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.
STATE OF NEW YORK
________________________________________________________________________
3533
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
___________
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 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.
LBD05631-01-7
