N.Y. Insurance Law § 340: Report of claims that may result in a monetary award

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