Information provided pursuant to subdivision (f) of section thirty-one hundred one of this article 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, and in accordance with paragraph two of subdivision (f) of section thirty-one hundred one of this article will be undertaken, to ensure that this information remains accurate and complete.
§ 3122-b.Certification of insurance disclosure.
Article 31. Disclosure · Last amended 2021 · Last verified July 21, 2026
In one sentenceCPLR 3122-b requires a defendant and defense counsel to certify, under oath, that the insurance information disclosed under CPLR 3101(f) is accurate, complete, and will be kept current.
Full Text of CPLR 3122-b
Plain-English Summary
Insurance disclosure only helps a plaintiff evaluate a case if the numbers are real. CPLR 3122-b backs up the insurance information a defendant must turn over under CPLR 3101(f) with a sworn certification. Both the defendant and the attorney appearing for the defendant — the same obligation extends to third-party defendants and defendants on cross-claims or counterclaims — must certify that the disclosed information is accurate and complete.
The certification looks forward as well as back. It also states that reasonable efforts have been made, and will continue to be made, to keep the information current, matching the ongoing update duty that CPLR 3101(f) imposes as coverage or policy limits change during the case.
Frequently Asked Questions
What is required by CPLR 3122-b?
A sworn certification, by both the defendant and defense counsel, that the insurance information disclosed under CPLR 3101(f) is accurate and complete.
Who has to sign the insurance disclosure certification in New York?
The defendant, or a third-party defendant, or a defendant on a cross-claim or counterclaim, and the attorney appearing for that party.
Does the insurance certification cover future changes in coverage?
Yes. It also certifies that reasonable efforts have been and will continue to be made to keep the disclosed information accurate and complete as it changes.
Is the insurance disclosure certification the same thing as the business records certification?
Can a plaintiff rely on the certified insurance information without further proof?
The certification is meant to assure accuracy and completeness, though it doesn't foreclose further discovery if a party has reason to question the disclosure.
Amendment History
L 2021, ch 832, § 3, effective December 31, 2021.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: insurance disclosure certification New Yorkcertifying insurance coverage lawsuit New YorkCPLR 3101(f) certification