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THANK YOU SENATORS! Much more manageable. Update on NY Comprehensive Insurance Disclosure Act (CIDA)

Posted by Suzanne M. Saia | Jan 26, 2022 | 0 Comments

The Senate passed the amendment bill by a 60-1 vote.  This is how the proposed amendments will impact NY Comprehensive Insurance Disclosure Act (CIDA) if adopted, as signed into law as Chapter 832 of the Laws of 2021. https://lnkd.in/dpbTt9Wp

  1. Disclosure statute would only apply to lawsuits filed after 12/31/21 effective date, and not retroactively applied to pending cases.
  2. Disclosures of policies or declarations pages shall take place within 90 days after answer is filed. If Dec page is accepted, parties can still request policies.
  3. Disclosure of contact information for person adjusting the claim is still required, but only name and email address.
  4. No need, anymore, for TPAs to disclose the name of the person to whom they are reporting.
  5. Total limits available under the policy are to be disclosed, after taking into account policy erosion.
  6. The amendments eliminate disclosure of lawsuits and contacts for those lawsuits that may erode the policy.
  7. Eliminate attorney fee disclosure.
  8. Disclosures to take place at the filing of the note of issue, entering into negotiations, or mediation.
  9. Applications for insurance no longer to be disclosed.
  10. Dual certifications, by counsel and the insured are still required.
  11. Does not apply to PIP lawsuits.

About the Author

Suzanne M. Saia

The Firm's principal, Suzanne Saia, is a former Prosecutor with the Bronx District Attorneys Office and has worked in the insurance coverage arena for over 20 years.  Ms. Saia brings her zealous advocacy for her clients inside and outside of the court room to swiftly litigate cases from inception...

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