Tuesday, January 31, 2023

VETOED


Gov. Kathy Hochul on Monday night vetoed the Grieving Families Act, legislation that would have overhauled state law related to wrongful death civil claims. In a veto message and a recent opinion piece, the governor claimed the Legislature passed it without full consideration of its impacts but said she was open to negotiating a change in the current statute.

The bill would have expanded the categories of people who could have sought damages due to a wrongful death to include those suffering emotional anguish as well as mere economic losses. It would also have extended the two-year statute of limitations to bring a wrongful death lawsuit by 18 months. According to news reports: "Business and health care associations spent a significant amount of time lobbying the governor and her staff in opposition to the measure, filings show. Insurance, business and trade associations cautioned that reforms would bring an accompanying spike in medical insurance and liability premiums by expanding the kinds of damages that are recoverable. An oft-cited analysis by the Seattle-based actuarial firm Milliman posited that expanding damages awarded based on grief and loss would increase general and auto liability insurance premiums by over 11 percent, or an estimated $2.14 billion, for residents and businesses. "


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