CPLR Amended To Require Defendants To Automatically Disclose Insurance Information

On December 31, 2021, Governor Kathy Hochul signed into law an amendment to Rule 3101(f) of the New York Civil Practice Law and Rules (‘CPLR’) that requires a defendant to automatically disclose all insurance policies under which an insurer may be liable to satisfy a judgment (the ‘New Rule’).

The New Rule applies to all relevant insurance policies, including primary, excess, and umbrella policies -- without regard to the potential magnitude of a judgment in the particular case.

The new insurance disclosure requirements are designed to avoid delays in production of insurance information -- with the apparent goal to promote early settlements.

While the greatest impact of early disclosure is likely to be seen in personal injury actions, the new requirements apply to all cases, not just tort actions. The lone exception is for cases brought to recover motor vehicle personal injury protection (‘PIP’) benefits, to which the automatic disclosure rule does not apply.