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The Office of General Counsel issued the following opinion on October 28, 2003 representing the position of the New York State Insurance Department.

RE: Time Frame for Payment or Denial of Automobile Claims

Question Presented

Does New York Insurance Law provide the time within which an insurer must pay or deny a claim by a first party for physical damage to an automobile?

Conclusion

Yes, N.Y. Comp. Codes R. & Regs. tit. 11 § 216.6 (1982) (Reg. 64) and N.Y. Comp. Codes R. & Regs. tit. 11

§ 216.7 (1982) (Reg. 64), set forth time frames in which an insurer must either pay such a claim; notify the claimant that additional time is needed for investigation, and state the reasons why; or reject the claim.

Facts

No additional facts were provided in addition to the above fact pattern.

Analysis

Pursuant to N.Y. Comp. Codes R. & Regs. tit. 11 § 216.6 (1982) (Reg. 64) and N.Y. Comp. Codes R. & Regs. tit. 11 § 216.7 (1982) (Reg. 64), the insurer has specific deadlines to meet when processing a claim made by a first party for physical damage to an automobile. The preceding sections set forth time frames in which an insurer must either pay such a claim; notify the claimant that additional time is needed for investigation, and state the reasons why; or reject the claim.

For further information one may contact Senior Attorney Susan Dess at the New York City Office.

 

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