Senate Bill S3752

2019-2020 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 Insurance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S3752 (ACTIVE) - Details

Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §5102, add §5102-a, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3790
2013-2014: S880
2015-2016: S1609
2017-2018: S2082
2021-2022: S3570
2023-2024: S1467

2019-S3752 (ACTIVE) - 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.

2019-S3752 (ACTIVE) - Sponsor Memo

2019-S3752 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3752
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 Introduced  by  Sens.  BRESLIN,  ADDABBO,  SEPULVEDA  --  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.
   § 2. The insurance law is amended by adding a new  section  5102-a  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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