S T A T E O F N E W Y O R K
________________________________________________________________________
2362
2013-2014 Regular Sessions
I N A S S E M B L Y
January 14, 2013
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Introduced by M. of A. TITONE, LAVINE, ORTIZ, ROSENTHAL, BENEDETTO,
RIVERA, WEPRIN, MAISEL, CYMBROWITZ, PEOPLES-STOKES, PAULIN, MILLMAN,
MARKEY, DINOWITZ, CASTRO, AUBRY, O'DONNELL, COLTON, SCHIMEL, SCARBOR-
OUGH, ZEBROWSKI, ROBINSON, MOYA, CAHILL, SIMOTAS, BRAUNSTEIN, WRIGHT,
GOLDFEDER -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO,
BOYLAND, BROOK-KRASNY, CRESPO, CROUCH, ENGLEBRIGHT, FINCH, GALEF,
GIBSON, GLICK, HAWLEY, HOOPER, JACOBS, JAFFEE, McKEVITT, MONTESANO,
PERRY, PRETLOW, RA, RAIA, RUSSELL -- read once and referred 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; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03216-01-3