STATE OF NEW YORK
________________________________________________________________________
8756
IN SENATE
May 11, 2018
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed 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
20 court administration, the administrative judge of the judicial district
21 in which the action is pending, and shall advise the parties of the
22 documents that they should bring to the conference.
23 (d) No adjournment in excess of ten days shall be granted by the court
24 for any such preliminary conference, and such an adjournment shall only
25 be granted upon good cause shown.
26 (e) Discovery shall be completed within sixty days from the date of
27 the preliminary conference, and penalties may be assessed against any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09199-01-7
S. 8756 2
1 party as per section three thousand one hundred twenty-six of this chap-
2 ter for refusal to comply with discovery within said sixty day time
3 period. The court may extend said sixty day time period sua sponte in
4 the interest of justice, or upon good cause shown by any party.
5 Rule 3411. Mandatory settlement conference in certain insurance
6 actions. In any action involving an insurance claim for damages occur-
7 ring to property in a county where a state disaster emergency has been
8 declared by the governor pursuant to section twenty-eight of the execu-
9 tive law relating to any claim arising from the cause of such declara-
10 tion, the court shall hold a mandatory settlement conference within
11 fourteen days after a note of issue has been filed for the purpose of
12 holding settlement discussions pertaining to such insurance claims.
13 Rule 3412. Motions in certain insurance actions. (a) Notwithstanding
14 subdivision (a) of rule thirty-two hundred twelve of this chapter, in
15 any action involving an insurance claim for damages occurring to proper-
16 ty in a county where a state disaster emergency has been declared by the
17 governor pursuant to section twenty-eight of the executive law relating
18 to any claim arising from the cause of such declaration, all pre-trial
19 motions shall be made within thirty days after the note of issue is
20 filed.
21 (b) This rule shall not apply to claims involving reinsurance.
22 § 2. Subdivision (a) of rule 3403 of the civil practice law and rules
23 is amended by adding a new paragraph 7 to read as follows:
24 7. an action to recover damages resulting from damage to property in a
25 county caused by a natural disaster upon declaration of a state disaster
26 emergency by the governor pursuant to section twenty-eight of the execu-
27 tive law relating to any claim arising from the cause of such declara-
28 tion.
29 § 3. This act shall take effect immediately.
