Senate Bill S7789

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7789
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN  ACT  to  amend  the  insurance  law  and the social services law, in
   relation to certain civil actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new section 346 to
 read as follows:
   §  346.  DISCLOSURE  OF CERTAIN INSURANCE INFORMATION. (A) (1) FOR ANY
 CLAIM OR CIVIL ACTION THAT MAY BE BROUGHT PURSUANT TO SUBDIVISION (B) OF
 SECTION TWO HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND  RULES,  SECTION
 TWO  HUNDRED  THIRTEEN-C OF THE CIVIL PRACTICE LAW AND RULES, OR SECTION
 TWO HUNDRED FOURTEEN-G, SECTION TWO HUNDRED FOURTEEN-J,  OR  SUBDIVISION
 (C)  OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW,
 EACH WHICH DOES OR MAY PROVIDE LIABILITY COVERAGE TO PAY FOR  ALL  OR  A
 PORTION  OF  ANY  CLAIM,  REGARDLESS  OF WHETHER A CIVIL ACTION HAS BEEN
 COMMENCED, SHALL, WITHIN THIRTY DAYS OF A WRITTEN REQUEST BY A POTENTIAL
 OR ACTUAL CLAIMANT OR THE CLAIMANT'S ATTORNEY, PROVIDE  A  SWORN  STATE-
 MENT,  UNDER OATH, OF A CORPORATE OFFICER OR THE INSURER'S CLAIMS MANAG-
 ER, SETTING FORTH THE FOLLOWING INFORMATION FOR  EACH  KNOWN  POLICY  OF
 INSURANCE, INCLUDING EXCESS OR UMBRELLA INSURANCE:
   (I) THE NAME OF THE INSURER;
   (II) THE NAME OF EACH INSURED, INCLUDING ADDITIONAL INSUREDS;
   (III) THE LIMITS OF THE LIABILITY COVERAGE; AND
   (IV)  A STATEMENT OF ANY POLICY OR COVERAGE DEFENSE WHICH SUCH INSURED
 REASONABLY BELIEVES IS AVAILABLE TO SUCH INSURED AT THE TIME THE  STATE-
 MENT IS SIGNED.
   (2)  THE  INSURER  SHALL ALSO PROVIDE A COMPLETE COPY OF THE POLICY TO
 THE CLAIMANT OR CLAIMANT'S ATTORNEY.
   (B) IN ADDITION, THE INSURED, OR THE INSURED'S INSURANCE  AGENT,  UPON
 WRITTEN  REQUEST  OF  THE  CLAIMANT  OR  THE  CLAIMANT'S ATTORNEY, SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11933-01-5
              

 S. 7789                             2
 
 DISCLOSE THE NAME AND COVERAGE OF EACH KNOWN INSURER TO THE CLAIMANT AND
 SHALL FORWARD SUCH REQUEST FOR INFORMATION TO ALL AFFECTED INSURERS. THE
 INSURER SHALL THEN SUPPLY THE INFORMATION REQUIRED BY  THIS  SECTION  TO
 THE CLAIMANT OR THE CLAIMANT'S ATTORNEY WITHIN THIRTY DAYS.
   (C)  THE STATEMENT REQUIRED BY SUBSECTION (A) OF THIS SECTION SHALL BE
 AMENDED IMMEDIATELY UPON DISCOVERY OF FACTS CALLING FOR AN AMENDMENT  TO
 SUCH STATEMENT.
   § 2. The social services law is amended by adding a new section 483-gg
 to read as follows:
   § 483-GG. IMMIGRATION STATUS PROHIBITED AS PART OF SWORN TESTIMONY. IN
 ALL  CIVIL  CLAIMS OR CAUSES OF ACTION BROUGHT BY AN INDIVIDUAL WHO IS A
 VICTIM OF THE CONDUCT PROHIBITED BY SECTION  230.33,  230.34,  230.34-A,
 135.35 OR 135.37 OF THE PENAL LAW, INCLUDING ANY ACTION OR CLAIM BROUGHT
 UNDER  SUBDIVISION  (C)  OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF THIS
 ARTICLE OR SUBDIVISION (B) OF SECTION  TWO  HUNDRED  FOURTEEN-G  OF  THE
 CIVIL  PRACTICE  LAW  AND  RULES, NO PARTY SHALL BE COMPELLED TO PROVIDE
 SWORN TESTIMONY AS TO THE LEGALITY OF THEIR IMMIGRATION  STATUS  IN  THE
 UNITED STATES AT ANY TIME DURING THE ACTION OR PROCEEDING.
   § 3. This act shall take effect immediately.