NEW YORK STATE INSURANCE DEPARTMENT

SECOND AMENDMENT TO REGULATION NO. 68-D (11 NYCRR 65-4)

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 65-4 of Title 11 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Regulation No. 68-D), to take effect upon publication in the State Register, to read as follows:

(MATTER UNDERLINED IS NEW; MATTER IN BRACKETS IS DELETED)

Subparagraph (ii) of Section 65-4.5(o)(3) is amended to read as follows:

(ii) For arbitrations filed on or after March 1, 2002, the arbitrator shall determine if the parties provided and exchanged documents in accordance with the requirements of paragraph (3) of subdivision [(o)] (b) of section [65-4.5] 65-4.2 of this Part.

I, GREGORY V. SERIO, Superintendent of Insurance of the State of New York, do hereby certify that the foregoing is the Second Amendment to Part 65-4 of Title 11 (Regulation 68-D), promulgated by me on January 12, 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, prior notice of the proposed amendment was published in the State Register on October 29, 2003. No other publication or prior notice is required by statute.

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Gregory V. Serio
Superintendent of Insurance

Dated: January 12, 2004