Bill Text: NY S05505 | 2019-2020 | General Assembly | Introduced


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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INSURANCE [S05505 Detail]

Download: New_York-2019-S05505-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5505
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 3, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed 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  estop-
     7  pel of the issues arbitrated.
     8    § 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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