Senate Bill S6936

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6936
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation  to  expe-
   diting actions involving insurance claims for damages resulting from a
   state disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding three
 new rules 3411, 3412 and 3413 to read as follows:
   RULE 3411.  MANDATORY  PRELIMINARY  CONFERENCE  IN  CERTAIN  INSURANCE
 ACTIONS.  (A)  IN  ANY  ACTION  INVOLVING AN INSURANCE CLAIM FOR DAMAGES
 OCCURRING TO PROPERTY IN A COUNTY WHERE A STATE DISASTER  EMERGENCY  HAS
 BEEN  DECLARED  BY  THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE
 EXECUTIVE LAW RELATING TO ANY CLAIM  ARISING  FROM  THE  CAUSE  OF  SUCH
 DECLARATION, THE COURT SHALL HOLD A PRELIMINARY CONFERENCE WITHIN THIRTY
 DAYS AFTER THE REQUEST FOR JUDICIAL INTERVENTION IS FILED.
   (B)  AT  ANY  CONFERENCE HELD PURSUANT TO THIS RULE, ALL PARTIES SHALL
 APPEAR IN PERSON OR BY COUNSEL, AND IF APPEARING BY COUNSEL, SUCH  COUN-
 SEL  SHALL  BE  FULLY AUTHORIZED TO DISPOSE OF THE CASE.  IN THE COURT'S
 DISCRETION, THE COURT MAY PERMIT A REPRESENTATIVE OF ANY PARTY TO ATTEND
 THE SETTLEMENT CONFERENCE TELEPHONICALLY OR BY VIDEO-CONFERENCE.
   (C) UPON FILING OF A REQUEST  FOR  JUDICIAL  INTERVENTION,  THE  COURT
 SHALL  PROMPTLY  SEND  A NOTICE TO PARTIES ADVISING THEM OF THE TIME AND
 PLACE OF THE CONFERENCE, THE PURPOSE OF THE CONFERENCE AND THE  REQUIRE-
 MENTS  OF  THIS  RULE.  THE  NOTICE SHALL BE IN A FORM PRESCRIBED BY THE
 OFFICE OF COURT ADMINISTRATION, OR, AT THE DISCRETION OF THE  OFFICE  OF
 COURT  ADMINISTRATION, THE ADMINISTRATIVE JUDGE OF THE JUDICIAL DISTRICT
 IN WHICH THE ACTION IS PENDING, AND SHALL  ADVISE  THE  PARTIES  OF  THE
 DOCUMENTS THAT THEY SHOULD BRING TO THE CONFERENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04444-01-5
 S. 6936                             2
 
              

   (D) NO ADJOURNMENT IN EXCESS OF TEN DAYS SHALL BE GRANTED BY THE COURT
 FOR  ANY SUCH PRELIMINARY CONFERENCE, AND SUCH AN ADJOURNMENT SHALL ONLY
 BE GRANTED UPON GOOD CAUSE SHOWN.
   (E)  DISCOVERY  SHALL  BE COMPLETED WITHIN SIXTY DAYS FROM THE DATE OF
 THE PRELIMINARY CONFERENCE, AND PENALTIES MAY BE  ASSESSED  AGAINST  ANY
 PARTY  AS  PER SECTION THIRTY-ONE HUNDRED TWENTY-SIX OF THIS CHAPTER FOR
 REFUSAL TO COMPLY WITH DISCOVERY WITHIN SAID SIXTY DAY TIME PERIOD.  THE
 COURT  MAY  EXTEND SAID SIXTY DAY TIME PERIOD SUA SPONTE IN THE INTEREST
 OF JUSTICE, OR UPON GOOD CAUSE SHOWN BY ANY PARTY.
   RULE  3412.  MANDATORY  SETTLEMENT  CONFERENCE  IN  CERTAIN  INSURANCE
 ACTIONS.  IN  ANY ACTION INVOLVING AN INSURANCE CLAIM FOR DAMAGES OCCUR-
 RING TO PROPERTY IN A COUNTY WHERE A STATE DISASTER EMERGENCY  HAS  BEEN
 DECLARED  BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU-
 TIVE LAW RELATING TO ANY CLAIM ARISING FROM THE CAUSE OF  SUCH  DECLARA-
 TION,  THE  COURT  SHALL  HOLD  A MANDATORY SETTLEMENT CONFERENCE WITHIN
 FOURTEEN DAYS AFTER A NOTE OF ISSUE HAS BEEN FILED FOR  THE  PURPOSE  OF
 HOLDING SETTLEMENT DISCUSSIONS PERTAINING TO SUCH INSURANCE CLAIMS.
   RULE  3413.  MOTIONS IN CERTAIN INSURANCE ACTIONS. (A) NOTWITHSTANDING
 SUBDIVISION (A) OF RULE THIRTY-TWO HUNDRED TWELVE OF  THIS  CHAPTER,  IN
 ANY ACTION INVOLVING AN INSURANCE CLAIM FOR DAMAGES OCCURRING TO PROPER-
 TY IN A COUNTY WHERE A STATE DISASTER EMERGENCY HAS BEEN DECLARED BY THE
 GOVERNOR  PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW RELATING
 TO ANY CLAIM ARISING FROM THE CAUSE OF SUCH DECLARATION,  ALL  PRE-TRIAL
 MOTIONS  SHALL  BE  MADE  WITHIN  THIRTY DAYS AFTER THE NOTE OF ISSUE IS
 FILED.
   (B) THIS RULE SHALL NOT APPLY TO CLAIMS INVOLVING REINSURANCE.
   § 2. Subdivision (a) of rule 3403 of the civil practice law and  rules
 is amended by adding a new paragraph 8 to read as follows:
   8. AN ACTION TO RECOVER DAMAGES RESULTING FROM DAMAGE TO PROPERTY IN A
 COUNTY CAUSED BY A NATURAL DISASTER UPON DECLARATION OF A STATE DISASTER
 EMERGENCY BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU-
 TIVE  LAW  RELATING TO ANY CLAIM ARISING FROM THE CAUSE OF SUCH DECLARA-
 TION.
   § 3. This act shall take effect immediately.