New York State Seal
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004

George E. Pataki
Governor

Gregory V. Serio
Superintendent

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.