NEW YORK STATE BAR ASSOCIATION
TORTS, INSURANCE AND
COMPENSATION LAW SECTION BYLAWS
(As amended October 18, 2007)
ARTICLE I. Name and Purpose
Section 1. This Section shall be known as the Torts, Insurance and Compensation
Law Section of the New York State Bar Association.
Section 2. The
purpose of this Section shall be to bring together for furtherance of their
mutual interests such members of the New York State Bar Association as are
interested in Torts, Insurance and Compensation Law and such other branches of
the law related to insurance.
In furtherance of this purpose, the following goals are intended
to serve as guidelines:
a) To promote improvements in the
system of dispute resolution in the tort and insurance fields.
b) To evaluate and improve the manner
and efficiency of the delivery of legal services in the tort and insurance
c) To provide leadership in the
development and recommendation of proposals to improve the law in the fields of
tort and insurance practice.
d) To increase understanding of the
legal system in the tort and insurance fields.
e) To promote the highest standards of
professional competence and ethical responsibility.
f) To promote full and equal
participation by all members of the Section and to enhance the professional
growth of Section members.
ARTICLE II. Membership
Section 1. Any
member of the New York State Bar Association shall be eligible for membership in
this Section, and shall be enrolled as a member of the Section upon application
to the Section secretary and payment of such annual dues as shall be determined
by the Executive Committee of the Section.
ARTICLE III. Officers
Section 1. The
officers of the Section shall be a Chairperson, Vice-Chairperson, Secretary and
Treasurer, to be elected at the Annual Meeting of the Section.
Section 2. There shall be an Executive Committee of the Section consisting of the
officers of the Section, the Editor of the TICL Journal, the Chairpersons of the
Standing Committees described in ARTICLE VI, the Chairpersons of the Section for
the last preceding five years and two members from each Judicial District in the
State to be elected at the Annual Meeting of the Section. The Chairperson of the Section shall act as Chairperson of the Executive
Section 3. Former chairpersons of the Section who are not
members of the Executive Committee of the Section as defined in Section 2 hereof
shall be known as “Chairpersons Emeritus” and shall be entitled to attend all
meetings of the Executive Committee of the Section, and shall be entitled to be
heard at and to participate in those meetings without vote.
Section 4. All
officers, as well as all members of the Executive Committee, will hold office
for term beginning February 1.
ARTICLE IV, Nomination of Officers
Section 1. Prior to each Annual Meeting of the Section, the Chairperson shall
appoint a Nominating Committee of five members of the Section, which committee
shall make and report nominations to the Section for the offices of Chairperson,
Vice-Chairperson, Secretary, Treasurer, and members to be elected to the
Executive Committee. Other nominations for the same office
may be made from the floor. No persons serving on the
Executive Committee shall be eligible for re-election or reappointment if they
have been absent for four (4) consecutive regular meetings of the Executive
Committee, regardless of whether such absence has been excused or
Section 2. The
Section shall solicit nominations from the membership of the Section by placing
an announcement in the TICL Journal and communicating with the membership in
such other manner as the Nominating Committee may determine.
Section 3. When considering candidates for office, the Nominating Committee shall
select nominees who reflect the diversity of the Bar in compliance with New York
State Bar Association resolution adopted in June, 1986.
ARTICLE V, Duties of the Officers and Executive Committee
Section 1. Chairperson: The
Chairperson shall preside at all meetings of the Section and shall perform such
other duties and acts as usually pertain to the office of Chairperson, including
the appointment of the Chairperson and members of the Standing
Section 2. Vice-Chairperson:
The Vice-Chairperson shall assist the Chairperson in the
performance of his/her duties when requested to do so. On
the death, resignation or during the disability of the Chairperson, the
Vice-Chairperson shall perform the duties of the Chairperson for the remainder
of the Chairperson’s term, except in the case of the Chairperson’s disability,
and then only for so much of the term as the disability continues.
Section 3. Secretary: The Secretary shall be the custodian of all books,
papers, documents and other property of the Section, except money. He/she shall keep a true record of the proceedings of all meetings of the
Section and of the Executive Committee.
Section 3. Treasurer: The treasurer shall be the custodian of all
financial records of the Section. Such records shall be available during regular
business hours for inspection by any member of the Executive Committee, and by
the Association’s officers, Executive Committee and financial staff. The
Treasurer shall prepare the Section annual budget for approval by the
Association’s Executive Committee. The Treasurer shall
maintain liaison with appropriate fiscal officers of the Association and shall
report on the Section’s finances at each meeting of the Section’s Executive
Committee, at the Section’s annual meeting and at such other times as the Chair,
the Executive Committee or the President of the Association shall
direct. In addition, the Treasurer shall perform such other
and related duties as may be assigned to the Treasurer by the Chair and as are
ordinarily incident to the office of the Treasurer. The term of the Treasurer
shall be a three year appointment, commencing February 1. Immediately upon being
succeeded in office, the Treasurer shall deliver all records, correspondence and
other property of the Section in the Treasurer’s possession or control to the
Treasurer’s successor.A Section member who has held the office of Treasurer may
not be considered for nomination as Chairperson, Vice-Chairperson or
Secretary of the Section for one year following the completion of said
member's term as Treasurer.
Section 5. Executive Committee.
The Executive Committee shall have general supervision and
control of the affairs of the Section subject to the bylaws of the New York
State Bar Association and the Bylaws of this Section. It
shall be responsible for the authorization of all commitments and contracts
which shall entail the payment of money and for the expenditure of all monies
collected by the Section or appropriated by the use and benefit of the
Section 6. The Executive Committee, during
the interim between Annual Meetings of the Section, may fill vacancies in the
offices of the Secretary; Vice-Chairperson and Treasurer, or in the event of a
vacancy in the offices of Chairperson and Vice-Chairperson, then in the office
of Chairperson. The Executive Committee may also fill any vacancy arising in
the committee during the interim between Annual Meetings of the Section. Such
officers and committee members shall be selected in accordance with ARTICLE IV,
Section 3 and shall serve a term in accordance with ARTICLE III, Section
Section 7. Fast Action Committee. If
the Executive Committee is not in session and the matter or matters arise
require an immediate response or decision before the Executive Committee can
formally meet, the Fast Action Committee may take any action required or
permitted by the Executive Committee.
Section 8. The
Fast Action Committee shall consist of the current Chair, Vice-Chair, Secretary
and the immediate past two Chairs. This committee can meet by any electronic
means it deems appropriate including but not limited to telephone, email or
Section 9. If the current Chairin
his or her discretion determines that, the entire Executive Committee should
respond and that time permits it, any action taken by the
Fast Action Committee prior to implementation maybe presented electronically to
the entire executive committee for the purpose of authorizing, amending or
voting down the proposed action.
Section 10. If the Chair authorized
an emergency meeting of the Executive Committee to review the actions of the
Fast Action Committee, such meeting may be done by any electronic means deemed
appropriate by the Chair
ARTICLE VI. Committees
Section 1. There shall be such Standing Committees and Divisions within this
Section as may from time to time be authorized by the Executive
Committee. The Chairperson of the Section shall appoint the
Chairpersons and members of the committees and Chairpersons of the
Divisions. The Chairperson shall appoint such Chairpersons
and members who reflect the diversity of the Section in compliance with New York
State Bar Association resolution adopted June, 1986 and such Chairpersons shall
serve a term in accordance with ARTICLE III, Section 3. The
appointment of a Chairperson may be made from a list of at least two candidates
proposed by the Chairperson of the Standing Committee. Said
Chairperson’s responsibilities shall include the following:
a. To organize said standing committee’s
contribution to one of the two annual meeting programs substantive law update
b. To produce said committee’s annual
contribution of an article to the Torts, Insurance and Compensation Law Section
c. To identify and propose appropriate young
lawyers for consideration for the annual Sheldon Hurwitz Young Lawyers Award, as
well as individuals meriting consideration for other Section honors.
Section 2. Additional committees may be created by the Section or by the Executive
Committee when the Section is not in session. The
Chairpersons of such committees, however, shall not be members of the Executive
Section 3. Divisions may promulgate and adopt bylaws subject to approval by the
Executive Committee of this Section and the House of Delegates of the New York
State Bar Association.
ARTICLE VII. Meetings
Section 1. The
Annual Meeting of the Section shall be held at a time and place designated by
the Executive Committee during the week in which the Annual Meeting of the New
York State Bar Association is held.
Section 2. The
members of the Section present at any meeting shall constitute a quorum for the
transaction of business. If less than 50% of the full
membership of the Executive Committee are present, action by that body may not
be approved by that body unless 75% of those present vote in favor
Section 3. All binding action of the Section shall be by a
majority vote of the members present.
Section 4. All
binding action by the Fast Action Committee pursuant to ARTICLE V, Sections 7
and 8, shall be by a majority vote of the entire Fast Action
Section 5. All binding action by the
emergency Executive Committee to review the actions of Fast Action Committee
pursuant to ARTICLE V, Sections 9 and 10, shall be by a majority vote of the
emergency Executive Committee members present.
ARTICLE VIII. Miscellaneous Provisions
Section 1. Any
action taken by this Section must be approved by the New York State Bar
Association before the same is given publicity or becomes effective as the
action of the New York State Bar Association.
Section 2. These Bylaws shall become effective upon adoption by the members of the
New York State Bar Association who may be in attendance at the first meeting of
this Section, and upon approval by the House of Delegates of the New York State
Section 3. The
Executive Committee shall fix dues for membership in the Section and may make
payment of such amount as is fixed for dues a condition precedent for membership
in the Section.
Section 4. These bylaws may be amended at any Annual Meeting of the Section by a
majority vote of the members of the Section present, provided that no amendment
shall be effective until approved by the Executive Committee of the Section and
the Executive Committee of the New York State Bar Association.