The amended version of the New York Comprehensive Insurance Act (CIDA) has now been signed into law, known as Chapter 136 of the Laws of 2022.  It amends CIDA as adopted on December 31, 2021, Chapter 832 of the Laws of 2021. 

While the amendments take out some of the sting of CIDA, as first adopted, it still has some significant obligations placed on defense counsel, with the participation of liability insurers.  The statute requires production of liability policies, primary and excess, that may provide coverage for an insured along with specified certifications and scheduled updates about erosion of available policy limits.

Here are the major components of the new statute pursuant to CPLR 3101(f)(1):

• Disclosure rules only apply to cases sued after 12/31/21. 

• Disclosure of policies to be made within 90 days of answer, without necessity for demands.

• All policies, primary and excess, to be produced. Declarations pages can be produced in lieu of policies by written agreement.

• Policy Application need not be produced. 

• Limits available under policy must be provided at specified time to be determined.

• Production requirements do not apply to actions for no-fault benefits.

• Dual certification necessary by both attorney and insured (proposed language in attached checklist).

Ms. Saia is available if you have any questions.