As we reported in January, New York State recently passed the Comprehensive Insurance Disclosure Act, signed into law and effective on December 31, 2021. Previously, Civil Practice Law and Rules § 3101(f) simply required a defendant to disclose the “existence and contents” of any insurance policy that may provide coverage for the claims asserted against that defendant. The act amended the disclosure provisions to significantly increase the insurance information required to be provided.
On February 28, 2022, the state passed further amendments, which significantly change the requirements for the disclosures, including as they pertain to timing. As amended, section 3101(f) requires the following information to be disclosed without the need for a demand:
- Complete copies of all primary, excess, and umbrella policies that may indemnify a party for the claim (declaration pages will suffice upon agreement of the parties)
- The name and email address for an individual responsible for adjusting the claim
- The amount of coverage available under any policy, which must be updated if it has been eroded at the filing of the Note of Issue, prior to formal mediation and before trial
Per the February 28, 2022, amendments, the new disclosure laws apply only to lawsuits filed after December 31, 2021. In addition, the disclosures must be made within 90 days of the service of the defendant’s answer (with updated information to be provided at later dates in the litigation if needed). The original act required disclosures in all pending lawsuits by March 1, 2022, which no longer applies. Finally, the amendments clarify that the disclosure requirements do not include insurance applications and do not apply to policies for no-fault or personal injury protection (PIP) benefits.
Practical Tips
Barclay Damon is continuing to counsel clients regarding satisfying the substantial burden imposed by the new law. Parties and insurers should consider the following: in the first instance, defense counsel and the insured have the responsibility to certify the disclosures; insurers and adjusters should promptly respond to requests for insurance information; and agents and brokers can serve as a resource for companies with large insurance programs, especially for identifying and obtaining excess policy information, umbrella policy information, or both.
If you have any questions regarding the content of this alert, please contact Sanjeev Devabhakthuni, partner, at sdevabhakthuni@barclaydamon.com; Tony Piazza, Insurance Coverage & Regulation Practice Area chair, at apiazza@barclaydamon.com; Tom Cronmiller, Professional Liability Practice Area chair, at tcronmiller@barclaydamon.com; Matthew Larkin, Torts & Products Liability Defense Practice Area chair, at mlarkin@barclaydamon.com; Carol Snider, Mass & Toxic Torts Practice Area chair, at csnider@barclaydamon.com; or another member of the firm’s Insurance Coverage & Regulation, Professional Liability, Torts & Products Liability Defense, or Mass & Toxic Torts Practice Areas.