THE SCAFFOLD LAW

IS MORE INFORMATION NEEDED?

Supporters of the current Law argue these alleged costs need clarification and examination to determine the true impact of the Scaffold Law on insurance rates, whereas the newly expanded coalition of reform supporters say there is more than enough information to warrant a long overdue adjustment to the absolute liability standard applied under the Law. According to Mr. Elmendorf, the call for the release of more information is a "red herring," because this information and more is already collected by the New York State Department of Financial Services, the agency that regulates insurance providers in the State.

Furthermore, a significant body of loss-cost data from all major insurance carriers, compiled by the Insurance Services Office (ISO), has been released and shared with the administration of Governor Andrew Cuomo and the New York State Legislature. It shows dramatically higher loss costs in impacted classes of construction in New York compared to all comparable and neighboring states. Supporters claim, however, that loss-cost data likewise warrant closer examination because they also may include non-height-related injuries.

"There is plenty of data and the data is irrefutable. The problem is the other side doesn't like what the data says, so they reject it. Any additional data will tell the same story because the reality is clear to everyone involved," said Mr. Elmendorf. Still, Mr. Coletti says that the Get New York Building organization the BTEA and others have formed is researching data that can help expand support for Scaffold Law reform, but adds, "The data is difficult to retrieve since most cases are settled not litigated, and the parties agree to keep the details confidential."