On December 31, 2021, New York Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act (the “Act”) into law. The Act modifies CPLR § 3101(f) and requires that insurance disclosures now be accompanied a sworn certification from both the defendant and defendant’s counsel under new CPLR section 3122-b.
Previously, CPLR § 3101(f) provided that a plaintiff could obtain discovery of the existence and contents of any insurance agreement that could be called upon to satisfy all or part of a judgment. The Act greatly expands on a defendant’s obligations and requires that within sixty (60) days of serving an answer, a defendant must provide:
- A complete copy of all insurance agreements/policies/contracts (including primary, excess, and umbrella policies) through which all or part of a judgment could be satisfied (including declarations, insuring agreements, conditions, exclusions, endorsements and similar provisions, such as insurance applications);
- The amounts available under any insurance agreement/policy/contract to satisfy a judgment;
- The contact information, including telephone number and email address of any person responsible for adjusting the claim;
- Any lawsuits that have reduced or eroded, or may reduce or erode any of the insurance agreements/policies/contracts disclosed; and
- The amount of any attorneys’ fees that have reduced or eroded the face value of any of the insurance agreements/policies/contracts disclosed.
Under the Act, a defendant must also make reasonable efforts to ensure that the information disclosed remains accurate and complete, and must disclose any updated information within thirty (30) days of receiving any information rendering a prior disclosure inaccurate or incomplete.
The Act went into effect December 31, 2021, and applies retroactively to all pending matters. Defendants have been given until March 1, 2022 to provide the new disclosures.
Winget, Spadafora & Schwartzberg, LLP is closely monitoring these developments. If you would like to discuss the implications of these new provisions or would like compliance guidance, please do not hesitate to contact: