Section 340. Report of claims that may result in a monetary award  


Latest version.
  • (a)
      Definition; for the purposes of this section:
        "Central reporting organization" shall mean any entity which  receives
      from,  assimilates  or  disseminates  information  to  insurers  or  the
      department of social services regarding bodily  injury,  wrongful  death
      and death benefits.
        (b)  Insurers  shall  report  within  a reasonable period of time to a
      central reporting organization of its  choosing  all  claims  filed  for
      bodily  injury, wrongful death and death benefits under any policy which
      provides coverage for liability for injury to person, except claims  for
      medical  malpractice,  workers'  compensation or other similar insurance
      required by law, and comprehensive motor vehicle  insurance  reparations
      benefits.   The central reporting organization shall in turn report this
      information to the department of social services.
        (c) An insurer shall be deemed to  be in compliance with this  section
      if  such  information was reported within a reasonable period of time to
      the central reporting organization with which the insurer contracts.
        (d) In the absence of fraud or bad faith for failure to make  or  file
      any  report  pursuant to this section, no person subject to this section
      or acting under authority of this section  shall  be  subject  to  civil
      liability,  and no civil cause of action shall arise against such person
      for the furnishing of any information pursuant to this section.  Nothing
      herein shall abrogate or  modify  in  any  way  an  immunity  privilege,
      provided in statute or by common law.
        (e)  No  person  making  any  report pursuant to this section shall be
      compelled to provide such information, or any  report  thereof,  to  the
      superintendent.
        (f)  Insurers  or  central reporting organizations complying with this
      section shall have immunity in accordance  with  provisions  of  section
      50.20 of the criminal procedure law.
        (g) Personally identifying information about applicants and recipients
      of  public assistance obtained through the establishment or operation of
      any reporting program established by this section by the  department  of
      social  services,  social services districts or by a contractor shall be
      kept confidential in accordance with section one hundred  thirty-six  of
      the  social services law and the regulations of the department of social
      services.