Senate Commerce Committee Statement to Senate, No. 2843 (State of New Jersey, June 20, 2022)

Summary

This is a Senate Commerce Committee statement to the New Jersey Senate on Senate Bill No. 2843, dated June 20, 2022. The committee reports the bill favorably. The bill provides that an insurer receiving a written request from an attorney admitted to practice in the State must disclose the limits of all applicable policies, including umbrella or excess liability policies, within 30 days from receipt. The request must include a statement that the attorney represents an individual alleging bodily injury or death from an accident with an insured, along with the insured's name and the date of the accident. Disclosure is not an admission and is confidential, and the Department of Banking and Insurance must publish each insurer's email address for requests.

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     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 2843

 STATE OF NEW JERSEY
                      DATED: JUNE 20, 2022

   The Senate Commerce Committee reports favorably Senate Bill
No. 2843.
   This bill provides that an insurer who receives certain requests,
from attorneys admitted to the practice of law in this State, for
disclosure of the policy limits under an insurance policy issued by
the insurer to an insured, shall provide written disclosure of the
policy limits to the attorney within 30 days from receipt of the
request. The disclosure shall indicate the limits of all applicable
insurance policies and any applicable umbrella or excess liability
insurance policies issued by the insurer to the insured.
   The bill provides that a request for disclosure of policy limits
shall be in writing and shall include:
   (1) a statement that the attorney represents an individual who
has suffered bodily injury or death alleged to be caused by an
accident with an insured under an insurance policy issued by the
insurer, entity, or business;
   (2) the name and last known address of the insured;
   (3) the date and approximate time of the accident;
   (4) a copy of the accident report, if available, relating to the
accident; and
   (5) in the case of a motor vehicle accident, a statement from the
claimant, or an attorney representing the claimant, providing
insurance information, including the claimant’s insurer, policy
number, and policyholder name; tort threshold selection; and
personal injury protection coverage limit.
   Under the bill, disclosure of policy limits does not constitute an
admission that the alleged injury or damage is subject to the policy,
and information concerning the insurance policy is not admissible
as evidence at trial by reason of disclosure pursuant to the bill. The
disclosure is to be confidential and available only to the individual
injured and the attorney representing the injured person and
personnel in the office of the attorney.
   The Department of Banking and Insurance is required to publish
on its website the email address of each insurer, which shall be
supplied by each insurer issuing applicable policies in this State, for
the purpose of receiving requests for policy limit disclosures. This
provision takes effect on the 60th day next following enactment of
the bill.


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