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Tort Litigation Committee

The Tort Litigation Committee addresses issues relating to personal injury and civil rights litigation, tort law and practice and the handling of civil litigation and trial in all New York courts.

Recent topics addressed by the committee include: the proposed medical malpractice reform legislation; marriage equality for same-sex couples; proposed amendments to the “Serious Injury” statute; admissibility of plaintiffs’ statements contained in medical records; use of Summary Jury Trials in tort cases; the proposed Automobile Insurance Fraud Prevention Act”; use of social media in the prosecution and defense of personal injury cases; proposed legislation regarding adversarial medical examinations in personal injury cases; proposed amendments to rules governing ex parte interviews of treating medical providers; and proposed revisions to statutes of limitations governing malpractice actions.


Recent Reports

Report on A.10784/S.7787 which would amend the insurance law to provide all motor vehicle policy holders with Supplemental Uninsured/Underinsured Motorist (SUM) coverage with the choice to opt out of such additional coverage after being informed of the benefits of extra SUM coverage (October 2012) ( PDF )
Subject area: Supplemental Uninsured/Underinsured Motorist Coverage

Report on S.4080-A/A.7504-A which would exempt all settlements from collateral source offsets (May 2009)( PDF )
Subject area: Collateral Sources

Report supporting S. 5555/A.8114 which would amend the civil practice law and rules to exempt all settlements from collateral source offsets in tort claims for personal injury, property damage or wrongful death, and in related subrogation claims( PDF )
Subject area: Collateral Sources

For the full list of committee reports click here


Resources

Constructive Perspectives: Are New York’s Construction Safety and Insurance Laws Serving the Public? – 3/13/14 Event Materials


Legislative Activity

For more information on the legislative and policy work of the committee, including relevant reports, bill texts and additional advocacy materials, click here.