N.J. Admin. Code § 11:3-15.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 11:3-15.4 - Compliance

(a) No new private passenger automobile insurance policy or renewal shall be issued unless the application for the policy or renewal offer is accompanied by a Buyer's Guide, a Coverage Selection Form and an Automobile Insurance Consumer Bill of Rights that meet the minimum standards prescribed in this subchapter.

1. The renewal offer shall include the appropriate Buyer's Guide and Coverage Selection Form for the policy being renewed.

2. Where application for or renewal of an insurance policy is made via the Internet, compliance with (a) above shall be satisfied by having the Buyer's Guide, Coverage Selection Form and Automobile Insurance Consumer Bill of Rights readily available to the applicant/insured on the insurer's website. In addition to being readily available on the insurer's website, this information also may be placed on the producer's website, if provided or authorized by the insurer.

3. Where application for or renewal of an insurance policy is made via the telephone and coverage is bound during the telephonic transaction, compliance with (a) above shall be satisfied if the insurer, with the agreement of the applicant or insured, sends the insured the Buyer's Guide, a completed Coverage Selection Form showing the coverage choices made by the insured, and an Automobile Insurance Consumer Bill of Rights within five business days after the telephonic transaction is completed. Insureds may alter coverages based on their review of such documents by returning a signed Coverage Selection Form with the changes noted therein, or electronically, provided that the requirements of 12A:12-1 et seq. are satisfied and that such process is made available by the insurer. Such alterations shall be effective in accordance with 11:3-15.7(d)2.

(b) The Buyer's Guide, Coverage Selection Form and Automobile Insurance Consumer Bill of Rights incorporate and therefore satisfy any and all other notice requirements previously set forth for the coverage options required by the New Jersey Automobile Reparation Reform Act, the New Jersey Automobile Insurance Reform Act of 1982, the New Jersey Automobile Insurance Freedom of Choice and Cost Containment Act of 1984, the Automobile Insurance Cost Reduction Act of 1998 and P.L. 2003, c. 89.

(c) As of June 6, 2011, each insurer that becomes authorized to write private passenger automobile insurance shall make a filing pursuant to N.J.A.C. 11:1-2. The filing shall consist of a certification in the form set forth in Exhibit 2 in the subchapter Appendix, incorporated herein by reference, that the Lawsuit Option rate differentials in its Standard Policy Coverage Selection Form were calculated in accordance with 11:3-15.6(g)4.

(d) An insurer may change the Lawsuit Option rate differentials in its approved Standard Policy Coverage Selection Forms by making a filing pursuant to N.J.A.C. 11:1-2 that specifies the effective date of the revised rate differentials that will be used and that includes the certification required by (c) above.

N.J. Admin. Code § 11:3-15.4

New Rule, R.1989 d.117, effective 2/21/1989.
See: 20 N.J.R. 2984(a), 21 N.J.R. 558(b).
Repealed "General context of written notice".
Amended by R.1996 d.58, effective 2/5/1996.
See: 27 N.J.R. 3682(a), 28 N.J.R. 855(a).
Amended by R.1998 d.595, effective 12/21/1998 (operative March 22, 1999).
See: 30 N.J.R. 3577(a), 30 N.J.R. 4452(a).
Rewrote the section.
Amended by R.2004 d.117, effective 3/15/2004.
See: 35 N.J.R. 3523(a), 36 N.J.R. 1420(a).
Rewrote the introductoru paragraphs of (a), (b), and (c); in (d), deleted "Buyer's Guide or" preceding "Coverage Selection Forms".
Amended by R.2005 d.83, effective 3/7/2005.
See: 36 N.J.R. 4207(a), 37 N.J.R. 775(a).
In (a), added 2 and 3.
Amended by R.2011 d.166, effective 6/6/2011.
See: 42 N.J.R. 1981(a), 43 N.J.R. 1350(a).
In the introductory paragraph of (a) and in (a)1, inserted "offer"; in the introductory paragraph of (a), deleted "on or after July 13, 2004" following "issued"; in (a)1, deleted "notice of" preceding and "offer" following "renewal", and inserted "Buyer's Guide and"; and rewrote (c) and (d).