Assembly Bill A6275

2009-2010 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

  • 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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2009-A6275 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §5106, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6784
2013-2014: A4179
2015-2016: A3408
2017-2018: A3533
2019-2020: A4648
2021-2022: A3375
2023-2024: A5646

2009-A6275 (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.

2009-A6275 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6275

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2009
                               ___________

Introduced by M. of A. COOK, GREENE, PEOPLES -- Multi-Sponsored by -- M.
  of  A.  BARCLAY,  CANESTRARI,  GOTTFRIED, PHEFFER, TOWNS, WEINSTEIN --
  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  ESTO-
PPEL OF THE ISSUES ARBITRATED.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01282-01-9

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