Bill Text: NY A05570 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 5570 (Prior Session Legislation)

Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 39-5)

Status: (Engrossed - Dead) 2014-01-08 - ordered to third reading cal.263 [A05570 Detail]

Download: New_York-2013-A05570-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5570
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced by M. of A. TITONE -- 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 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08348-06-3
       A. 5570                             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 THREE THOUSAND ONE HUNDRED TWENTY-SIX OF THIS CHAP-
    7  TER  FOR  REFUSAL  TO  COMPLY  WITH DISCOVERY WITHIN SAID SIXTY DAY TIME
    8  PERIOD. THE COURT MAY EXTEND SAID SIXTY DAY TIME PERIOD  SUA  SPONTE  IN
    9  THE INTEREST OF JUSTICE, OR UPON GOOD CAUSE SHOWN BY ANY PARTY.
   10    RULE  3411.  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 3412. 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    S  2. Subdivision (a) of rule 3403 of the civil practice law and rules
   28  is amended by adding a new paragraph 7 to read as follows:
   29    7. 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    S 3. This act shall take effect immediately.