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Civil Litigation Webinar: Loss Transfer Claims in New York
January 13 @ 12:00 pm - 1:00 pm
Title: “Loss Transfer Claims in New York”
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About this topic
Attorney Christopher Major leads a presentation and discussion on Loss Transfer claims in New York. N.Y. Ins. Law § 5105(a) allows for recovery for damages in No-Fault under certain conditions and provides in part:
Any insurer liable for the payment of first party benefits to or on behalf of a covered person and any compensation provider paying benefits in lieu of first party benefits which another insurer would otherwise be obligated to pay pursuant to subsection (a) of section five thousand one hundred three of this article or section five thousand two hundred twenty-one of this chapter has the right to recover the amount paid from the insurer of any other covered person to the extent that such other covered person would have been liable, but for the provisions of this article, to pay damages in an action at law. In any case, the right to recover exists only if at least one of the motor vehicles involved is a motor vehicle weighing more than six thousand five hundred pounds unloaded or is a motor vehicle used principally for the transportation of persons or property for hire. However, in the case of occupants of a bus other than operators, owners, and employees of the owner or operator of the bus, an insurer which, pursuant to paragraph one of subsection (a) of section five thousand one hundred three of this article, provides coverage for first party benefits for such occupants under a policy providing first party benefits to the injured person and members of his household for loss arising out of the use or operation of any vehicle of such household, shall have no right to recover the amount of such benefits from the insurer of such bus.
Therefore, Section 5105(a) permits loss transfer between No-Fault insurers only under limited circumstances, including when a motor vehicle involved in an accident weighs at least 6500 lbs. unloaded. A motor vehicle which is towing a vehicle is considered loaded since it is carrying more than its own weight.
All webinars begin with a 10-15 minute overview of a general topic, and then a Question and Answer session is held for the balance of the time. Questions can be on any topic in workers’ compensation law (not limited to the topic). Handout materials are provided in advance of each session.
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