Bill Text: NY A02946 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to expediting actions involving insurance claims for damages resulting from a state disaster emergency.

Spectrum: Moderate Partisan Bill (Democrat 36-5)

Status: (Engrossed - Dead) 2016-03-21 - REFERRED TO JUDICIARY [A02946 Detail]

Download: New_York-2015-A02946-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2946
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced by M. of A. TITONE, SKOUFIS, JAFFEE, ROSENTHAL, SANTABARBARA,
         PAULIN,  ZEBROWSKI,  MOYA,  BROOK-KRASNY,  CUSICK,  GOLDFEDER,  ROZIC,
         BORELLI,  ENGLEBRIGHT,  SALADINO,  CURRAN,  GRAF,  SKARTADOS,   STECK,
         ROBERTS,  COOK, LAVINE, MILLER, SCARBOROUGH, WRIGHT, ABINANTI, WEPRIN,
         MALLIOTAKIS, TITUS -- Multi-Sponsored by -- M. of A.  ABBATE, BRENNAN,
         GALEF, GOTTFRIED, HEVESI,  HIKIND,  MAGEE,  PERRY,  RIVERA,  ROBINSON,
         WEINSTEIN -- read once and referred to the Committee on Judiciary
       AN  ACT  to amend the civil practice law and rules, in relation to expe-
         diting actions involving insurance claims for damages resulting from a
         state disaster emergency
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil practice law and rules is amended by adding three
    2  new rules 3410, 3411 and 3412 to read as follows:
    3    RULE  3410.  MANDATORY  PRELIMINARY  CONFERENCE  IN  CERTAIN INSURANCE
    4  ACTIONS. (A) IN ANY ACTION INVOLVING  AN  INSURANCE  CLAIM  FOR  DAMAGES
    5  OCCURRING  TO  PROPERTY IN A COUNTY WHERE A STATE DISASTER EMERGENCY HAS
    6  BEEN DECLARED BY THE GOVERNOR PURSUANT TO SECTION  TWENTY-EIGHT  OF  THE
    7  EXECUTIVE  LAW  RELATING  TO  ANY  CLAIM  ARISING FROM THE CAUSE OF SUCH
    8  DECLARATION, THE COURT SHALL HOLD A PRELIMINARY CONFERENCE WITHIN THIRTY
    9  DAYS AFTER THE REQUEST FOR JUDICIAL INTERVENTION IS FILED.
   10    (B) AT ANY CONFERENCE HELD PURSUANT TO THIS RULE,  ALL  PARTIES  SHALL
   11  APPEAR  IN PERSON OR BY COUNSEL, AND IF APPEARING BY COUNSEL, SUCH COUN-
   12  SEL SHALL BE FULLY AUTHORIZED TO DISPOSE OF THE CASE.   IN  THE  COURT'S
   13  DISCRETION, THE COURT MAY PERMIT A REPRESENTATIVE OF ANY PARTY TO ATTEND
   14  THE SETTLEMENT CONFERENCE TELEPHONICALLY OR BY VIDEO-CONFERENCE.
   15    (C)  UPON  FILING  OF  A  REQUEST FOR JUDICIAL INTERVENTION, THE COURT
   16  SHALL PROMPTLY SEND A NOTICE TO PARTIES ADVISING THEM OF  THE  TIME  AND
   17  PLACE  OF THE CONFERENCE, THE PURPOSE OF THE CONFERENCE AND THE REQUIRE-
   18  MENTS OF THIS RULE. THE NOTICE SHALL BE IN  A  FORM  PRESCRIBED  BY  THE
   19  OFFICE  OF  COURT ADMINISTRATION, OR, AT THE DISCRETION OF THE OFFICE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03784-01-5
       A. 2946                             2
    1  COURT ADMINISTRATION, THE ADMINISTRATIVE JUDGE OF THE JUDICIAL  DISTRICT
    2  IN  WHICH  THE  ACTION  IS  PENDING, AND SHALL ADVISE THE PARTIES OF THE
    3  DOCUMENTS THAT THEY SHOULD BRING TO THE CONFERENCE.
    4    (D) NO ADJOURNMENT IN EXCESS OF TEN DAYS SHALL BE GRANTED BY THE COURT
    5  FOR  ANY SUCH PRELIMINARY CONFERENCE, AND SUCH AN ADJOURNMENT SHALL ONLY
    6  BE GRANTED UPON GOOD CAUSE SHOWN.
    7    (E) DISCOVERY SHALL BE COMPLETED WITHIN SIXTY DAYS FROM  THE  DATE  OF
    8  THE  PRELIMINARY  CONFERENCE,  AND PENALTIES MAY BE ASSESSED AGAINST ANY
    9  PARTY AS PER SECTION THREE THOUSAND ONE HUNDRED TWENTY-SIX OF THIS CHAP-
   10  TER FOR REFUSAL TO COMPLY WITH DISCOVERY  WITHIN  SAID  SIXTY  DAY  TIME
   11  PERIOD.  THE  COURT  MAY EXTEND SAID SIXTY DAY TIME PERIOD SUA SPONTE IN
   12  THE INTEREST OF JUSTICE, OR UPON GOOD CAUSE SHOWN BY ANY PARTY.
   13    RULE  3411.  MANDATORY  SETTLEMENT  CONFERENCE  IN  CERTAIN  INSURANCE
   14  ACTIONS.  IN  ANY ACTION INVOLVING AN INSURANCE CLAIM FOR DAMAGES OCCUR-
   15  RING TO PROPERTY IN A COUNTY WHERE A STATE DISASTER EMERGENCY  HAS  BEEN
   16  DECLARED  BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU-
   17  TIVE LAW RELATING TO ANY CLAIM ARISING FROM THE CAUSE OF  SUCH  DECLARA-
   18  TION,  THE  COURT  SHALL  HOLD  A MANDATORY SETTLEMENT CONFERENCE WITHIN
   19  FOURTEEN DAYS AFTER A NOTE OF ISSUE HAS BEEN FILED FOR  THE  PURPOSE  OF
   20  HOLDING SETTLEMENT DISCUSSIONS PERTAINING TO SUCH INSURANCE CLAIMS.
   21    RULE  3412.  MOTIONS IN CERTAIN INSURANCE ACTIONS. (A) NOTWITHSTANDING
   22  SUBDIVISION (A) OF RULE THIRTY-TWO HUNDRED TWELVE OF  THIS  CHAPTER,  IN
   23  ANY ACTION INVOLVING AN INSURANCE CLAIM FOR DAMAGES OCCURRING TO PROPER-
   24  TY IN A COUNTY WHERE A STATE DISASTER EMERGENCY HAS BEEN DECLARED BY THE
   25  GOVERNOR  PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW RELATING
   26  TO ANY CLAIM ARISING FROM THE CAUSE OF SUCH DECLARATION,  ALL  PRE-TRIAL
   27  MOTIONS  SHALL  BE  MADE  WITHIN  THIRTY DAYS AFTER THE NOTE OF ISSUE IS
   28  FILED.
   29    (B) THIS RULE SHALL NOT APPLY TO CLAIMS INVOLVING REINSURANCE.
   30    S 2. Subdivision (a) of rule 3403 of the civil practice law and  rules
   31  is amended by adding a new paragraph 7 to read as follows:
   32    7. AN ACTION TO RECOVER DAMAGES RESULTING FROM DAMAGE TO PROPERTY IN A
   33  COUNTY CAUSED BY A NATURAL DISASTER UPON DECLARATION OF A STATE DISASTER
   34  EMERGENCY BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU-
   35  TIVE  LAW  RELATING TO ANY CLAIM ARISING FROM THE CAUSE OF SUCH DECLARA-
   36  TION.
   37    S 3. This act shall take effect immediately.