Bill Text: NY A03408 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2016-01-06 - referred to insurance [A03408 Detail]

Download: New_York-2015-A03408-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3408
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by M. of A. COOK, PEOPLES-STOKES -- 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:
    1    Section 1. Section 5106 of the insurance law is amended  by  adding  a
    2  new subsection (e) to read as follows:
    3    (E)  WITH RESPECT TO AN ACTION FOR SERIOUS PERSONAL INJURY PERMISSIBLE
    4  UNDER SECTION FIVE THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE, THE  AWARD
    5  OR  DECISION  OF AN ARBITRATOR OR MASTER ARBITRATOR RENDERED PURSUANT TO
    6  SUBSECTION (C) OF THIS SECTION SHALL NOT CONSTITUTE A  COLLATERAL  ESTO-
    7  PPEL OF THE ISSUES ARBITRATED.
    8    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06975-01-5