senate Bill S1342

2011-2012 Legislative Session

Adds to the definition of serious injury and relates to determining the sufficiency of the evidence related to the serious injury

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to insurance
Jan 06, 2011 referred to insurance

Co-Sponsors

S1342 - Details

Law Section:
Insurance Law
Laws Affected:
Amd §5102, add §5102-a, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S7824

S1342 - Summary

Adds to the definition of serious injury and relates to determining the sufficiency of the evidence related to the serious injury; question of fact determined by the trier.

S1342 - Sponsor Memo

S1342 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1342

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- read twice and ordered printed, and
  when printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in  relation  to  the  definition  of
  serious  injury  and  determining the sufficiency of the evidence with
  respect thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subsection  (d)  of section 5102 of the insurance law, as
amended by chapter 955 of the laws  of  1984,  is  amended  to  read  as
follows:
  (d) "Serious  injury"  means a personal injury which results in death;
dismemberment; significant  disfigurement;  a  fracture;  A  PARTIAL  OR
COMPLETE  TEAR  OR  IMPINGEMENT  OF A NERVE, TENDON, LIGAMENT, MUSCLE OR
CARTILAGE; INJURY TO ANY PART OF THE SPINAL COLUMN THAT RESULTS IN INJU-
RY TO AN INTERVERTEBRAL DISC; IMPINGEMENT OF  THE  SPINAL  CORD,  SPINAL
CANAL,  NERVE,  TENDON  OR  MUSCLE;  loss of a fetus; permanent TOTAL OR
PARTIAL loss of use of a body  organ,  member,  function  or  system;  A
SURGICAL  PROCEDURE TO ANY INJURED PART OF THE BODY; ANY OTHER permanent
consequential limitation of use of a body organ [or],  member,  FUNCTION
OR  SYSTEM;  ANY  OTHER  significant  limitation of use of a body ORGAN,
MEMBER, function or system; or [a] ANY OTHER medically determined injury
or impairment of a PERMANENT OR non-permanent nature which prevents  the
injured  person  from  performing substantially all of the material acts
which constitute such person's usual and customary daily activities  for
not less than ninety days during the one hundred eighty days immediately
following the occurrence of the injury or impairment. A FINDING OF SERI-
OUS  INJURY  UNDER  ANY OF THE ABOVE ENUMERATED CATEGORIES IN THIS DEFI-
NITION SHALL BE A SUFFICIENT BASIS FOR AN AWARD FOR PAST  AND/OR  FUTURE
DAMAGES.
  S  2.  The  insurance law is amended by adding a new section 5102-a to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03019-01-1

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