New York, N.Y. (December 7, 2023) - It has long been the rule in New York that a defendant should disclose all insurance policies that might provide coverage to the plaintiff for an underlying claim. McKiernan v Vaccaro, 168 AD3d 827 [2d Dept 2019]; Keenan v Harbor View Health & Beauty Spa, 205 AD2d 589 [2d Dept 1994]. This rule applies to all tort cases, including motor vehicle; however, it does not apply to lawsuits seeking to recover No Fault expenses (see, CPLR 3101(f)(5)).
Frequently, a plaintiff will demand a copy of the policy even when the claim is still pre-suit. This raises the question of when the insurer must comply with this specific type of discovery demand in New York.
The New York legislature clarified this issue in its 2021 amendment to NY CPLR 3101(f), effective December 31, 2021. The statute now provides that a copy of the policy must be provided "no later than ninety days after service of an answer." Therefore, the obligation to turn over a copy of the policy does not apply pre-suit. Accordingly, insurers can object on this ground any time a plaintiff demands a copy of a policy pre-suit. The statute applies to all actions commended on or after December 31, 2021.
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