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, as amended, with reference to the changes which were the result of the Chapter Amendments, just signed into law:
- Disclosure rules only apply to cases sued after 12/31/21. Earlier version had the statute applying to all pending cases.
- Disclosure of policies to be made within 90 days of answer, without necessity for demands. Earlier version had statute requiring 60-day production.
- 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. Earlier version required production of same.
- Limits available under policy must be provided at specified time. Earlier version required more frequent updates.
- Production requirements do not apply to actions for no-fault benefits.
Dual certification necessary by both attorney and insured (proposed language in attached checklist).
Insurance Coverage Attorneys Dan Kohane and Ryan Maxwell are up-to-date on the latest CIDA developments. A complete CIDA compliance checklist is available for download here.