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The office of General Counsel issued the following informal opinion on July 6, 2000, representing the position of the New York State Insurance Department.

Re: Unfair Claim Settlement Practices

This is in response to your recent request for "additional information or explanation with respect to Insurance Law §2601(a)(2-3)." Specifically, you asked for "documentation which further explains/defines what amounts to reasonable promptness." Please be advised that the footnotes that follow the statute contain references to other sections of the N.Y. Ins. Law (McKinney 1985 & Supp. 2000) and to N.Y. Comp. Codes R. & Regs. tit. 11 that should be helpful to you. They include: N.Y. Ins. Law §§3216, 3407, 3408, 3413, and 3420(McKinney 1985 & Supp. 2000), as well as N.Y. Comp. Codes R. & Regs. tit. 11, §§65.6, 65.15, 62-3.0 et. seq. and Part 216. You might also want to check New York case law for the courts’ interpretation of the statute.

For further information you may contact Associate Attorney Joan Siegel at the New York City Office.

Department of Financial Services

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