NY State Assembly Bill A8852A

Archive: Last Bill Status Via S7882 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (25)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2022	signed chap.136 delivered to governor
Feb 17, 2022	returned to senate passed assembly ordered to third reading cal.378 substituted for a8852a referred to judiciary returned to assembly repassed senate
Feb 14, 2022	amended on third reading 7882a
Feb 14, 2022	vote reconsidered - restored to third reading returned to senate recommitted to judiciary substitution reconsidered recalled from assembly
Feb 07, 2022	ordered to third reading cal.378 substituted for a8852
Feb 17, 2022	substituted by s7882a
Feb 14, 2022	amended on third reading 8852a
Feb 14, 2022	restored to third reading substitution reconsidered
Feb 07, 2022	substituted by s7882
Feb 03, 2022	advanced to third reading cal.378
Feb 01, 2022	reported
Jan 18, 2022	referred to judiciary

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

A8852 - Details

See Senate Version of this Bill:: S7882
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3101, CPLR; amd §4, Chap of 2021 (as proposed in S.7052 & A.8041)

A8852 - Summary

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.

A8852 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8852
 
                           I N  A S S E M B L Y
 
                             January 18, 2022
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Judiciary
 
 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:
 
   Section 1. Subdivision (f) of section 3101 of the civil  practice  law
 and  rules,  as  amended  by  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, is amended to
 read as follows:
   (f)  Contents  of insurance agreement.  (1) [Any] NO LATER THAN NINETY
 DAYS AFTER SERVICE OF AN ANSWER PURSUANT TO RULE THREE HUNDRED TWENTY OR
 SECTION THREE THOUSAND ELEVEN OR THREE THOUSAND NINETEEN OF  THIS  CHAP-
 TER, ANY defendant, third-party defendant, or defendant on a cross-claim
 or  counter-claim shall provide to the plaintiff, third-party plaintiff,
 plaintiff on counter-claim, and any other party in  the  action  [within
 sixty days after serving an answer pursuant to rule three hundred twenty
 or  section  three  thousand  eleven  or three thousand nineteen of this
 chapter notice and] proof of the existence and contents of any insurance
 agreement IN THE FORM OF A COPY OF THE INSURANCE POLICY IN PLACE AT  THE
 TIME OF THE LOSS OR, IF AGREED TO BY SUCH PLAINTIFF OR PARTY IN WRITING,
 IN  THE FORM OF A DECLARATION PAGE, under which any person or entity may
 be liable to satisfy part or all of a judgment that may  be  entered  in
 the action or to indemnify or reimburse for payments made to satisfy the
 entry  of  final  judgment.  A PLAINTIFF OR PARTY WHO AGREES TO ACCEPT A
 DECLARATION PAGE IN LIEU OF A COPY OF  ANY  INSURANCE  POLICY  DOES  NOT
 WAIVE THE RIGHT TO RECEIVE ANY OTHER INFORMATION REQUIRED TO BE PROVIDED
 UNDER  THIS  SUBDIVISION, AND MAY REVOKE SUCH AGREEMENT AT ANY TIME, AND
 UPON NOTICE TO AN APPLICABLE DEFENDANT  OF  SUCH  REVOCATION,  SHALL  BE
 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.

                                                            LBD11693-02-2
 A. 8852                             2

 OF  THE LOSS. Information and documentation, AS EVIDENCED IN THE FORM OF
 A COPY OF THE INSURANCE POLICY IN PLACE AT THE TIME OF THE LOSS  OR  THE
 DECLARATION PAGE, pursuant to this subdivision shall include:
   (i) all primary, excess and umbrella policies, contracts or agreements
 issued  by  private or publicly traded stock companies, mutual insurance
 companies, captive insurance entities, risk retention groups, reciprocal
 insurance exchanges, syndicates, including, but not limited to,  Lloyd's
 Underwriters  as  defined in section six thousand one hundred sixteen of
 the insurance law, surplus line  insurers  and  self-insurance  programs
 sold or delivered within the state of New York INSOFAR AS SUCH DOCUMENTS
 RELATE TO THE CLAIM BEING LITIGATED;
   (ii)  IF THE INSURANCE POLICY IN PLACE IS PROVIDED, a complete copy of
 any policy, contract or agreement UNDER WHICH ANY PERSON OR  ENTITY  MAY
 BE  LIABLE  TO  SATISFY PART OR ALL OF A JUDGMENT THAT MAY BE ENTERED IN
 THE ACTION OR TO INDEMNIFY OR REIMBURSE FOR PAYMENTS MADE TO SATISFY THE
 ENTRY OF FINAL JUDGMENT AS referred to in  [subparagraph  (i)  of]  this
 paragraph,  including, but not limited to, declarations, insuring agree-
 ments, conditions, exclusions, endorsements, and similar provisions;
   (iii) the contact information, including [telephone number]  THE  NAME
 and  e-mail address, of [any person or persons responsible for adjusting
 the claim made to or against the person or entity described in  subpara-
 graph  (i)  of  this paragraph, including third-party administrators and
 persons within the insuring entity to whom the third-party administrator
 is required to report] AN ASSIGNED INDIVIDUAL RESPONSIBLE FOR  ADJUSTING
 THE CLAIM AT ISSUE; AND
   (iv)  the  [amounts] TOTAL LIMITS available under any policy, contract
 or agreement, WHICH SHALL MEAN  THE  ACTUAL  FUNDS,  AFTER  TAKING  INTO
 ACCOUNT  EROSION  AND  ANY  OTHER OFFSETS, THAT CAN BE USED to satisfy a
 judgment described in this subdivision or to reimburse for payments made
 to satisfy the judgment[;
   (v) any lawsuits that have reduced or eroded or may  reduce  or  erode
 such amounts referred to in subparagraph (iv) of this paragraph, includ-
 ing the caption of any such lawsuit, the date the lawsuit was filed, and
 the  identity  and  contact information of the attorneys for all repres-
 ented parties therein; and
   (vi) the amount, if any, of any payment of attorney's fees  that  have
 eroded  or reduced the face value of the policy, along with the name and
 address of any attorney who received such payments].
   (2) A defendant, third-party defendant, or defendant on a  cross-claim
 or  counter-claim  required  to  produce  to  a plaintiff or third-party
 plaintiff or plaintiff on a counter-claim all information set  forth  in
 paragraph  one  of  this subdivision [has an ongoing obligation to] MUST
 make reasonable efforts to ensure that the information remains  accurate
 and  complete, and provide updated information to any party to whom this
 information has been provided [within thirty days of receiving  informa-
 tion rendering the prior disclosure inaccurate or incomplete in whole or
 in  part.  This obligation shall exist during the entire pendency of the
 litigation] AT THE FILING OF THE NOTE OF ISSUE, WHEN ENTERING  INTO  ANY
 FORMAL  SETTLEMENT NEGOTIATIONS CONDUCTED OR SUPERVISED BY THE COURT, AT
 A VOLUNTARY MEDIATION, AND WHEN THE CASE IS CALLED FOR  TRIAL,  and  for
 sixty  days  after any settlement or entry of final judgment in the case
 inclusive of all appeals.
   (3) For purposes of this subdivision,  an  application  for  insurance
 shall  NOT  be  treated  as part of an insurance agreement [and shall be
 disclosed]. DISCLOSURE OF POLICY LIMITS UNDER  THIS  SECTION  SHALL  NOT
 A. 8852                             3
 
 CONSTITUTE  AN  ADMISSION THAT AN ALLEGED INJURY OR DAMAGE IS COVERED BY
 THE POLICY.
   (4) Information concerning the insurance agreement is not by reason of
 disclosure admissible in evidence at trial.
   (5)  THE  REQUIREMENTS  OF THIS SUBDIVISION SHALL NOT APPLY TO ACTIONS
 BROUGHT TO RECOVER MOTOR VEHICLE INSURANCE  PERSONAL  INJURY  PROTECTION
 BENEFITS  UNDER  ARTICLE  FIFTY-ONE  OF  THE INSURANCE LAW OR REGULATION
 SIXTY-EIGHT OF TITLE ELEVEN OF THE  NEW  YORK  CODES,  RULES  AND  REGU-
 LATIONS.
   §  2.  Section  4  of 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, is  amended  to  read  as
 follows:
   § 4. This act shall take effect immediately and apply to all [pending]
 actions COMMENCED ON OR[.  Any information required by this act that has
 not  previously  been provided in pending cases shall be provided within
 sixty days] after such effective date.
   § 3. This act shall take effect  immediately  provided,  however  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2021 amending the civil practice
 law and rules relating to insurance disclosures, as proposed in legisla-
 tive bills numbers S. 7052 and A. 8041, takes effect.

A8852A (ACTIVE) - Details

See Senate Version of this Bill:: S7882
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3101, CPLR; amd §4, Chap of 2021 (as proposed in S.7052 & A.8041)

A8852A (ACTIVE) - Summary

A8852A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8852--A
                                                         Cal. No. 378
 
                           I N  A S S E M B L Y
 
                             January 18, 2022
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee  on  Judiciary -- advanced to a third reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 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:
 
   Section  1.  Subdivision (f) of section 3101 of the civil practice law
 and rules, as amended by 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, is amended to
 read as follows:
   (f) Contents of insurance agreement.  (1) [Any] NO LATER  THAN  NINETY
 DAYS AFTER SERVICE OF AN ANSWER PURSUANT TO RULE THREE HUNDRED TWENTY OR
 SECTION  THREE  THOUSAND ELEVEN OR THREE THOUSAND NINETEEN OF THIS CHAP-
 TER, ANY defendant, third-party defendant, or defendant on a cross-claim
 or counter-claim shall provide to the plaintiff, third-party  plaintiff,
 plaintiff  on  counter-claim,  and any other party in the action [within
 sixty days after serving an answer pursuant to rule three hundred twenty
 or section three thousand eleven or  three  thousand  nineteen  of  this
 chapter notice and] proof of the existence and contents of any insurance
 agreement  IN THE FORM OF A COPY OF THE INSURANCE POLICY IN PLACE AT THE
 TIME OF THE LOSS OR, IF AGREED TO BY SUCH PLAINTIFF OR PARTY IN WRITING,
 IN THE FORM OF A DECLARATION PAGE, under which any person or entity  may
 be  liable  to  satisfy part or all of a judgment that may be entered in
 the action or to indemnify or reimburse for payments made to satisfy the
 entry of final judgment. A PLAINTIFF OR PARTY WHO  AGREES  TO  ACCEPT  A
 DECLARATION  PAGE  IN  LIEU  OF  A COPY OF ANY INSURANCE POLICY DOES NOT
 WAIVE THE RIGHT TO RECEIVE ANY OTHER INFORMATION REQUIRED TO BE PROVIDED
 UNDER THIS SUBDIVISION, AND MAY REVOKE SUCH AGREEMENT AT ANY  TIME,  AND
 UPON  NOTICE  TO  AN  APPLICABLE  DEFENDANT OF SUCH REVOCATION, SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11693-03-2
 A. 8852--A                          2

 PROVIDED WITH THE FULL COPY OF THE INSURANCE POLICY IN PLACE AT THE TIME
 OF THE LOSS. Information and documentation, AS EVIDENCED IN THE FORM  OF
 A  COPY  OF THE INSURANCE POLICY IN PLACE AT THE TIME OF THE LOSS OR THE
 DECLARATION PAGE, pursuant to this subdivision shall include:
   (i) all primary, excess and umbrella policies, contracts or agreements
 issued  by  private or publicly traded stock companies, mutual insurance
 companies, captive insurance entities, risk retention groups, reciprocal
 insurance exchanges, syndicates, including, but not limited to,  Lloyd's
 Underwriters  as  defined in section six thousand one hundred sixteen of
 the insurance law, surplus line  insurers  and  self-insurance  programs
 [sold  or  delivered within the state of New York] INSOFAR AS SUCH DOCU-
 MENTS RELATE TO THE CLAIM BEING LITIGATED;
   (ii) IF THE INSURANCE POLICY IN PLACE IS PROVIDED, a complete copy  of
 any  policy,  contract or agreement UNDER WHICH ANY PERSON OR ENTITY MAY
 BE LIABLE TO SATISFY PART OR ALL OF A JUDGMENT THAT MAY  BE  ENTERED  IN
 THE ACTION OR TO INDEMNIFY OR REIMBURSE FOR PAYMENTS MADE TO SATISFY THE
 ENTRY  OF  FINAL  JUDGMENT  AS referred to in [subparagraph (i) of] this
 paragraph, including, but not limited to, declarations, insuring  agree-
 ments, conditions, exclusions, endorsements, and similar provisions;
   (iii)  the  contact information, including [telephone number] THE NAME
 and e-mail address, of [any person or persons responsible for  adjusting
 the  claim made to or against the person or entity described in subpara-
 graph (i) of this paragraph, including  third-party  administrators  and
 persons within the insuring entity to whom the third-party administrator
 is  required to report] AN ASSIGNED INDIVIDUAL RESPONSIBLE FOR ADJUSTING
 THE CLAIM AT ISSUE; AND
   (iv) the [amounts] TOTAL LIMITS available under any  policy,  contract
 or  agreement,  WHICH  SHALL  MEAN  THE  ACTUAL FUNDS, AFTER TAKING INTO
 ACCOUNT EROSION AND ANY OTHER OFFSETS, THAT CAN BE  USED  to  satisfy  a
 judgment described in this subdivision or to reimburse for payments made
 to satisfy the judgment[;
   (v)  any  lawsuits  that have reduced or eroded or may reduce or erode
 such amounts referred to in subparagraph (iv) of this paragraph, includ-
 ing the caption of any such lawsuit, the date the lawsuit was filed, and
 the identity and contact information of the attorneys  for  all  repres-
 ented parties therein; and
   (vi)  the  amount, if any, of any payment of attorney's fees that have
 eroded or reduced the face value of the policy, along with the name  and
 address of any attorney who received such payments].
   (2)  A defendant, third-party defendant, or defendant on a cross-claim
 or counter-claim required to  produce  to  a  plaintiff  or  third-party
 plaintiff  or  plaintiff on a counter-claim all information set forth in
 paragraph one of this subdivision [has an ongoing  obligation  to]  MUST
 make  reasonable efforts to ensure that the information remains accurate
 and complete, and provide updated information to any party to whom  this
 information  has been provided [within thirty days of receiving informa-
 tion rendering the prior disclosure inaccurate or incomplete in whole or
 in part. This obligation shall exist during the entire pendency  of  the
 litigation]  AT  THE FILING OF THE NOTE OF ISSUE, WHEN ENTERING INTO ANY
 FORMAL SETTLEMENT NEGOTIATIONS CONDUCTED OR SUPERVISED BY THE COURT,  AT
 A  VOLUNTARY  MEDIATION,  AND WHEN THE CASE IS CALLED FOR TRIAL, and for
 sixty days after any settlement or entry of final judgment in  the  case
 inclusive of all appeals.
   (3)  For  purposes  of  this subdivision, an application for insurance
 shall NOT be treated as part of an insurance  agreement  [and  shall  be
 disclosed].  DISCLOSURE  OF  POLICY  LIMITS UNDER THIS SECTION SHALL NOT
 A. 8852--A                          3
 
 CONSTITUTE AN ADMISSION THAT AN ALLEGED INJURY OR DAMAGE IS  COVERED  BY
 THE POLICY.
   (4) Information concerning the insurance agreement is not by reason of
 disclosure admissible in evidence at trial.
   (5)  THE  REQUIREMENTS  OF THIS SUBDIVISION SHALL NOT APPLY TO ACTIONS
 BROUGHT TO RECOVER MOTOR VEHICLE INSURANCE  PERSONAL  INJURY  PROTECTION
 BENEFITS  UNDER  ARTICLE  FIFTY-ONE  OF  THE INSURANCE LAW OR REGULATION
 SIXTY-EIGHT OF TITLE ELEVEN OF THE  NEW  YORK  CODES,  RULES  AND  REGU-
 LATIONS.
   §  2.  Section  4  of 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, is  amended  to  read  as
 follows:
   § 4. This act shall take effect immediately and apply to all [pending]
 actions[.   Any information required by this act that has not previously
 been provided in pending cases shall  be  provided  within  sixty  days]
 COMMENCED ON OR after such effective date.
   §  3.  This  act  shall take effect immediately provided, however that
 section one of this act shall take effect on the same date  and  in  the
 same manner as a chapter of the laws of 2021 amending the civil practice
 law and rules relating to insurance disclosures, as proposed in legisla-
 tive bills numbers S. 7052 and A. 8041, takes effect.

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The New York State Senate

assembly Bill A8852A

Sponsored By

Archive: Last Bill Status Via S7882 - Signed by Governor

Your Voice

Actions

Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Jan 26, 2022 - floor Vote

Floor Vote: Jan 26, 2022

Jan 24, 2022 - Rules committee Vote

Committee Vote: Jan 24, 2022

Bill Amendments

A8852 - Details

A8852 - Summary

A8852 - Bill Text download pdf

A8852A (ACTIVE) - Details

A8852A (ACTIVE) - Summary

A8852A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A8852A

Share this bill

Sponsored By

LUNSFORD

Archive: Last Bill Status Via S7882 - Signed by Governor

Your Voice

Actions

Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Jan 26, 2022 - floor Vote

Floor Vote: Jan 26, 2022

Jan 24, 2022 - Rules committee Vote

Committee Vote: Jan 24, 2022

Bill Amendments

A8852 - Details

A8852 - Summary

A8852 - Bill Text download pdf

A8852A (ACTIVE) - Details

A8852A (ACTIVE) - Summary

A8852A (ACTIVE) - Bill Text download pdf

Comments