Spectrum News: Business groups make push against renewed wrongful death bill

By: Nick Reisman

A renewed effort to pass an expansion of the state's wrongful death statute is expected to take a step forward on Tuesday when it is considered by the New York Assembly Judiciary Committee. 

But the measure is once again being opposed by the state's business community, which also pushed back against a previous version of the bill vetoed this year by Gov. Kathy Hochul. 

The proposal is meant to enable more people to file wrongful death claims, a move supporters say will provide more equity in those cases. Hochul rejected the approval of the bill amid opposition from business groups and local government organizations. 

Sponsors of the legislation have argued the revised version of the legislation addresses Hochul's concerns, including capping payouts under wrongful death claims. 

On Monday, a coalition of business groups — including the National Federation of Independent Business, the Buffalo Niagara Partnership and the Associated General Contractors — in a letter to the Legislature urged them to not support the measure. 

"Like the original bill, this amended language would radically expand the kinds of damages recoverable in wrongful death actions, driving up liability insurance costs for public and private entities across the state. According to an actuarial analysis by Milliman, Inc., last year’s measure would have increased medical professional liability costs by 40% or more," the groups wrote. "Automobile liability and general liability insurance would have increased by as much as $2.2 billion. The result would have been an 11% increase in annual premiums across the board for residents and businesses."

Supporters, meanwhile, hope to get the measure over the finish line by June 8, the end of the legislative session.