What's happening
This bill prevents arbitration decisions in certain personal injury cases from having collateral estoppel effect in court.
Why it matters
Protects litigants' rights to a full trial. By preventing arbitration decisions from having collateral estoppel effect, individuals injured in accidents retain the ability to present their case fully in court, even if an arbitrator has already ruled on related issues.
Addresses concerns about fairness and due process. Arbitration proceedings often have limited discovery, different evidentiary standards, or may not provide the same procedural safeguards as courts. This change recognizes those differences and ensures that arbitration outcomes can’t automatically limit or preclude a party’s claims or defenses later in court.
Impacts insurance and personal injury litigation. Insurers and claimants often resolve disputes over no-fault benefits through arbitration. This bill ensures that such arbitrations don't set binding precedents for related court cases, potentially affecting negotiation strategies and legal tactics in personal injury cases statewide.
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Who cares
Headline styles
Limit Arbitration Legal Impact
Plain English, a few words. Used as the page title.
Sponsors
6 Co-sponsors
4 Multi-sponsors
History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Arbitration Decision Impact
In Senate Committee · Insurance · Sponsor Leroy Comrie
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4648
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. COOK, PEOPLES-STOKES, D'URSO -- Multi-Sponsored by -- M. of A. BARCLAY, GOTTFRIED -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to the collateral estoppel effect of issues decided by certain arbitrators
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5106 of the insurance law is amended by adding a new subsection (e) to read as follows:
(e) With respect to an action for serious personal injury permissible under section five thousand one hundred four of this article, the award or decision of an arbitrator or master arbitrator rendered pursuant to subsection (c) of this section shall not constitute a collateral estoppel of the issues arbitrated.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08027-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.