The New York State Senate

 
                     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

 S. 7052                             2
 
   (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;
   (II)  A COMPLETE COPY OF ANY POLICY, CONTRACT OR AGREEMENT REFERRED TO
 IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, INCLUDING, BUT  NOT  LIMITED  TO,
 DECLARATIONS, INSURING AGREEMENTS, CONDITIONS, EXCLUSIONS, ENDORSEMENTS,
 AND SIMILAR PROVISIONS;
   (III)  THE  CONTACT INFORMATION, INCLUDING TELEPHONE NUMBER AND E-MAIL
 ADDRESS, OF ANY PERSON OR PERSONS RESPONSIBLE FOR  ADJUSTING  THE  CLAIM
 MADE TO OR AGAINST THE PERSON OR ENTITY DESCRIBED IN SUBPARAGRAPH (I) OF
 THIS  PARAGRAPH, INCLUDING THIRD-PARTY ADMINISTRATORS AND PERSONS WITHIN
 THE INSURING ENTITY TO WHOM THE THIRD-PARTY ADMINISTRATOR IS REQUIRED TO
 REPORT;
   (IV) THE AMOUNTS AVAILABLE UNDER ANY POLICY, CONTRACT OR AGREEMENT  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 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 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 BE TREATED  AS  PART  OF  AN  INSURANCE  AGREEMENT  AND  SHALL  BE
 DISCLOSED.
   (4) INFORMATION CONCERNING THE INSURANCE AGREEMENT IS NOT BY REASON OF
 DISCLOSURE ADMISSIBLE IN EVIDENCE AT TRIAL.
   §  3.  The  civil  practice  law  and rules is amended by adding a new
 section 3122-b to read as follows:
   § 3122-B. CERTIFICATION OF INSURANCE DISCLOSURE. INFORMATION  PROVIDED
 PURSUANT  TO  SUBDIVISION  (F) OF SECTION THIRTY-ONE HUNDRED ONE OF THIS
 ARTICLE SHALL BE ACCOMPANIED BY A CERTIFICATION BY THE DEFENDANT, THIRD-
 PARTY DEFENDANT, OR DEFENDANT ON A CROSS-CLAIM OR  COUNTER-CLAIM  AND  A
 CERTIFICATION  BY  ANY ATTORNEY APPEARING FOR THE DEFENDANT, THIRD-PARTY
 DEFENDANT, OR DEFENDANT ON A CROSS-CLAIM OR COUNTER-CLAIM, SWORN IN  THE
 FORM  OF AN AFFIDAVIT OR AFFIRMATION WHERE APPROPRIATE, STATING THAT THE
 INFORMATION IS ACCURATE AND COMPLETE, AND THAT REASONABLE  EFFORTS  HAVE
 BEEN UNDERTAKEN, AND IN ACCORDANCE WITH PARAGRAPH TWO OF SUBDIVISION (F)

 S. 7052                             3
 
 OF SECTION THIRTY-ONE HUNDRED ONE OF THIS ARTICLE WILL BE UNDERTAKEN, TO
 ENSURE THAT THIS INFORMATION REMAINS ACCURATE AND COMPLETE.
   §  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 after
 such effective date.