Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2023 |
returned to senate passed assembly |
Jun 09, 2023 |
ordered to third reading rules cal.788 substituted for a5646a |
Jun 06, 2023 |
referred to insurance delivered to assembly passed senate |
Jun 01, 2023 |
ordered to third reading cal.1502 committee discharged and committed to rules |
May 25, 2023 |
print number 5591a |
May 25, 2023 |
amend and recommit to insurance |
Mar 08, 2023 |
referred to insurance |
Senate Bill S5591A
2023-2024 Legislative Session
Sponsored By
(D) 14th Senate District
Current Bill Status - Passed Senate & Assembly
- 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
Actions
Votes
Bill Amendments
2023-S5591 - Details
2023-S5591 - Summary
Enacts the "fairness for accident victims act"; 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.
2023-S5591 - Sponsor Memo
BILL NUMBER: S5591 SPONSOR: COMRIE TITLE OF BILL: An act to amend the insurance law, in relation to the collateral estop- pel effect of issues decided by certain arbitrators PURPOSE: To eliminate the inequities in present law by giving claimants seeking reversal of improper denials of No-Fault benefits prompt resolution of their claims through arbitration. SUMMARY OF PROVISIONS: Amends section 5106 of the insurance law by adding a new subsection (d) to provide that, with respect to an action for serious personal injury permissible under section 5104, an award or decision by an arbitrator pursuant to a No-Fault proceeding would not constitute a collateral estoppel of the issues arbitrated, but such an award or decision may be admissible as relevant evidence by a party to an action.
2023-S5591 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5591 2023-2024 Regular Sessions I N S E N A T E March 8, 2023 ___________ Introduced by Sen. COMRIE -- 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 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. LBD04058-01-3
2023-S5591A (ACTIVE) - Details
2023-S5591A (ACTIVE) - Summary
Enacts the "fairness for accident victims act"; 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.
2023-S5591A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5591A SPONSOR: COMRIE TITLE OF BILL: An act to amend the insurance law, in relation to the collateral estop- pel effect of issues decided by certain arbitrators PURPOSE: To eliminate the inequities in present law by giving claimants seeking reversal of improper denials of No-Fault benefits prompt resolution of their claims through arbitration. SUMMARY OF PROVISIONS: Amends section 5106 of the insurance law by adding a new subsection (d) to provide that, with respect to an action for serious personal injury permissible under section 5104, an award or decision by an arbi- trator pursuant to a No-Fault proceeding would not constitute a collat- eral estoppel of the issues arbitrated, but such an award or decision
2023-S5591A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5591--A 2023-2024 Regular Sessions I N S E N A T E March 8, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Short title. This act shall be known and may be cited as the "fairness for accident victims act ("FAVA")". § 2. Section 5106 of the insurance law is amended by adding 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, AN AWARD OR DECISION OF AN ARBITRATOR OR MASTER ARBITRATOR OR THAT IS COURT RENDERED PURSUANT TO SUBSECTION (C) OF THIS SECTION SEEKING NO-FAULT REIMBURSEMENT BY OR FOR MEDICAL PROVIDERS, SHALL NOT BE GIVEN COLLATERAL ESTOPPEL EFFECT IN ANY ACTION OR PROCEEDING ARISING OUT OF THE SAME OCCURRENCE AND SHALL NOT BE ADMISSIBLE IN ANY ACTION OR PROCEEDING IN ACTIONS SEEKING DAMAGES FOR BODILY INJURIES, PAIN SUFFERING, MEDICAL CARE AND LOSS OF WAGES AS EVIDENCE OF ANY FACTS. § 3. This act shall take effect immediately and shall apply to all pending civil actions and arbitrations. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04058-02-3
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