The New York State Insurance (NYSI) no-fault caseload has continued to grow over the last five years, including a 5% increase in filings from 2017 to 2018. To address the growing volume and remain consistent with the goals of the no-fault program, the size of the panel increased 17% in 2018. It is expected that the Department of Financial Services (DFS) will appoint additional arbitrators in 2019. With the increase in the caseload, however, the complexity of the issues before the arbitrators has also increased and, to ensure a prompt, fair, and efficient resolution, it has become even more important to present submissions in an organized fashion.
To further assist with the uniform submission and organization of evidence, the following best practices were compiled based on feedback from NYSI arbitrators.
I. APPLICANT’S SUBMISSION
Pursuant to DFS Regulation 11 NYCRR 65-4.2(b)(3)(i), the Applicant’s documentation, including supporting documentation, is due at the time of filing. Any additional documents submitted, other than bills or claims for ongoing benefits, will be marked late and admitted at the arbitrator’s discretion.