Bill Text: NY A01804 | 2023-2024 | General Assembly | Introduced
Bill Title: Expedites actions involving insurance claims for damages resulting from a state disaster emergency; sets time frames.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-03 - referred to judiciary [A01804 Detail]
Download: New_York-2023-A01804-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1804 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. DINOWITZ, WEPRIN, WALKER, BUTTENSCHON, OTIS, SAYEGH -- read once and referred 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 3411, 3412 and 3413 to read as follows: 3 Rule 3411. 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00815-01-3A. 1804 2 1 (d) No adjournment in excess of ten days shall be granted by the court 2 for any such preliminary conference, and such an adjournment shall only 3 be granted upon good cause shown. 4 (e) Discovery shall be completed within sixty days from the date of 5 the preliminary conference, and penalties may be assessed against any 6 party as per section thirty-one hundred twenty-six of this chapter for 7 refusal to comply with discovery within said sixty day time period. The 8 court may extend said sixty day time period sua sponte in the interest 9 of justice, or upon good cause shown by any party. 10 Rule 3412. Mandatory settlement conference in certain insurance 11 actions. In any action involving an insurance claim for damages occur- 12 ring to property in a county where a state disaster emergency has been 13 declared by the governor pursuant to section twenty-eight of the execu- 14 tive law relating to any claim arising from the cause of such declara- 15 tion, the court shall hold a mandatory settlement conference within 16 fourteen days after a note of issue has been filed for the purpose of 17 holding settlement discussions pertaining to such insurance claims. 18 Rule 3413. Motions in certain insurance actions. (a) Notwithstanding 19 subdivision (a) of rule thirty-two hundred twelve of this chapter, in 20 any action involving an insurance claim for damages occurring to proper- 21 ty in a county where a state disaster emergency has been declared by the 22 governor pursuant to section twenty-eight of the executive law relating 23 to any claim arising from the cause of such declaration, all pre-trial 24 motions shall be made within thirty days after the note of issue is 25 filed. 26 (b) This rule shall not apply to claims involving reinsurance. 27 § 2. Subdivision (a) of rule 3403 of the civil practice law and rules 28 is amended by adding a new paragraph 8 to read as follows: 29 8. an action to recover damages resulting from damage to property in a 30 county caused by a natural disaster upon declaration of a state disaster 31 emergency by the governor pursuant to section twenty-eight of the execu- 32 tive law relating to any claim arising from the cause of such declara- 33 tion. 34 § 3. This act shall take effect immediately.
