Bill Text: NY A07183 | 2019-2020 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-30 - advanced to third reading cal.357 [A07183 Detail]

Download: New_York-2019-A07183-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7183--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     April 11, 2019
                                       ___________

        Introduced  by  M.  of  A.  DINOWITZ,  WEPRIN,  WALKER  -- read once and
          referred to the Committee on Judiciary -- recommitted to the Committee
          on Judiciary in accordance with Assembly Rule 3, sec. 2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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
    20  court administration, the administrative judge of the judicial  district

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09429-02-0
        A. 7183--A                          2

     1  in  which  the  action  is  pending, and shall advise the parties of the
     2  documents that they should bring to the conference.
     3    (d) No adjournment in excess of ten days shall be granted by the court
     4  for  any such preliminary conference, and such an adjournment shall only
     5  be granted upon good cause shown.
     6    (e) Discovery shall be completed within sixty days from  the  date  of
     7  the  preliminary  conference,  and penalties may be assessed against any
     8  party as per section thirty-one hundred twenty-six of this  chapter  for
     9  refusal  to comply with discovery within said sixty day time period. The
    10  court may extend said sixty day time period sua sponte in  the  interest
    11  of justice, or upon good cause shown by any party.
    12    Rule  3411.  Mandatory  settlement  conference  in  certain  insurance
    13  actions. In any action involving an insurance claim for  damages  occur-
    14  ring  to  property in a county where a state disaster emergency has been
    15  declared by the governor pursuant to section twenty-eight of the  execu-
    16  tive  law  relating to any claim arising from the cause of such declara-
    17  tion, the court shall hold  a  mandatory  settlement  conference  within
    18  fourteen  days  after  a note of issue has been filed for the purpose of
    19  holding settlement discussions pertaining to such insurance claims.
    20    Rule 3412. Motions in certain insurance actions.  (a)  Notwithstanding
    21  subdivision  (a)  of  rule thirty-two hundred twelve of this chapter, in
    22  any action involving an insurance claim for damages occurring to proper-
    23  ty in a county where a state disaster emergency has been declared by the
    24  governor pursuant to section twenty-eight of the executive law  relating
    25  to  any  claim arising from the cause of such declaration, all pre-trial
    26  motions shall be made within thirty days after  the  note  of  issue  is
    27  filed.
    28    (b) This rule shall not apply to claims involving reinsurance.
    29    §  2. Subdivision (a) of rule 3403 of the civil practice law and rules
    30  is amended by adding a new paragraph 8 to read as follows:
    31    8. an action to recover damages resulting from damage to property in a
    32  county caused by a natural disaster upon declaration of a state disaster
    33  emergency by the governor pursuant to section twenty-eight of the execu-
    34  tive law relating to any claim arising from the cause of  such  declara-
    35  tion.
    36    § 3. This act shall take effect immediately.