New York Civil Practice Law and Rules (NY CPLR) §3101(f) has long required, upon demand, disclosure of the "contents" of insurance agreements liable to the judgment of a civil litigation. What was meant by "contents," however, was often debated and argued over in terms of simply disclosing limits, versus entire policies, and other information clients may deem private or sensitive. This often allowed defense counsel to shield from disclosure information that clients preferred to keep in-house.

This landscape changed unexpectedly when, on Dec. 31, 2021, New York state Governor Kathy Hochul signed into law an amendment that fundamentally changed NY CPLR §3101(f) and dramatically increased the burden to defendants and third-party defendants in New York state litigation. The response from the defense community was swift and critical as the amendment not only required disclosure of information that should clearly remain confidential, but it created almost-impossible burdens as to the scope of the disclosure and continued updates.