2006 New York Code - 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 Million Or M

 
    §  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  million  or more persons. (a) For the purposes of this section, the
  following terms shall have the following meanings:
    (1) "Supplemental claim form" means a form which shall be  established
  by  the  superintendent  and  which  shall  be  used as provided in this
  section for fire loss  claims.  The  superintendent  shall,  within  one
  hundred  twenty  days,  promulgate regulations for the implementation of
  the supplemental claim form as provided herein.
    (2) "Local fire investigation agency" or "agency" means an officer  or
  agency  of  a  city  with  a  population  of one million or more persons
  designated by the mayor of such city.
    (3) "Fire loss claim" means a claim for fire loss  in  excess  of  ten
  thousand dollars under a policy covering real property located in a city
  with  a  population of one million or more persons, property permanently
  affixed to  such  real  property  or  personal  property,  except  motor
  vehicles,  located on or within such real property against the perils of
  fire or explosion which is issued or issued for delivery in this state.
    (b) Within thirty days after the effective date of this  section,  the
  mayor  of  a city with a population of one million or more persons shall
  designate a local fire investigation agency.  Within  sixty  days  after
  such designation the local fire investigation agency shall establish and
  shall  thereafter  maintain  a  central  registry  of  those  fires  and
  explosions in such city which have been determined to be incendiary.
    (c) All  fire  loss  claims  filed  by  an  insured  or  an  insured's
  representative  after  the effective date of a regulation promulgated by
  the superintendent establishing  a  supplemental  claim  form  shall  be
  subject to the provisions of this section.
    (d)  Within  seven  days  after  the receipt of a fire loss claim, the
  insurer shall contact the central registry maintained by the local  fire
  investigation agency for information as to whether the fire or explosion
  which is the subject of the claim has been determined to be incendiary.
    (e) Within seven days after the receipt of such request the local fire
  investigation agency shall advise the insurer whether or not the fire or
  explosion has been determined to be incendiary. If within such seven day
  period  the  agency  advises  the insurer that the fire or explosion has
  been determined to be  incendiary,  unless  the  insurer  is  reasonably
  satisfied  that  neither  the  insured  nor any of its agents, officers,
  directors, or persons  in  control  of  or  controlled  by  the  insured
  intentionally  started  the  fire  or  cause  the  explosion or acted in
  concert  with  another  individual  to  start  the  fire  or  cause  the
  explosion,   the   insurer   shall  require  the  insured  to  submit  a
  supplemental claim form and shall withhold payment of the claim until  a
  completed supplemental claim form has been received.
    (f)  The withholding of any payment pursuant to this section shall not
  constitute an unfair claim settlement practice  within  the  meaning  of
  section two thousand six hundred one of this chapter or any implementing
  regulation thereof.
    (g)  Within twenty days after receiving a completed supplemental claim
  form from an insured, the insurer shall file a copy with the local  fire
  investigation agency.
    (h) Supplemental claim forms shall not be subject to public disclosure
  under  the  freedom  of  information law or any other law which requires
  public disclosure of records maintained by a governmental agency.
    (i) The supplemental claim form shall require the insured  to  provide
  the insurer with the following information:
    (1)  the  name  and  address of the insured and of all persons with an
  interest of five percent or more in the proceeds of the claim;
    (2) the names and addresses of all persons with an ownership  interest
  in the property, any mortgagee, vendee in possession, receiver, executor
  or trustee;
    (3)  if any of the persons described in paragraphs one and two of this
  subsection is a trustee, the names and addresses of the beneficiaries of
  the trust;
    (4) if any of the persons described in paragraphs one and two of  this
  subsection  is  a  partnership,  the  names  and  addresses  of  all the
  partners, including limited partners;
    (5) if any of the persons described in paragraphs one and two of  this
  subsection  is  a  corporation  (other  than  a  banking organization as
  defined in section two of the banking law, a national bank  association,
  a   federal  savings  and  loan  association,  the  mortgage  facilities
  corporation,  savings  bank  life  insurance  fund,  the  savings   bank
  retirement  system,  an  authorized  insurer  as  defined in section one
  hundred seven of this chapter or a trust company  or  other  corporation
  organized under the laws of this state all the capital stock of which is
  owned by at least twenty savings banks or by at least twenty savings and
  loan  associations  or a subsidiary corporation all of the capital stock
  of which is owned by such  trust  company  or  other  corporation  or  a
  corporation  the  shares  of  which  are listed on a national securities
  exchange or regularly quoted in over-the-counter market by one  or  more
  members  of  a  national or affiliated securities association) the names
  and addresses of all officers, directors and persons having an  interest
  in  more  than  ten  percent  of the issued and outstanding stock of the
  corporation.
    (j)  For  the  purposes  of  section  176.05  of  the  penal  law,   a
  supplemental  claim form shall be considered to be a part of a claim for
  payment or benefit pursuant to an insurance policy and  the  information
  required in such form shall be considered to be material thereto.