ASSEMBLY, No. 3531
STATE OF NEW JERSEY
210th LEGISLATURE
INTRODUCED MAY 5, 2003
Sponsored by:
Assemblyman ANTHONY IMPREVEDUTO
District 32 (Bergen and Hudson)
Assemblyman NEIL M. COHEN
District 20 (Union)
SYNOPSIS
Modifies certain provisions concerning automobile insurance.
CURRENT VERSION OF TEXT
As introduced.
(Sponsorship Updated As Of: 12/12/2003)
An Act concerning automobile insurance, amending P.L.1972, c.70, amending the title and body of P.L.2001, c.235 and supplementing Title 17 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1972, c.70 (C.39:6A-8) is amended to read as follows:
8. Tort exemption, limitation on the right to noneconomic loss. One of the following two tort options shall be elected, in accordance with section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), by any named insured required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4):
a. Limitation on lawsuit option. Every owner, registrant, operator or occupant of an automobile to which section 4 of P.L.1972, c.70 (C.39:6A-4), personal injury protection coverage, or section 4 of P.L.1998, c.21 (C.39:6A-3.1), medical expense benefits coverage, regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, is hereby exempted from tort liability for noneconomic loss to a person who is subject to this subsection and who is either a person who is required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) or medical expense benefits pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1), or is a person who has a right to receive benefits under section 4 of P.L.1972, c.70 (C.39:6A-4) or section 4 of P.L.1998, c.21 (C.39:6A-3.1), as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State, unless that person has sustained a bodily injury which results in death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent injury within a reasonable degree of medical probability, without any further requirement, including having sustained a serious impact to the life of the claimant, and other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. For the purposes of this subsection, "physician" means a physician as defined in section 5 of P.L.1939,c.115 (C.45:9-5.1).
In order to satisfy the tort option provisions of this subsection, the plaintiff shall, within 60 days following the date of the answer to the complaint by the defendant, provide the defendant with a certification from the licensed treating physician or a board-certified licensed physician to whom the plaintiff was referred by the treating physician. The certification shall state, under penalty of perjury, that the plaintiff has sustained an injury described above. The certification shall be based on and refer to objective clinical evidence, which may include medical testing, except that any such testing shall be performed in accordance with medical protocols pursuant to subsection a. of section 4 of P.L.1972, c.70 (C.39:6A-4) and the use of valid diagnostic tests administered in accordance with section 12 of P.L.1998, c.21 (C.39:6A-4.7). Such testing may not be experimental in nature or dependent entirely upon subjective patient response. The court may grant no more than one additional period not to exceed 60 days to file the certification pursuant to this subsection upon a finding of good cause.
A person is guilty of a crime of the fourth degree if that person purposefully or knowingly makes, or causes to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omits a material fact from, or causes a material fact to be omitted from, any certification filed pursuant to this subsection. Notwithstanding the provisions of subsection e. of N.J.S. 2C:44-1, the court shall deal with a person who has been convicted of a violation of this subsection by imposing a sentence of imprisonment unless, having regard to the character and condition of the person, the court is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others. If the court imposes a noncustodial or probationary sentence, such sentence shall not become final for 10 days in order to permit the appeal of such sentence by the prosecution. Nothing in this subsection a. shall preclude an indictment and conviction for any other offense defined by the laws of this State. In addition, any professional license held by the person shall be forfeited according to the procedures established by section 4 of P.L.1997, c.353 (C.2C:51-5); or
b. No limitation on lawsuit option. As an alternative to the basic tort option specified in subsection a. of this section, every owner, registrant, operator, or occupant of an automobile to which section 4 of P.L.1972, c.70 (C.39:6A-4), personal injury protection coverage, or section 4 of P.L.1998, c.21 (C.39:6A-3.1), medical expense benefits coverage, regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, shall be liable for noneconomic loss to a person who is subject to this subsection and who is either a person who is required to maintain the coverage mandated by P.L.1972, c.70 (C.39:6A-1 et seq.) or is a person who has a right to receive benefits under section 4 of that act (C.39:6A-4), as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State.
The tort option provisions of subsection b. of this section shall also apply to the right to recover for noneconomic loss of any person eligible for benefits pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) or section 4 of P.L.1998, c.21 (C.39:6A-3.1) but who is not required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) or medical expense benefits coverage pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) and is not an immediate family member, as defined in section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), under a standard automobile insurance policy or basic automobile insurance policy.
The tort option provisions of subsection a. of this section shall also apply to any person subject to section 14 of P.L.1985, c.520 (C.39:6A-4.5) and to every named insured and any other person to whom the medical expense benefits of the basic automobile insurance policy pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) apply whether or not the person has elected the optional $10,000 liability coverage insuring against loss resulting from liability imposed by law for bodily injury or death provided for in subsection c. of section 4 of P.L.1998, c.21 (C.39:6A-3.1).
The tort option provisions of subsections a. and b. of this section as provided in this 1998 amendatory and supplementary act shall apply to automobile insurance policies issued or renewed on or after the effective date of P.L.1998, c.21 (C.39:6A-1.1 et al.) and as otherwise provided by law.
(cf: P.L.1998, c.21, s.11)
2. The title of P.L.2001, c.235 is amended to read as follows:
An Act concerning certain insurer practices [regarding homeowners' insurance].
(cf: P.L.2001, c.235, title)
3. Section 1 of P.L.2001, c.235 (C.17:29B-4.1) is amended to read as follows:
1. a. No inquiry by an insured for information regarding the insured's homeowners' or automobile insurance policy, or coverage for a particular loss under that policy, shall be categorized as a claim for the purpose of determining adverse claims experience.
b. An insurer who violates this act shall be subject to a penalty of up to $5,000 for each violation unless the insurer knew or reasonably should have known he was in violation of this act, in which case the penalty shall not be more than $25,000 for each violation. The penalty shall be collected in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2001, c.235, s.1)
4. (New section) Every insurer authorized to transact automobile insurance in this State shall offer its insureds the option to make premium payments in no less than eight installments in an annual period, as prescribed by the Commissioner of Banking and Insurance by regulation. The provisions of this section shall not apply to a special automobile insurance policy issued pursuant to section 45 of P.L. , c. (C. )(now before the Legislature as the Senate Committee Substitute for Senate, No. 63 and the Assembly Committee Substitute for Assembly, No. 2625).
5. This act shall take effect immediately and the amendatory provisions of section 1 of this act shall apply to any cause of action in which final disposition has not occurred on that date.
STATEMENT
This bill clarifies that, under the limitation on lawsuit option (previously known as the verbal threshold) enacted as part of the Automobile Insurance Cost Reduction Act or "AICRA," P.L.1998, c.21, persons who sustain an injury which meets any of the six categories listed in the statute and who have chosen the limitation on lawsuit option, may sue the tortfeasor for noneconomic damages, and eliminates the need for any analysis as to whether or not the injury also has had a significant or serious impact on the quality of the person's life.
In addition, the bill provides that an inquiry by an insured for information regarding the insured's automobile insurance policy or coverage for loss under that policy shall not be categorized as a claim for the purpose of determining adverse claims experience. An inquiry concerning an insurance policy is not an actual claim requiring an insurer to pay benefits and should not be utilized by an insurer in determining to place an insured in a less favorable rating tier.
Finally, the bill provides that every insurer authorized to transact automobile insurance in this State shall offer its insureds the option to make premium payments in no less than eight installments in an annual period, as prescribed by the Commissioner of Banking and Insurance by regulation.