A1351

An Act concerning private passenger automobile insurance coverage selection and amending P.L.1983, c.362

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 17 of P.L.1983, c.362 (C.39:6A-23) is amended to read as follows:

17. Written notice - buyer's guide and coverage selection form.

a. No new automobile insurance policy shall be issued on or after the 180th day following the effective date of P.L.1985, c.520, unless the application for the policy is accompanied by a written notice identifying and containing a buyer's guide and coverage selection form. The buyer's guide shall contain a brief description of all available policy coverages and benefit limits, and shall identify which coverages are mandatory and which are optional under State law, as well as all options offered by the insurer.

The buyer's guide shall also contain a statement on the possible coordination of other health benefits coverages with the personal injury protection coverage options, the form and contents of which shall be prescribed by the Commissioner of Banking and Insurance.

The coverage selection form shall identify both the range of premium rate credit [or] and the actual dollar savings, [or both,] and shall provide any other information required by the commissioner by regulation.

The applicant shall indicate the options elected on the coverage selection form which shall be signed and returned to the insurer.

b. (Deleted by amendment, P.L.1985, c.520.)

c. Any notice of renewal of an automobile insurance policy with an effective date subsequent to July 1, 1984, shall be accompanied by a written notice of all policy coverage information required to be provided under subsection a. of this section.

The Commissioner of Banking and Insurance shall, within 45 days following the effective date of this act, promulgate standards for the written notice and buyer's guide required to be provided under this section.

d. Written notices provided by any insurer writing at least 2% of the New Jersey private passenger automobile market[, including the New Jersey Automobile Full Insurance Underwriting Association established pursuant to section 16 of P.L.1983, c.65 (C.17:30E-4),] shall also contain a statement advising that if the insured or applicant has any questions concerning his automobile insurance policy, including questions as to coverage or premiums, he may contact his producer, or the company directly, by using a toll free number which shall be set forth in the notice. Written notice shall be given to all insureds of any change in the toll free number.

e. A properly completed and executed coverage selection form shall be prima facie evidence of the named insured's knowing election or rejection of any option.

f. Each named insured of an automobile insurance policy shall, at least annually or as otherwise ordered by the commissioner, receive a buyer's guide and coverage selection form.

g. On and after January 1, 1991, each buyer's guide and coverage selection form shall be written in plain language.

(cf: P.L.1990, c.8, s.13)

2. This act shall take effect on the first day of the twelfth month next following enactment, but the Commissioner of Banking and Insurance may take any necessary administrative action in anticipation of its effect prior to that date.

STATEMENT

This bill provides that the buyer’s guide and coverage selection form required to be provided in conjunction with the issuance of a private passenger automobile insurance policy shall include both the range of premium rate credit and the actual dollar savings as the result of making certain choices in coverage under a private passenger automobile insurance policy. Currently, the statute provides that the selection form shall “identify the range of premium rate credit or dollar savings, or both,” and shall provide any other information required by the commissioner by regulation.