S00880 Summary:

BILL NOS00880
 
SAME ASSAME AS A02362
 
SPONSORBONACIC
 
COSPNSRAVELLA, DEFRANCISCO, MAZIARZ
 
MLTSPNSR
 
Amd S5102, add S5102-a, Ins L
 
Adds to the definition of serious injury and relates to determining the sufficiency of the evidence related to the serious injury; includes that question of fact will be determined by the trier.
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S00880 Actions:

BILL NOS00880
 
01/09/2013REFERRED TO INSURANCE
01/08/2014REFERRED TO INSURANCE
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S00880 Floor Votes:

There are no votes for this bill in this legislative session.
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S00880 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           880
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  BONACIC,  DeFRANCISCO,  MAZIARZ -- 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 definition of

          serious injury and determining the sufficiency of  the  evidence  with
          respect thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subsection (d) of section 5102 of  the  insurance  law,  as
     2  amended  by  chapter  955  of  the  laws  of 1984, is amended to read as
     3  follows:
     4    (d) "Serious injury" means a personal injury which results  in  death;
     5  dismemberment;  significant  disfigurement;  a  fracture;  a  partial or
     6  complete tear or impingement of a nerve,  tendon,  ligament,  muscle  or
     7  cartilage; injury to any part of the spinal column that results in inju-
     8  ry  to  an  intervertebral  disc; impingement of the spinal cord, spinal

     9  canal, nerve, tendon or muscle; loss of  a  fetus;  permanent  total  or
    10  partial  loss  of  use  of a body organ, member, function or system; any
    11  injury resulting in the need for a  surgical  procedure;  any  permanent
    12  consequential  limitation  of use of a body organ [or], member, function
    13  or system; any significant limitation of use of a  body  organ,  member,
    14  function or system; or [a] any medically determined injury or impairment
    15  of a permanent or non-permanent nature which prevents the injured person
    16  from  performing substantially all of the material acts which constitute
    17  such person's usual and customary daily activities  for  not  less  than

    18  ninety days during the one hundred eighty days immediately following the
    19  occurrence  of  the  injury  or  impairment. A finding of serious injury
    20  under any of the above enumerated categories in this definition shall be
    21  a sufficient basis for an award for past and/or future damages.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03216-01-3

        S. 880                              2
 
     1    § 2. The insurance law is amended by adding a new  section  5102-a  to
     2  read as follows:
     3    §  5102-a.  Issues of fact and sufficiency of the evidence. Whether an

     4  injury qualifies as a serious  injury  pursuant  to  subsection  (d)  of
     5  section  five  thousand one hundred two of this article shall be a ques-
     6  tion of fact. Where evidence is offered as  to  (a)  whether  an  injury
     7  qualifies as a serious injury pursuant to subsection (d) of section five
     8  thousand  one  hundred two of this article, or (b) the causation of such
     9  an injury, the sufficiency and weight of evidence offered, including but
    10  not limited  to  that  pertaining  to  qualitative  and/or  quantitative
    11  assessment of injury, shall be reserved for the trier of fact.
    12    §  3.  This  act shall take effect immediately and shall be applicable
    13  to:  (i) all actions and proceedings commenced on or after the effective
    14  date of this act; and (ii) all actions and proceedings  commenced  prior

    15  to  the  effective date of this act and pending on the effective date of
    16  this act, where as of such date a trial of the issues  thereon  has  not
    17  yet commenced and a dispositive motion has not yet been filed.
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