OGC Op. No. 09-06-10
The Office of General Counsel issued the following opinion on June 24, 2009, representing the position of the New York State Insurance Department.
RE: Examinations Under Oath of Assignees
May an insurer, when requesting verification in the form of an examination under oath of an assignee of no-fault personal injury protection (“PIP”) benefits, require a corporate assignee to designate a specific person to be examined?
No. Neither the Insurance Law nor the regulations promulgated thereunder permit an insurer to require that a corporate assignee of no-fault benefits designate a specific person of the insurer’s choice to submit to an examination under oath.
The question is of a general nature, without reference to specific facts.
Under Section 65-1.1 of the New York Comprehensive Codes, Rules & Regulations (“NYCRR”), Title 11, Part 65 (Regulation 68), which prescribes the No-Fault Mandatory Personal Injury Protection Endorsement, the “Conditions” section contains a “Proof of Claim” provision that is relevant to the inquiry. That regulatory provision reads, in pertinent part, as follows:
upon request by the Company, the eligible injured person or that person’s assignee or representative shall:
* * *
(b) as may reasonably be required submit to examinations under oath by any person named by the Company and subscribed the same;…
The inquirer asks whether the Insurance Law or the regulations promulgated thereunder require that a corporate entity or partnership submit a particular person specified by the insurer to an examination under oath. The Insurance Law is silent on the matter. And the reference to “any person named by the Company and subscribed the same” in 11 NYCRR
Nevertheless, pursuant to 11 NYCRR
For further information, you may contact Associate Counsel Alexander Tisch at the New York City Office.