§ 3415 — Supplemental claim form to be submitted for certain fire loss claims in excess of ten thousand dollars in a city with a population of one...

New York § 3415

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 34: Insurance Contracts-property/casualty

Text

§ 3415. Supplemental claim form to be submitted for certain fire loss\nclaims in excess of ten thousand dollars in a city with a population of\none million or more persons. (a) For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (1) "Supplemental claim form" means a form which shall be established\nby the superintendent and which shall be used as provided in this\nsection for fire loss claims. The superintendent shall, within one\nhundred twenty days, promulgate regulations for the implementation of\nthe supplemental claim form as provided herein.\n (2) "Local fire investigation agency" or "agency" means an officer or\nagency of a city with a population of one million or more persons\ndesignated by the mayor of such city.\n (3) "Fire loss claim" means a claim for fire loss in excess of ten\nthousand dollars under a policy covering real property located in a city\nwith a population of one million or more persons, property permanently\naffixed to such real property or personal property, except motor\nvehicles, located on or within such real property against the perils of\nfire or explosion which is issued or issued for delivery in this state.\n (b) Within thirty days after the effective date of this section, the\nmayor of a city with a population of one million or more persons shall\ndesignate a local fire investigation agency. Within sixty days after\nsuch designation the local fire investigation agency shall establish and\nshall thereafter maintain a central registry of those fires and\nexplosions in such city which have been determined to be incendiary.\n (c) All fire loss claims filed by an insured or an insured's\nrepresentative after the effective date of a regulation promulgated by\nthe superintendent establishing a supplemental claim form shall be\nsubject to the provisions of this section.\n (d) Within seven days after the receipt of a fire loss claim, the\ninsurer shall contact the central registry maintained by the local fire\ninvestigation agency for information as to whether the fire or explosion\nwhich is the subject of the claim has been determined to be incendiary.\n (e) Within seven days after the receipt of such request the local fire\ninvestigation agency shall advise the insurer whether or not the fire or\nexplosion has been determined to be incendiary. If within such seven day\nperiod the agency advises the insurer that the fire or explosion has\nbeen determined to be incendiary, unless the insurer is reasonably\nsatisfied that neither the insured nor any of its agents, officers,\ndirectors, or persons in control of or controlled by the insured\nintentionally started the fire or cause the explosion or acted in\nconcert with another individual to start the fire or cause the\nexplosion, the insurer shall require the insured to submit a\nsupplemental claim form and shall withhold payment of the claim until a\ncompleted supplemental claim form has been received.\n (f) The withholding of any payment pursuant to this section shall not\nconstitute an unfair claim settlement practice within the meaning of\nsection two thousand six hundred one of this chapter or any implementing\nregulation thereof.\n (g) Within twenty days after receiving a completed supplemental claim\nform from an insured, the insurer shall file a copy with the local fire\ninvestigation agency.\n (h) Supplemental claim forms shall not be subject to public disclosure\nunder the freedom of information law or any other law which requires\npublic disclosure of records maintained by a governmental agency.\n (i) The supplemental claim form shall require the insured to provide\nthe insurer with the following information:\n (1) the name and address of the insured and of all persons with an\ninterest of five percent or more in the proceeds of the claim;\n (2) the names and addresses of all persons with an ownership interest\nin the property, any mortgagee, vendee in possession, receiver, executor\nor trustee;\n (3) if any of the persons described in paragraphs one and two of this\nsubsection is a trustee, the names and addresses of the beneficiaries of\nthe trust;\n (4) if any of the persons described in paragraphs one and two of this\nsubsection is a partnership, the names and addresses of all the\npartners, including limited partners;\n (5) if any of the persons described in paragraphs one and two of this\nsubsection is a corporation (other than a banking organization as\ndefined in section two of the banking law, a national bank association,\na federal savings and loan association, the mortgage facilities\ncorporation, savings bank life insurance fund, the savings bank\nretirement system, an authorized insurer as defined in section one\nhundred seven of this chapter or a trust company or other corporation\norganized under the laws of this state all the capital stock of which is\nowned by at least twenty savings banks or by at least twenty savings and\nloan associations or a subsidiary corporation all of the capital stock\nof which is owned by such trust company or other corporation or a\ncorporation the shares of which are listed on a national securities\nexchange or regularly quoted in over-the-counter market by one or more\nmembers of a national or affiliated securities association) the names\nand addresses of all officers, directors and persons having an interest\nin more than ten percent of the issued and outstanding stock of the\ncorporation.\n (j) For the purposes of section 176.05 of the penal law, a\nsupplemental claim form shall be considered to be a part of a claim for\npayment or benefit pursuant to an insurance policy and the information\nrequired in such form shall be considered to be material thereto.\n