Bill Text: NY A02362 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 39-7)

Status: (Introduced - Dead) 2014-01-08 - referred to insurance [A02362 Detail]

Download: New_York-2013-A02362-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2362
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2013
                                      ___________
       Introduced  by  M.  of  A.  TITONE, LAVINE, ORTIZ, ROSENTHAL, BENEDETTO,
         RIVERA, WEPRIN, MAISEL, CYMBROWITZ, PEOPLES-STOKES,  PAULIN,  MILLMAN,
         MARKEY,  DINOWITZ, CASTRO, AUBRY, O'DONNELL, COLTON, SCHIMEL, SCARBOR-
         OUGH, ZEBROWSKI, ROBINSON, MOYA, CAHILL, SIMOTAS, BRAUNSTEIN,  WRIGHT,
         GOLDFEDER  --  Multi-Sponsored  by  --  M.  of  A.   ABINANTI, ARROYO,
         BOYLAND, BROOK-KRASNY,  CRESPO,  CROUCH,  ENGLEBRIGHT,  FINCH,  GALEF,
         GIBSON,  GLICK,  HAWLEY,  HOOPER, JACOBS, JAFFEE, McKEVITT, MONTESANO,
         PERRY, PRETLOW, RA, RAIA, RUSSELL -- read once  and  referred  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03216-01-3
       A. 2362                             2
    1  ninety days during the one hundred eighty days immediately following the
    2  occurrence  of  the  injury  or  impairment. A FINDING OF SERIOUS INJURY
    3  UNDER ANY OF THE ABOVE ENUMERATED CATEGORIES IN THIS DEFINITION SHALL BE
    4  A SUFFICIENT BASIS FOR AN AWARD FOR PAST AND/OR FUTURE DAMAGES.
    5    S  2.  The  insurance law is amended by adding a new section 5102-a to
    6  read as follows:
    7    S 5102-A.  ISSUES OF FACT AND SUFFICIENCY OF THE EVIDENCE. WHETHER  AN
    8  INJURY  QUALIFIES  AS  A  SERIOUS  INJURY  PURSUANT TO SUBSECTION (D) OF
    9  SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE SHALL BE  A  QUES-
   10  TION  OF  FACT.  WHERE  EVIDENCE  IS OFFERED AS TO (A) WHETHER AN INJURY
   11  QUALIFIES AS A SERIOUS INJURY PURSUANT TO SUBSECTION (D) OF SECTION FIVE
   12  THOUSAND ONE HUNDRED TWO OF THIS ARTICLE, OR (B) THE CAUSATION  OF  SUCH
   13  AN INJURY, THE SUFFICIENCY AND WEIGHT OF EVIDENCE OFFERED, INCLUDING BUT
   14  NOT  LIMITED  TO  THAT  PERTAINING  TO  QUALITATIVE  AND/OR QUANTITATIVE
   15  ASSESSMENT OF INJURY, SHALL BE RESERVED FOR THE TRIER OF FACT.
   16    S 3. This act shall take effect immediately and  shall  be  applicable
   17  to:  (i) all actions and proceedings commenced on or after the effective
   18  date  of  this act; and (ii) all actions and proceedings commenced prior
   19  to the effective date of this act and pending on the effective  date  of
   20  this  act,  where  as of such date a trial of the issues thereon has not
   21  yet commenced and a dispositive motion has not yet been filed.