11 NYCRR 65-3.7: Election

(a) If an insured has purchased optional basic economic loss (OBEL) coverage pursuant to section 5102(a)(5) of the Insurance Law, the insurer shall notify each eligible injured person (or that person’s legal representative) making a claim under such policy that such person may elect how OBEL coverage will be applied.

(b) The insurer shall mail form NYS form NF-13 to the eligible injured person or that person’s legal representative as soon as, and in no event later than 15 calendar days after, the insurer has received claims aggregating $30,000 in basic economic loss.

(c) If the eligible injured person or that person’s legal representative does not return the election form (NYS form NF-13) within 15 calendar days after the initial mailing, then within five calendar days after such time has elapsed the insurer shall mail to the eligible injured person or that person’s legal representative a second election notice, clearly marked “SECOND NOTICE.”

(d) Failure of the eligible injured person or that person’s legal representative to respond to the second notice within 15 calendar days after its mailing shall be considered an election by the eligible injured person to apply OBEL coverage to all elements of basic economic loss.

(e) Once made by the eligible injured person or that person’s legal representative, an OBEL election cannot be changed, except that, if claims payable under OBEL coverage have not yet been received by the company, an eligible injured person who has failed to respond to the second notice in a timely manner may make an election.