Assembly Bill A6784

2011-2012 Legislative Session

Makes provisions relating to the collateral estoppel effect of issues decided by certain arbitrators

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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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2011-A6784 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง5106, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6275
2013-2014: A4179
2015-2016: A3408
2017-2018: A3533
2019-2020: A4648
2021-2022: A3375
2023-2024: A5646

2011-A6784 (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.

2011-A6784 (ACTIVE) - Bill Text download pdf 

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

                                  6784

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 31, 2011
                               ___________

Introduced  by M. of A. COOK, PEOPLES-STOKES -- 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.
                                                           LBD02340-01-1

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