NEW YORK STATE INSURANCE DEPARTMENT

THIRD 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 Third 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 IN BRACKETS IS DELETED; MATTER UNDERLINED IS NEW)

Subdivision (g) of Section 65-4.5 is amended to read as follows:

(g) Conflict of interest and disqualification of arbitrator. No person shall serve as an arbitrator in any arbitration in which such person has any financial or personal interest or bias. If a party challenges an arbitrator, the specific grounds for the challenge shall be submitted in writing to the designated organization, which shall determine, in consultation with the Insurance Department, within 15 calendar days after receipt of the challenge, whether the arbitrator shall be disqualified. Such written determination, in a format approved by the Department, shall be final and binding. If an arbitrator should resign, be disqualified or be otherwise unable to perform necessary duties, the designated organization shall assign another arbitrator to the case.

I, GREGORY V. SERIO, Superintendent of Insurance of the State of New York, do hereby certify that the foregoing is the Third 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