NEW YORK STATE INSURANCE DEPARTMENT

SECOND AMENDMENT TO REGULATION NO. 68-C (11 NYCRR 65-3)

REGULATIONS IMPLEMENTING THE COMPREHENSIVE MOTOR VEHICLE INSURANCE REPARATIONS ACT

I, Gregory V. Serio, Superintendent of Insurance of the State of New York, pursuant to the authority granted by Sections 201, 301 and Article 51 of the Insurance Law, do hereby promulgate the following Second Amendment to Part 65-3 of Title 11 (Regulation No. 68-C) of the Official Compilation of Codes, Rules and Regulations of the State of New York, to take effect upon publication in the State Register, to read as follows:

The Appendix to Regulation 68-C is hereby repealed and the following attached Appendix 13 is hereby promulgated to read as follows:

I, Gregory V. Serio, Superintendent of Insurance, do hereby certify that the foregoing is the Second Amendment to 11 NYCRR 65-3 (Regulation No. 68-C), promulgated by me on April 30, 2004 pursuant to the authority granted by Sections 201, 301 and Article 51 of the Insurance Law, to take effect upon publication in the State Register.

Pursuant to the provisions of the State Administrative Procedure Act, prior notice of the proposed amendment was published in the State Register on February 25, 2004. No other publication or prior notice is required by statute.

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Gregory V. Serio
Superintendent of Insurance

April 30, 2004

Appendix 13

(cf. Part 65)

PRESCRIBED NO-FAULT FORMS

Appendix 13 has been amended as follows: all prescribed No-Fault forms have been revised to conform the fraud warning statement to the language prescribed by the fourth amendment to Regulation No. 95, Part 86. In addition, the No-Fault Denial of Claim form, (NYS Form NF-10) has been revised to add additional Insurance Department addresses to any letter of explanation or rejection of any element of a claim, to conform with the tenth amendment to Regulation No. 64, Part 216.

The forms contained herein have been reduced in size for convenience of promulgation. The forms must be reprinted in a size and format using type which is clear and readable and which allows sufficient space to facilitate the completion of the information requested therein.

Insurers may continue to use currently existing stocks of prescribed No-Fault forms until no later than June 30, 2004, at which time the revised prescribed forms must be utilized.