Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 19, 2009 |
referred to codes |
Senate Bill S2393
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(R) Senate District
2009-S2393 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Rpld §4545 subs (a) & (b), rpld R4111 sub (e), amd §§4545, 4213 & R4111, CPLR
2009-S2393 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2393 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the impact of collateral source payments upon tort claims for personal injury, property damage or wrongful death, and upon related subrogation claims; and in relation to equalizing the treatment of collateral sources in tort actions; and repealing certain provisions of the civil practice law and rules relating thereto PURPOSE : This legislation seeks to resolve certain significant problems which have arisen in the context of settlements because of two gaps in the statutory language: one regarding settlements of personal injury and wrongful death actions, and the other regarding subrogation claims that are from the same personal injury or wrongful death action. In addition, there is an anomaly in the treatment of collateral sources in tort actions in that, unlike private employers and all other defendants, public employers, when sued by their employees, are not entitled to have awards for lost future earnings offset by collateral sources of compensation, such as an accident disability pension, that the plaintiff will receive to replace those same lost earnings. SUMMARY OF PROVISIONS : This measure would amend CPLR 4545 to clarify that:
2009-S2393 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2393 2009-2010 Regular Sessions I N S E N A T E February 19, 2009 ___________ Introduced by Sens. DeFRANCISCO, VOLKER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the impact of collateral source payments upon tort claims for personal injury, property damage or wrongful death, and upon related subroga- tion claims; and in relation to equalizing the treatment of collateral sources in tort actions; and repealing certain provisions of the civil practice law and rules relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (b) of section 4545 of the civil prac- tice law and rules are REPEALED. S 2. Subdivision (c) of section 4545 of the civil practice law and rules, as added by chapter 220 of the laws of 1986, is amended to read as follows: [(c)] (A) Actions for personal injury, injury to property or wrongful death. In any action brought to recover damages for personal injury, injury to property or wrongful death, where the plaintiff seeks to recover for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, evidence shall be admissible for consideration by the court to establish that any such past or future cost or expense was or will, with reason- able certainty, be replaced or indemnified, in whole or in part, from any collateral source [such as insurance] (except for life insurance)[, social security (except those benefits provided under title XVIII of the social security act), workers' compensation or employee benefit programs (except such collateral sources entitled by law to liens against any recovery of the plaintiff)], AND EXCEPT FOR THOSE PAYMENTS AS TO WHICH THERE IS A STATUTORY RIGHT OF REIMBURSEMENT. If the court finds that any such cost or expense was or will, with reasonable certainty, be replaced or indemnified from any SUCH collateral source, it shall reduce EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01597-01-9
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