senate Bill S7052

2021-2022 Legislative Session

Enacts the comprehensive insurance disclosure act

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading rules cal.788
substituted for a8041
referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1730
committee discharged and committed to rules
May 26, 2021 referred to judiciary

S7052 (ACTIVE) - Details

See Assembly Version of this Bill:
A8041
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, add §3122-b, CPLR

S7052 (ACTIVE) - Summary

Enacts 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 sixty days of serving an answer in an action.

S7052 (ACTIVE) - Sponsor Memo

S7052 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7052
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT to amend the civil practice law and rules, in relation to insur-
   ance disclosures
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "comprehensive insurance disclosure act."
   § 2. Subdivision (f) of section 3101 of the  civil  practice  law  and
 rules,  as  added by chapter 668 of the laws of 1975, is amended to read
 as follows:
   (f) Contents of insurance agreement. [A party may obtain discovery  of
 the  existence  and  contents of any insurance agreement under which any
 person carrying on an insurance business may be liable to  satisfy  part
 or  all of a judgment which may be entered in the action or to indemnify
 or reimburse for payments made  to  satisfy  the  judgment.  Information
 concerning the insurance agreement is not by reason of disclosure admis-
 sible in evidence at trial. For purpose of this subdivision, an applica-
 tion  for  insurance shall not be treated as part of an insurance agree-
 ment] (1) 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  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. INFORMATION AND DOCUMENTATION PURSUANT TO THIS  SUBDIVI-
 SION SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11693-01-1

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