Do you support this bill?

Assembly Bill A4648

2019-2020 Legislative Session

Makes provisions relating to the collateral estoppel effect of issues decided by certain arbitrators

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

multi-Sponsors

2019-A4648 (ACTIVE) - Details

See Senate Version of this Bill:
S5505
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §5106, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6275
2011-2012: A6784
2013-2014: A4179
2015-2016: A3408
2017-2018: A3533
2021-2022: A3375, S5532
2023-2024: A5646, S5591

2019-A4648 (ACTIVE) - Summary

Provides that with respect to a serious personal injury action still permissible under the no-fault insurance system, the award or decision of an arbitrator or master arbitrator rendered in a no-fault arbitration will not constitute a collateral estoppel of the issues arbitrated.

2019-A4648 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4648
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. COOK, PEOPLES-STOKES, D'URSO -- Multi-Sponsored
   by -- M. of A.  BARCLAY, GOTTFRIED -- read once and  referred  to  the
   Committee on Insurance
 
 AN  ACT to amend the insurance law, in relation to the collateral estop-
   pel effect of issues decided by certain arbitrators

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  5106 of the insurance law is amended by adding a
 new subsection (e) to read as follows:
   (E) WITH RESPECT TO AN ACTION FOR SERIOUS PERSONAL INJURY  PERMISSIBLE
 UNDER  SECTION FIVE THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE, THE AWARD
 OR DECISION OF AN ARBITRATOR OR MASTER ARBITRATOR RENDERED  PURSUANT  TO
 SUBSECTION  (C) OF THIS SECTION SHALL NOT CONSTITUTE A COLLATERAL ESTOP-
 PEL OF THE ISSUES ARBITRATED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08027-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.