Brief Analysis of the Newest Changes to CIDA
On February 28, 2022, Gov. Kathy Hochul signed Senate Bill 7882A amending New York’s recently-enacted Comprehensive Insurance Disclosure Act (“CIDA”) to address and alleviate some of the concerns of attorneys, carriers, and adjusters working in civil litigation defense.
CIDA, which was initially signed into law at the end of 2021, greatly expanded the insurance disclosure requirements for Defendants under New York’s CPLR § 3101(f) and continues to develop and undergo changes as it is implemented into practice. Here are some highlights of the latest modifications to CIDA (as of March 2022):
• CIDA will only apply to cases commenced after December 31, 2021 and will not be retroactive to previously-pending cases.
• CIDA requires compliance within 90 days of filing an Answer (adding 30 days to the previous 60-day requirement) and will only require disclosure of a copy of the policy or just the Declarations page with Plaintiff’s consent.
• CIDA requires disclosure of a full copy of all primary, excess and umbrella policies, “insofar as such documents relate to the claim being litigated.”
• CIDA requires disclosure of the available limits left in the policy or policies after erosion (to be tracked and updated), but will not require detailed information about the lawsuits or previous claims that caused the erosion of the policies’ limits.
• CIDA no longer requires production of the application for insurance.
• CIDA requires disclosure of only the name and email address of an “assigned individual” or adjuster (a phone number need not be disclosed). Further, a third-party administrator will not be required to disclose the name of their contact for the carrier.
• CIDA imposes a duty on the party to make “reasonable efforts” to ensure that the disclosure is accurate and complete. However, supplemental disclosure is required after filing of the Note of Issue and during settlement conference or mediation.
• CIDA will not apply to automobile No-Fault and Personal Injury Protection (PIP) policies.
For now, CIDA remains in full effect with the above modifications, and pursuant to CPLR §3122-b parties and attorneys must certify compliance with CIDA’s requirements in the form of accompanying affidavits and affirmations. MMG is proud to be a leader in insurance defense litigation in New York and New Jersey, and continues to stay proactive regarding these important changes to the law, including monitoring CIDA for anticipated amendments in the future.