|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to insurance|
|Mar 04, 2011||referred to insurance|
senate Bill S3790
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3790 - Details
S3790 - Summary
Adds to the definition of serious injury and relates to determining the sufficiency of the evidence related to the serious injury; includes that question of fact will be determined by the trier.
S3790 - Sponsor Memo
BILL NUMBER:S3790 TITLE OF BILL: 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 PURPOSE OF BILL: To provide fairness, guidance, clarity and consistency in the application of the law determining "serious injury", to more accurately and equitably administer the original intent of the No-Fault law. SUMMARY OF PROVISIONS OF BILL: Section 1- would amend the definition of "serious injury" under §5102(d) Ins. Law as follows: 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 injury to an intervettebral 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, member, function or system; any
S3790 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3790 2011-2012 Regular Sessions I N S E N A T E March 4, 2011 ___________ Introduced by Sens. BONACIC, DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Insur- ance 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; ANY INJURY RESULTING IN THE NEED FOR A SURGICAL PROCEDURE; ANY permanent consequential limitation of use of a body organ [or], member, FUNCTION OR SYSTEM; ANY significant limitation of use of a body ORGAN, MEMBER, function or system; or [a] ANY 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 SERIOUS INJURY UNDER ANY OF THE ABOVE ENUMERATED CATEGORIES IN THIS DEFINITION 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. LBD03019-02-1
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