The Insurance Advocate received an unmarked brown envelope some weeks back disclosing that the New York Insurance Department held a meeting with New Yorks No-fault auto insurers to discuss one of their favorite topics Regulation 68 or 11 NYCRR, part 65. When the carriers listed their complaints with the regulation, the Department asked them to submit their wish list of recommended changes. In late 2008, a group of those carriers, known as the New York No-Fault Working Group did just that. The submission, not heretofore publicly recognized, is a comprehensive and extensive list of recommended changes, designed both to clarify many of the carriers long standing pet peeves with the regulation and to add several critical new provisions designed to give the carriers broad and far-reaching tools to combat fraud. We are told that the trial lawyers were given the same request from the Department, but as of the date of printing, it is unknown if that group has submitted any of their recommended changes to the Department. I will attempt to summarize and explain the changes being sought by the insurance carriers as well as giving a little history and context to the continuing controversy surrounding this most important regulation.
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