senate Bill S880

2013-2014 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 - In Senate Committee


  • 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 insurance
Jan 09, 2013 referred to insurance

Co-Sponsors

S880 - Details

See Assembly Version of this Bill:
A2362
Law Section:
Insurance Law
Laws Affected:
Amd §5102, add §5102-a, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A4787, S3790
2009-2010: A10739

S880 - 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.

S880 - Sponsor Memo

S880 - Bill Text download pdf

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

                                   880

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  BONACIC,  DeFRANCISCO,  MAZIARZ -- 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; 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03216-01-3

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