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:

  Section 1. The civil practice law and rules is amended by adding three
new rules 3410, 3411 and 3412 to read as follows:
  RULE  3410.  MANDATORY  PRELIMINARY  CONFERENCE  IN  CERTAIN INSURANCE
ACTIONS. (A) IN ANY ACTION INVOLVING  AN  INSURANCE  CLAIM  FOR  DAMAGES
OCCURRING  TO  PROPERTY IN A COUNTY WHERE A STATE DISASTER EMERGENCY HAS
BEEN DECLARED BY THE GOVERNOR PURSUANT TO SECTION  TWENTY-EIGHT  OF  THE
EXECUTIVE  LAW  RELATING  TO  ANY  CLAIM  ARISING FROM THE CAUSE OF SUCH
DECLARATION, THE COURT SHALL HOLD A PRELIMINARY CONFERENCE WITHIN THIRTY
DAYS AFTER THE REQUEST FOR JUDICIAL INTERVENTION IS FILED.
  (B) AT ANY CONFERENCE HELD PURSUANT TO THIS RULE,  ALL  PARTIES  SHALL
APPEAR  IN PERSON OR BY COUNSEL, AND IF APPEARING BY COUNSEL, SUCH COUN-
SEL SHALL BE FULLY AUTHORIZED TO DISPOSE OF THE CASE.   IN  THE  COURT'S
DISCRETION, THE COURT MAY PERMIT A REPRESENTATIVE OF ANY PARTY TO ATTEND
THE SETTLEMENT CONFERENCE TELEPHONICALLY OR BY VIDEO-CONFERENCE.
  (C)  UPON  FILING  OF  A  REQUEST FOR JUDICIAL INTERVENTION, THE COURT
SHALL PROMPTLY SEND A NOTICE TO PARTIES ADVISING THEM OF  THE  TIME  AND
PLACE  OF THE CONFERENCE, THE PURPOSE OF THE CONFERENCE AND THE REQUIRE-
MENTS OF THIS RULE. THE NOTICE SHALL BE IN  A  FORM  PRESCRIBED  BY  THE
OFFICE  OF  COURT ADMINISTRATION, OR, AT THE DISCRETION OF THE OFFICE OF
COURT ADMINISTRATION, THE ADMINISTRATIVE JUDGE OF THE JUDICIAL  DISTRICT
IN  WHICH  THE  ACTION  IS  PENDING, AND SHALL ADVISE THE PARTIES OF THE
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
              

  (D) NO ADJOURNMENT IN EXCESS OF TEN DAYS SHALL BE GRANTED BY THE COURT
FOR ANY SUCH PRELIMINARY CONFERENCE, AND SUCH AN ADJOURNMENT SHALL  ONLY
BE GRANTED UPON GOOD CAUSE SHOWN.
  (E)  DISCOVERY  SHALL  BE COMPLETED WITHIN SIXTY DAYS FROM THE DATE OF
THE PRELIMINARY CONFERENCE, AND PENALTIES MAY BE  ASSESSED  AGAINST  ANY
PARTY AS PER SECTION THREE THOUSAND ONE HUNDRED TWENTY-SIX OF THIS CHAP-
TER  FOR  REFUSAL  TO  COMPLY  WITH DISCOVERY WITHIN SAID SIXTY DAY TIME
PERIOD. THE COURT MAY EXTEND SAID SIXTY DAY TIME PERIOD  SUA  SPONTE  IN
THE INTEREST OF JUSTICE, OR UPON GOOD CAUSE SHOWN BY ANY PARTY.
  RULE  3411.  MANDATORY  SETTLEMENT  CONFERENCE  IN  CERTAIN  INSURANCE
ACTIONS. IN ANY ACTION INVOLVING AN INSURANCE CLAIM FOR  DAMAGES  OCCUR-
RING  TO  PROPERTY IN A COUNTY WHERE A STATE DISASTER EMERGENCY HAS BEEN
DECLARED BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE  EXECU-
TIVE  LAW  RELATING TO ANY CLAIM ARISING FROM THE CAUSE OF SUCH DECLARA-
TION, THE COURT SHALL HOLD  A  MANDATORY  SETTLEMENT  CONFERENCE  WITHIN
FOURTEEN  DAYS  AFTER  A NOTE OF ISSUE HAS BEEN FILED FOR THE PURPOSE OF
HOLDING SETTLEMENT DISCUSSIONS PERTAINING TO SUCH INSURANCE CLAIMS.
  RULE 3412. MOTIONS IN CERTAIN INSURANCE ACTIONS.  (A)  NOTWITHSTANDING
SUBDIVISION  (A)  OF  RULE THIRTY-TWO HUNDRED TWELVE OF THIS CHAPTER, IN
ANY ACTION INVOLVING AN INSURANCE CLAIM FOR DAMAGES OCCURRING TO PROPER-
TY IN A COUNTY WHERE A STATE DISASTER EMERGENCY HAS BEEN DECLARED BY THE
GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW  RELATING
TO  ANY  CLAIM ARISING FROM THE CAUSE OF SUCH DECLARATION, ALL PRE-TRIAL
MOTIONS SHALL BE MADE WITHIN THIRTY DAYS AFTER  THE  NOTE  OF  ISSUE  IS
FILED.
  (B) THIS RULE SHALL NOT APPLY TO CLAIMS INVOLVING REINSURANCE.
  S  2. Subdivision (a) of rule 3403 of the civil practice law and rules
is amended by adding a new paragraph 7 to read as follows:
  7. AN ACTION TO RECOVER DAMAGES RESULTING FROM DAMAGE TO PROPERTY IN A
COUNTY CAUSED BY A NATURAL DISASTER UPON DECLARATION OF A STATE DISASTER
EMERGENCY BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU-
TIVE LAW RELATING TO ANY CLAIM ARISING FROM THE CAUSE OF  SUCH  DECLARA-
TION.
  S 3. This act shall take effect immediately.