Assembly Bill A4648

2019-2020 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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2019-A4648 (ACTIVE) - Details

See Senate Version of this Bill:
S5505
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §5106, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6275
2011-2012: A6784
2013-2014: A4179
2015-2016: A3408
2017-2018: A3533
2021-2022: A3375, S5532
2023-2024: A5646, S5591

2019-A4648 (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.

2019-A4648 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4648
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. COOK, PEOPLES-STOKES, D'URSO -- Multi-Sponsored
   by -- M. of A.  BARCLAY, GOTTFRIED -- 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 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.
                                                            LBD08027-01-9

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