senate Bill S5531

2013-2014 Legislative Session

Relates to expediting actions involving insurance claims for damages resulting from a state disaster emergency

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 08, 2014 referred to judiciary
May 16, 2013 referred to judiciary

S5531 - Details

See Assembly Version of this Bill:
A5570
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add RR3410, 3411 & 3412, amd R3403, CPLR

S5531 - Summary

Relates to expediting actions involving insurance claims for damages resulting from a state disaster emergency.

S5531 - Sponsor Memo

S5531 - Bill Text download pdf

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

                                  5531

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation  to  expe-
  diting actions involving insurance claims for damages resulting from a
  state disaster emergency

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

  Section 1. The civil practice law and rules is amended by adding three
new rules 3410, 3411 and 3412 to read as follows:
  RULE 3410.  MANDATORY  PRELIMINARY  CONFERENCE  IN  CERTAIN  INSURANCE
ACTIONS.  (A)  IN  ANY  ACTION  INVOLVING AN INSURANCE CLAIM FOR DAMAGES
OCCURRING TO PROPERTY IN A COUNTY WHERE A STATE DISASTER  EMERGENCY  HAS
BEEN  DECLARED  BY  THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE
EXECUTIVE LAW RELATING TO ANY CLAIM  ARISING  FROM  THE  CAUSE  OF  SUCH
DECLARATION, THE COURT SHALL HOLD A PRELIMINARY CONFERENCE WITHIN THIRTY
DAYS AFTER THE REQUEST FOR JUDICIAL INTERVENTION IS FILED.
  (B)  AT  ANY  CONFERENCE HELD PURSUANT TO THIS RULE, ALL PARTIES SHALL
APPEAR IN PERSON OR BY COUNSEL, AND IF APPEARING BY COUNSEL, SUCH  COUN-
SEL  SHALL  BE  FULLY AUTHORIZED TO DISPOSE OF THE CASE.  IN THE COURT'S
DISCRETION, THE COURT MAY PERMIT A REPRESENTATIVE OF ANY PARTY TO ATTEND
THE SETTLEMENT CONFERENCE TELEPHONICALLY OR BY VIDEO-CONFERENCE.
  (C) UPON FILING OF A REQUEST  FOR  JUDICIAL  INTERVENTION,  THE  COURT
SHALL  PROMPTLY  SEND  A NOTICE TO PARTIES ADVISING THEM OF THE TIME AND
PLACE OF THE CONFERENCE, THE PURPOSE OF THE CONFERENCE AND THE  REQUIRE-
MENTS  OF  THIS  RULE.  THE  NOTICE SHALL BE IN A FORM PRESCRIBED BY THE
OFFICE OF COURT ADMINISTRATION, OR, AT THE DISCRETION OF THE  OFFICE  OF
COURT  ADMINISTRATION, THE ADMINISTRATIVE JUDGE OF THE JUDICIAL DISTRICT
IN WHICH THE ACTION IS PENDING, AND SHALL  ADVISE  THE  PARTIES  OF  THE
DOCUMENTS THAT THEY SHOULD BRING TO THE CONFERENCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08348-06-3

S. 5531                             2

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