S T A T E O F N E W Y O R K
________________________________________________________________________
2983
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
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Introduced by M. of A. TITONE, LAVINE, ORTIZ, ROSENTHAL, BENEDETTO,
RIVERA, WEPRIN, CYMBROWITZ, PEOPLES-STOKES, PAULIN, MARKEY, DINOWITZ,
AUBRY, O'DONNELL, COLTON, SCHIMEL, SCARBOROUGH, ZEBROWSKI, ROBINSON,
MOYA, CAHILL, SIMOTAS, BRAUNSTEIN, WRIGHT, GOLDFEDER -- Multi-Spon-
sored by -- M. of A. ABINANTI, ARROYO, BROOK-KRASNY, CRESPO, CROUCH,
ENGLEBRIGHT, FINCH, GALEF, GLICK, HAWLEY, HOOPER, 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
ninety days during the one hundred eighty days immediately following the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03322-01-5
A. 2983 2
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:
S 5102-A. ISSUES OF FACT AND SUFFICIENCY OF THE EVIDENCE. WHETHER AN
INJURY QUALIFIES AS A SERIOUS INJURY PURSUANT TO SUBSECTION (D) OF
SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE SHALL BE A QUES-
TION OF FACT. WHERE EVIDENCE IS OFFERED AS TO (A) WHETHER AN INJURY
QUALIFIES AS A SERIOUS INJURY PURSUANT TO SUBSECTION (D) OF SECTION FIVE
THOUSAND ONE HUNDRED TWO OF THIS ARTICLE, OR (B) THE CAUSATION OF SUCH
AN INJURY, THE SUFFICIENCY AND WEIGHT OF EVIDENCE OFFERED, INCLUDING BUT
NOT LIMITED TO THAT PERTAINING TO QUALITATIVE AND/OR QUANTITATIVE
ASSESSMENT OF INJURY, SHALL BE RESERVED FOR THE TRIER OF FACT.
S 3. This act shall take effect immediately and shall be applicable
to: (i) all actions and proceedings commenced on or after the effective
date of this act; and (ii) all actions and proceedings commenced prior
to the effective date of this act and pending on the effective date of
this act, where as of such date a trial of the issues thereon has not
yet commenced and a dispositive motion has not yet been filed.