Requires that in civil claims under the child victims act, adult survivors act, or a civil sex trafficking claim any insurer who may provide liability coverage for a claim shall, upon request from the claimant or claimant's attorney, provide information regarding each known policy of insurance; provides that a person bringing a civil claim in a sex trafficking case need not disclose their immigration status.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8519
SPONSOR: Cruz TITLE OF BILL:
An act to amend the insurance law and the social services law, in
relation to certain civil actions
SUMMARY OF PROVISIONS::
Section 1. Amends the insurance law by adding a new section three
hundred forty-five requiring that in certain civil claims any insurer
who may provide liability coverage for a claim shall, upon request from
the claimant or claimant's attorney, provide information regarding each
known policy of insurance.
Section 2: Amends article 10-d of the social services law to provide
that in certain civil claims brought in sex trafficking cases, individ-
uals are not required to provide sworn testimony regarding their immi-
gration status.
Section 3. Sets the effective date.
JUSTIFICATION::
This bill provides a mechanism for a person bringing a claim or poten-
tially bringing a claim under the Child Victims Act, Adult Survivors
Act, or a civil sex trafficking claim to be provided information on the
full insurance coverage a defendant or potential defendant to the claim
may have. This will ensure that claimants have an understanding of the
full picture before them and defendants will be unable to hide limits
and policies.
Section 2 of the bill ensures that a person bringing a civil claim in a
sex trafficking case need not disclose their immigration status. The
requirement to disclose status can be a barrier to bringing claims for
some individuals. By ensuring they will not need to disclose their
status, a survivor may be more willing to speak up and seek the justice
they deserve.
LEGISLATIVE HISTORY::
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8519
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law and the social services law, in
relation to certain civil actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 346 to
2 read as follows:
3 § 346. Disclosure of certain insurance information. (a) (1) For any
4 claim or civil action that may be brought pursuant to subdivision (b) of
5 section two hundred eight of the civil practice law and rules, section
6 two hundred thirteen-c of the civil practice law and rules, or section
7 two hundred fourteen-g, section two hundred fourteen-j, or subdivision
8 (c) of section four hundred eighty-three-bb of the social services law,
9 each which does or may provide liability coverage to pay for all or a
10 portion of any claim, regardless of whether a civil action has been
11 commenced, shall, within thirty days of a written request by a potential
12 or actual claimant or the claimant's attorney, provide a sworn state-
13 ment, under oath, of a corporate officer or the insurer's claims manag-
14 er, setting forth the following information for each known policy of
15 insurance, including excess or umbrella insurance:
16 (i) the name of the insurer;
17 (ii) the name of each insured, including additional insureds;
18 (iii) the limits of the liability coverage; and
19 (iv) a statement of any policy or coverage defense which such insured
20 reasonably believes is available to such insured at the time the state-
21 ment is signed.
22 (2) The insurer shall also provide a complete copy of the policy to
23 the claimant or claimant's attorney.
24 (b) In addition, the insured, or the insured's insurance agent, upon
25 written request of the claimant or the claimant's attorney, shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11933-01-5
A. 8519 2
1 disclose the name and coverage of each known insurer to the claimant and
2 shall forward such request for information to all affected insurers. The
3 insurer shall then supply the information required by this section to
4 the claimant or the claimant's attorney within thirty days.
5 (c) The statement required by subsection (a) of this section shall be
6 amended immediately upon discovery of facts calling for an amendment to
7 such statement.
8 § 2. The social services law is amended by adding a new section 483-gg
9 to read as follows:
10 § 483-gg. Immigration status prohibited as part of sworn testimony. In
11 all civil claims or causes of action brought by an individual who is a
12 victim of the conduct prohibited by section 230.33, 230.34, 230.34-a,
13 135.35 or 135.37 of the penal law, including any action or claim brought
14 under subdivision (c) of section four hundred eighty-three-bb of this
15 article or subdivision (b) of section two hundred fourteen-g of the
16 civil practice law and rules, no party shall be compelled to provide
17 sworn testimony as to the legality of their immigration status in the
18 United States at any time during the action or proceeding.
19 § 3. This act shall take effect immediately.
