March 14, 2022
Summary
An amended and less burdensome version of New York’s Comprehensive Insurance Disclosure Act is now in effect. As detailed in our previous alert, in December 2021, New York State enacted a new law that requires defendants in civil litigations to disclose certain information related to their insurance coverage, including copies of all applicable insurance policies, contact information for adjusters, information related to the amount of available coverage and whether any of that coverage has been eroded, and copies of insurance applications. Before the law even went into effect, the state legislature passed an amendment reducing certain disclosure obligations. The law, as amended, is now in effect.
The Changes
The original version of the Act drew immediate criticism for being more burdensome than similar laws in other jurisdictions and for applying retroactively. The new amendment addresses those criticisms. The amendment makes the following changes to a defendant’s disclosure obligations:
Conclusion
As amended, the Comprehensive Insurance Disclosure Act applies to all civil actions filed in New York State Court on or after December 31, 2021. Defendants (and cross-claim and counter-claim defendants) are required to disclose the following information within 90 days of filing an answer: