New York Insurance Disclosure: What Must You Provide?
New York Insurance Disclosure: What Must You Provide?
Legal content overseen by Nathan Walter, Esq., attorney licensed in California (State Bar No. 313299).
In New York civil litigation covered by CPLR 3101(f), a defendant must provide specified insurance information no later than 90 days after service of an answer. The disclosure includes the policy in place at the time of the loss, or a declaration page the receiving party accepts in writing, plus required policy, adjuster, and available-limit information. CPLR 3122-b requires accompanying certifications from the defendant and from an attorney appearing for the defendant.
A policy PDF is only one component of the disclosure packet. This guide covers each component of New York insurance disclosure, the update events, and what the rule leaves undecided.
It excludes actions to recover motor vehicle personal injury protection (PIP) benefits (CPLR 3101(f)(5)). Briefpoint supports the surrounding written discovery responses workflow.
What does New York insurance disclosure require, and when is it due?
CPLR 3101(f)(1) requires the specified defendant-side parties to provide insurance information no later than 90 days after service of an answer. The provision directs disclosure to the plaintiff-side parties it names and any other party in the action, and does not condition that duty on first receiving a document demand.
CPLR 3101(f)(1) ties the 90 days to an answer “pursuant to rule three hundred twenty or section three thousand eleven or three thousand nineteen of this chapter.” The statute states a period, not a calendar date.
The duty falls on “any defendant, third-party defendant, or defendant on a cross-claim or counter-claim,” and the recipients include the “plaintiff, third-party plaintiff, plaintiff on counter-claim, and any other party in the action” (CPLR 3101(f)(1)).
Quick reference: New York insurance disclosure packet
| Item | Rule to retain | Authority |
|---|---|---|
| Initial delivery | No later than 90 days after service of an answer | CPLR 3101(f)(1) |
| Policy copy | Policy in place at the time of the loss; declaration page only by written agreement | CPLR 3101(f)(1) |
| Policy layers | Primary, excess, umbrella, and listed arrangements relating to the claim being litigated | CPLR 3101(f)(1)(i) |
| Adjuster | Name and e-mail address of assigned adjuster | CPLR 3101(f)(1)(iii) |
| Available limits | Actual funds after erosion and any other offsets | CPLR 3101(f)(1)(iv) |
| Certifications | Defendant-side party and appearing attorney; sworn where appropriate | CPLR 3122-b |
| Updates | Listed litigation events; for 60 days after any settlement or entry of final judgment in the case, inclusive of all appeals | CPLR 3101(f)(2) |
| PIP exception | Actions to recover motor vehicle PIP benefits | CPLR 3101(f)(5) |
Can a declaration page replace the full insurance policy?
A declaration page may replace the policy copy only if the receiving plaintiff or party agrees in writing under CPLR 3101(f)(1). That party keeps the right to the other required information and may revoke the agreement at any time. After notice of revocation, the full policy in place at the time of the loss must be provided.
The statute says: “A plaintiff or party who agrees to accept a declaration page in lieu of a copy of any insurance policy does not waive the right to receive any other information required to be provided under this subdivision, and may revoke such agreement at any time, and upon notice to an applicable defendant of such revocation, shall be provided with the full copy of the insurance policy in place at the time of the loss” (CPLR 3101(f)(1)).
A declaration page covers only the policy-copy component. Adjuster contact information and total limits available remain separate required items.
When the full policy is provided, CPLR 3101(f)(1)(ii) describes it as “a complete copy of any policy, contract or agreement,” “including, but not limited to, declarations, insuring agreements, conditions, exclusions, endorsements, and similar provisions.”
As a workflow suggestion, not a statutory requirement, keep the written consent to a declaration page in the production record. The statute does not state a number of days for responding to a revocation, and this guide does not supply one.
Which policies, adjuster details, and limits belong in the packet?
The disclosure covers primary, excess, and umbrella policies and the other listed arrangements insofar as they relate to the claim being litigated. CPLR 3101(f)(1)(iii)-(iv) also calls for the assigned adjuster’s name and e-mail address and the actual funds available after erosion and other offsets.
On layers, CPLR 3101(f)(1)(i) reaches “all primary, excess and umbrella policies, contracts or agreements issued by private or publicly traded stock companies, mutual insurance companies, captive insurance entities, risk retention groups, reciprocal insurance exchanges, syndicates.” Later in the same clause it reaches “surplus line insurers and self-insurance programs insofar as such documents relate to the claim being litigated.” Those are two excerpts from one clause, with other text between them. The “relate to the claim being litigated” language limits the clause.
CPLR 3101(f)(1)(iii) calls for “the contact information, including the name and e-mail address, of an assigned individual responsible for adjusting the claim at issue.”
What counts as total limits available?
CPLR 3101(f)(1)(iv) defines total limits available as “the actual funds, after taking into account erosion and any other offsets, that can be used to satisfy a judgment described in this subdivision or to reimburse for payments made to satisfy the judgment.” A limit printed on a policy’s cover sheet and the actual funds available can differ, and the statute asks for the actual funds.
A tracking worksheet for the packet
These suggested document-control columns are not statutory mandates:
- coverage layer
- policy identifier and period
- supplied documents
- assigned adjuster
- reported available funds, with the date and source of confirmation
The example below is invented. Assume an applicable policy originally carries $1,000,000, with $150,000 of erosion and $50,000 of other offsets, and no other changes. The arithmetic gives $800,000 for the available-funds field. The example establishes neither coverage nor real available limits, and policy interpretation needs attorney review.
For document handling, see organizing discovery documents and Bates numbering, which cover general production workflow, not New York procedure.
Who must certify the insurance disclosure?
CPLR 3122-b requires both a certification by the specified defendant-side party and a certification by an attorney appearing for that party. The certifications are sworn in affidavit or affirmation form where appropriate and state accuracy, completeness, and the reasonable efforts undertaken and to be undertaken.
The operative text says the information “shall be accompanied by a certification by the defendant, third-party defendant, or defendant on a cross-claim or counter-claim and a certification by any attorney appearing for the defendant, third-party defendant, or defendant on a cross-claim or counter-claim, sworn in the form of an affidavit or affirmation where appropriate, stating that the information is accurate and complete, and that reasonable efforts have been undertaken.” The paragraph closes: “will be undertaken, to ensure that this information remains accurate and complete” (CPLR 3122-b).
Those are two excerpts of one paragraph. Between them, the statute connects the future reasonable efforts to paragraph two of subdivision (f) of section 3101, the update provision covered below. A counsel-only certification does not supply both certifications identified in the statute.
An internal review sequence, which is a workflow and not a prescribed form, can help the two signers:
- Confirm the identity of the certifying party and the appearing attorney.
- Check the packet against the components in CPLR 3101(f)(1).
- Confirm the reasonable efforts already undertaken.
- Obtain the sworn certifications.
The discovery checklist covers general review steps. This guide offers no execution-ready affidavit.
When must insurance disclosures be updated?
CPLR 3101(f)(2) requires reasonable efforts to keep the information accurate and complete. It specifies update points at the note of issue, court-conducted or supervised formal settlement negotiations, voluntary mediation, and the call for trial. The provision also extends updates for 60 days after settlement or entry of final judgment, inclusive of all appeals.
The full text reads: “A defendant, third-party defendant, or defendant on a cross-claim or counter-claim required to produce to a plaintiff or third-party plaintiff or plaintiff on a counter-claim all information set forth in paragraph one of this subdivision must make reasonable efforts to ensure that the information remains accurate and complete, and provide updated information to any party to whom this information has been provided at the filing of the note of issue, when entering into any formal settlement negotiations conducted or supervised by the court, at a voluntary mediation, and when the case is called for trial, and for sixty days after any settlement or entry of final judgment in the case inclusive of all appeals” (CPLR 3101(f)(2)).
The 60 days belong to the update provision. They are not the initial disclosure deadline.
A suggested workflow, which the statute does not require: assign an attorney-owned checklist keyed to these events and ask for confirmation of available funds before each one.
What does insurance disclosure leave out or leave undecided?
For CPLR 3101(f), an insurance application is not treated as part of the insurance agreement, and disclosing policy limits does not admit coverage. Disclosure alone also does not make the insurance information admissible at trial. The subdivision separately excludes specified actions to recover motor vehicle PIP benefits.
CPLR 3101(f)(3) states: “For purposes of this subdivision, an application for insurance shall not be treated as part of an insurance agreement. Disclosure of policy limits under this section shall not constitute an admission that an alleged injury or damage is covered by the policy.”
CPLR 3101(f)(4) states: “Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial.” The sentence addresses what disclosure alone does, and this guide does not read it as an absolute evidentiary bar.
CPLR 3101(f)(5) provides that the requirements “shall not apply to actions brought to recover motor vehicle insurance personal injury protection benefits under article fifty-one of the insurance law or regulation sixty-eight of title eleven of the New York codes, rules and regulations.” The exception names those benefit actions and should not be broadened to every automobile-injury lawsuit (CPLR 3101(f)(3)-(5)).
This guide does not address coverage questions, effective dates, or older cases.
How can Briefpoint support the related discovery workflow?
Briefpoint drafts responses and objections to interrogatories, requests for production, and requests for admission in editable Microsoft Word documents, with attorneys retaining final review. Client Bridge collects client answers and uploaded documents through a secure link, while Autodoc finds responsive documents, adds page-level Bates citations, and builds a Bates-numbered production package.
The insurance packet and its sworn certifications under CPLR 3101(f) and 3122-b are separate from those written discovery tasks. This guide discusses Briefpoint only for related written-discovery work, not as a tool for certification, coverage analysis, available-limit calculations, or update tracking. Attorneys confirm applicability, accuracy, completeness, actual limits, certification, and updates.
Insurer-appointed defense teams may use Client Bridge and Autodoc in the related collection and response work; see discovery workflows for insurance teams and requests for production.
To see how Briefpoint supports your discovery workflow, Book a demo.
See Briefpoint in the video below:
FAQs About New York Insurance Disclosure
New York insurance disclosure turns on written consent for a declaration page, actual available funds, and separate party and attorney certifications under CPLR 3101(f) and 3122-b.
Can a defendant disclose only an insurance declaration page in New York?
Only if the receiving plaintiff or party agrees in writing. Under CPLR 3101(f)(1), accepting a declaration page does not waive the right to other required insurance information. The receiving party may revoke the agreement at any time; after notice of revocation, the defendant must provide the full policy in place at the time of the loss.
Does New York insurance disclosure include excess and umbrella coverage?
Yes, CPLR 3101(f)(1)(i) includes primary, excess, and umbrella policies and other listed arrangements insofar as the documents relate to the claim being litigated. The disclosure is therefore not limited to the primary policy. The separate available-limits requirement concerns actual funds after erosion and other offsets.
Can the defense attorney alone certify the insurance disclosure?
No. CPLR 3122-b calls for a certification by the specified defendant-side party and a certification by an attorney appearing for that party. The certifications are sworn in affidavit or affirmation form where appropriate and address accuracy, completeness, and reasonable efforts to keep the information accurate and complete. A counsel-only certification does not supply both certifications identified in the statute.
Is the initial insurance disclosure deadline 60 days or 90 days?
CPLR 3101(f)(1) sets the initial period at no later than 90 days after service of an answer. The 60-day language appears in the update provision, CPLR 3101(f)(2), which addresses the period after settlement or entry of final judgment, inclusive of all appeals. They are different timing rules.
Does disclosure of insurance policy limits admit coverage?
No. CPLR 3101(f)(3) expressly states that disclosing policy limits is not an admission that the alleged injury or damage is covered by the policy. CPLR 3101(f)(4) separately provides that insurance-agreement information is not admissible at trial merely because it was disclosed. Disclosure itself resolves neither coverage nor admissibility.
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