Assembly Bill A5646A

Signed By Governor
2023-2024 Legislative Session

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

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Sponsored By

Current Bill Status Via S5591 - Signed by Governor

  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2023-A5646 - Details

See Senate Version of this Bill:
S5591
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
2019-2020: A4648, S5505
2021-2022: A3375, S5532

2023-A5646 - Summary

Enacts the "fairness for accident victims act"; 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.

2023-A5646 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5646
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by M. of A. COOK, PEOPLES-STOKES, HYNDMAN, DICKENS, SIMON --
   Multi-Sponsored by -- M. of A. DAVILA -- 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.
                                                            LBD04058-01-3

co-Sponsors

multi-Sponsors

2023-A5646A (ACTIVE) - Details

See Senate Version of this Bill:
S5591
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
2019-2020: A4648, S5505
2021-2022: A3375, S5532

2023-A5646A (ACTIVE) - Summary

Enacts the "fairness for accident victims act"; 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.

2023-A5646A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5646--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by M. of A. COOK, PEOPLES-STOKES, HYNDMAN, DICKENS, SIMON --
   Multi-Sponsored by -- M. of A. DAVILA -- read once and referred to the
   Committee on Insurance -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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.  Short  title. This act shall be known and may be cited as
 the "fairness for accident victims act ("FAVA")".
   § 2. Section 5106 of the  insurance  law  is  amended  by  adding  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,  AN  AWARD
 OR  DECISION  OF  AN  ARBITRATOR  OR  MASTER ARBITRATOR OR THAT IS COURT
 RENDERED PURSUANT TO SUBSECTION (C) OF  THIS  SECTION  SEEKING  NO-FAULT
 REIMBURSEMENT BY OR FOR MEDICAL PROVIDERS, SHALL NOT BE GIVEN COLLATERAL
 ESTOPPEL  EFFECT  IN  ANY  ACTION  OR PROCEEDING ARISING OUT OF THE SAME
 OCCURRENCE AND SHALL NOT BE ADMISSIBLE IN ANY ACTION  OR  PROCEEDING  IN
 ACTIONS  SEEKING  DAMAGES  FOR  BODILY INJURIES, PAIN SUFFERING, MEDICAL
 CARE AND LOSS OF WAGES AS EVIDENCE OF ANY FACTS.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 pending civil actions and arbitrations.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04058-03-3

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