Bill Text: NY S07882 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to amending the comprehensive insurance disclosure act to require that all parties provide notice and proof of the existence and contents of any insurance agreement, including coverage amounts, under which any person or entity may be liable to satisfy part or all of a judgment within ninety days of serving an answer in an action; makes provisions applicable to actions commenced on or after the effective date.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-02-24 - SIGNED CHAP.136 [S07882 Detail]
Download: New_York-2021-S07882-Introduced.html
Bill Title: Relates to amending the comprehensive insurance disclosure act to require that all parties provide notice and proof of the existence and contents of any insurance agreement, including coverage amounts, under which any person or entity may be liable to satisfy part or all of a judgment within ninety days of serving an answer in an action; makes provisions applicable to actions commenced on or after the effective date.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-02-24 - SIGNED CHAP.136 [S07882 Detail]
Download: New_York-2021-S07882-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7882 IN SENATE January 18, 2022 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil practice law and rules, in relation to insur- ance disclosures; and to amend a chapter of the laws of 2021 amending the civil practice law and rules relating to insurance disclosures, as proposed in legislative bills numbers S. 7052 and A. 8041, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (f) of section 3101 of the civil practice law 2 and rules, as amended by a chapter of the laws of 2021 amending the 3 civil practice law and rules relating to insurance disclosures, as 4 proposed in legislative bills numbers S. 7052 and A. 8041, is amended to 5 read as follows: 6 (f) Contents of insurance agreement. (1) [Any] No later than ninety 7 days after service of an answer pursuant to rule three hundred twenty or 8 section three thousand eleven or three thousand nineteen of this chap- 9 ter, any defendant, third-party defendant, or defendant on a cross-claim 10 or counter-claim shall provide to the plaintiff, third-party plaintiff, 11 plaintiff on counter-claim, and any other party in the action [within12sixty days after serving an answer pursuant to rule three hundred twenty13or section three thousand eleven or three thousand nineteen of this14chapter notice and] proof of the existence and contents of any insurance 15 agreement in the form of a copy of the insurance policy in place at the 16 time of the loss or, if agreed to by such plaintiff or party in writing, 17 in the form of a declaration page, under which any person or entity may 18 be liable to satisfy part or all of a judgment that may be entered in 19 the action or to indemnify or reimburse for payments made to satisfy the 20 entry of final judgment. A plaintiff or party who agrees to accept a 21 declaration page in lieu of a copy of any insurance policy does not 22 waive the right to receive any other information required to be provided 23 under this subdivision, and may revoke such agreement at any time, and 24 upon notice to an applicable defendant of such revocation, shall be 25 provided with the full copy of the insurance policy in place at the time EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11693-02-2S. 7882 2 1 of the loss. Information and documentation, as evidenced in the form of 2 a copy of the insurance policy in place at the time of the loss or the 3 declaration page, pursuant to this subdivision shall include: 4 (i) all primary, excess and umbrella policies, contracts or agreements 5 issued by private or publicly traded stock companies, mutual insurance 6 companies, captive insurance entities, risk retention groups, reciprocal 7 insurance exchanges, syndicates, including, but not limited to, Lloyd's 8 Underwriters as defined in section six thousand one hundred sixteen of 9 the insurance law, surplus line insurers and self-insurance programs 10 sold or delivered within the state of New York insofar as such documents 11 relate to the claim being litigated; 12 (ii) if the insurance policy in place is provided, a complete copy of 13 any policy, contract or agreement under which any person or entity may 14 be liable to satisfy part or all of a judgment that may be entered in 15 the action or to indemnify or reimburse for payments made to satisfy the 16 entry of final judgment as referred to in [subparagraph (i) of] this 17 paragraph, including, but not limited to, declarations, insuring agree- 18 ments, conditions, exclusions, endorsements, and similar provisions; 19 (iii) the contact information, including [telephone number] the name 20 and e-mail address, of [any person or persons responsible for adjusting21the claim made to or against the person or entity described in subpara-22graph (i) of this paragraph, including third-party administrators and23persons within the insuring entity to whom the third-party administrator24is required to report] an assigned individual responsible for adjusting 25 the claim at issue; and 26 (iv) the [amounts] total limits available under any policy, contract 27 or agreement, which shall mean the actual funds, after taking into 28 account erosion and any other offsets, that can be used to satisfy a 29 judgment described in this subdivision or to reimburse for payments made 30 to satisfy the judgment[;31(v) any lawsuits that have reduced or eroded or may reduce or erode32such amounts referred to in subparagraph (iv) of this paragraph, includ-33ing the caption of any such lawsuit, the date the lawsuit was filed, and34the identity and contact information of the attorneys for all repres-35ented parties therein; and36(vi) the amount, if any, of any payment of attorney's fees that have37eroded or reduced the face value of the policy, along with the name and38address of any attorney who received such payments]. 39 (2) A defendant, third-party defendant, or defendant on a cross-claim 40 or counter-claim required to produce to a plaintiff or third-party 41 plaintiff or plaintiff on a counter-claim all information set forth in 42 paragraph one of this subdivision [has an ongoing obligation to] must 43 make reasonable efforts to ensure that the information remains accurate 44 and complete, and provide updated information to any party to whom this 45 information has been provided [within thirty days of receiving informa-46tion rendering the prior disclosure inaccurate or incomplete in whole or47in part. This obligation shall exist during the entire pendency of the48litigation] at the filing of the note of issue, when entering into any 49 formal settlement negotiations conducted or supervised by the court, at 50 a voluntary mediation, and when the case is called for trial, and for 51 sixty days after any settlement or entry of final judgment in the case 52 inclusive of all appeals. 53 (3) For purposes of this subdivision, an application for insurance 54 shall not be treated as part of an insurance agreement [and shall be55disclosed]. Disclosure of policy limits under this section shall notS. 7882 3 1 constitute an admission that an alleged injury or damage is covered by 2 the policy. 3 (4) Information concerning the insurance agreement is not by reason of 4 disclosure admissible in evidence at trial. 5 (5) The requirements of this subdivision shall not apply to actions 6 brought to recover motor vehicle insurance personal injury protection 7 benefits under article fifty-one of the insurance law or regulation 8 sixty-eight of title eleven of the New York codes, rules and regu- 9 lations. 10 § 2. Section 4 of a chapter of the laws of 2021 amending the civil 11 practice law and rules relating to insurance disclosures, as proposed in 12 legislative bills numbers S. 7052 and A. 8041, is amended to read as 13 follows: 14 § 4. This act shall take effect immediately and apply to all [pending] 15 actions commenced on or[. Any information required by this act that has16not previously been provided in pending cases shall be provided within17sixty days] after such effective date. 18 § 3. This act shall take effect immediately provided, however that 19 section one of this act shall take effect on the same date and in the 20 same manner as a chapter of the laws of 2021 amending the civil practice 21 law and rules relating to insurance disclosures, as proposed in legisla- 22 tive bills numbers S. 7052 and A. 8041, takes effect.