S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7882--A
     Cal. No. 296
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Rules -- reported favora-
   bly from said committee, ordered to a third reading, passed by  Senate
   and  delivered  to the Assembly, recalled, vote reconsidered, restored
   to third reading, amended and ordered reprinted, retaining  its  place
   in 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11693-04-2
 S. 7882--A                          2
 
 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
 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.
 S. 7882--A                          3
 
   (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
 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.