Bill Text: NY A02189 | 2021-2022 | General Assembly | Amended

---

Bill Title: Relates to expediting actions involving insurance claims for damages resulting from a state disaster emergency.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2022-02-09 - amended on third reading 2189a [A02189 Detail]

Download: New_York-2021-A02189-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         2189--A
                                                                 Cal. No. 95

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced by M. of A. DINOWITZ, WEPRIN, WALKER, GOTTFRIED, BUTTENSCHON,
          OTIS  --  read  once  and  referred  to  the Committee on Judiciary --
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place on the order of third reading

        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.
                                                                   LBD05614-03-2
        A. 2189--A                          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.