannot demonstrate that the information it seeks is necessary in its defense of subrogation claim, its subsequent failure to engage in negotiation will not serve as a defense to the subrogation carrier against a charge of violation of Regulation 64.
For further information you may contact Associate Attorney Nicholas C. Silletti at the New York City Office.