2019 New York Laws
ISC - Insurance
Article 52 - Motor Vehicle Accident Indemnification Corporation
5221 - "No-Fault" Benefits to Qualified Persons.

§ 5221. "No-fault" benefits to qualified persons. (a) The terms "basic
economic  loss",  "first  party benefits", "non-economic loss", "serious
injury", "motor  vehicle",  "insurer",  "uninsured  motor  vehicle"  and
"covered  person",  as used in this section, shall have the same meaning
given them in section five thousand one hundred two of this chapter.
  (b)  (1)  Notwithstanding  the  provisions  of   this   article,   the
corporation  shall  also provide for the payment of first party benefits
to a qualified person for basic economic loss arising out of the use  or
operation in this state of an uninsured motor vehicle.
  (2)  A  qualified  person  who  has  complied  with all the applicable
requirements of this article shall be deemed to be a covered person  and
shall  have  only such rights as a covered person may have under article
fifty-one of this chapter.
  (3) The corporation shall have only those rights and obligations which
are applicable to an  insurer  subject  to  article  fifty-one  of  this
chapter.
  (4)  No  payment  for non-economic loss shall be made pursuant to this
article to a covered person unless such person has  incurred  a  serious
injury,  as  such terms are defined in section five thousand one hundred
two of this chapter.
  (5) The corporation shall not duplicate any element of basic  economic
loss provided for under this section or any section of article fifty-one
of  this chapter. No payments of first party benefits for basic economic
loss made pursuant to this section shall diminish the obligations of the
corporation under this article for the payment of non-economic loss  and
economic loss in excess of basic economic loss.
  (6)  If  a  controversy  arises between the corporation and an insurer
concerning the obligation to pay first party benefits, payment of  first
party benefits by the corporation shall not be stayed pending resolution
of  the  controversy.  Any  such controversy shall be solely resolved by
submission to mandatory arbitration pursuant to  procedures  promulgated
or  approved by the superintendent. Such procedures shall, to the extent
practicable, be those applicable to insurers pursuant  to  section  five
thousand one hundred five of this chapter.
  (c)  The  corporation  shall  continue  to  comply  with  the  plan of
operation  approved  by  the  superintendent,  which  provides  for  the
economical, prompt and fair payment of first party benefits to qualified
persons  in substantially the same manner as is required of insurers and
self-insurers by article fifty-one of this chapter  and  regulations  of
the  superintendent. The plan may provide for the corporation to utilize
the service of authorized insurers in the payment of  claims  for  first
party  benefits.  Amendments to the plan of operation may be made on the
initiative  of  the  directors,  subject  to   the   approval   of   the
superintendent, or shall be made at the direction of the superintendent.