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

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 2843, State of New Jersey, dated June 20, 2022, reporting the bill favorably. The bill requires an insurer that receives a written request from an attorney admitted in the State to disclose in writing, within 30 days, the limits of all applicable policies, including umbrella or excess liability policies, issued to an insured. The request must state that the attorney represents a person who suffered bodily injury or death allegedly caused by an accident with the insured, and include the accident date and other listed information. Disclosure is not an admission of coverage, is confidential, and is not admissible as evidence by reason of the disclosure.

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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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