N.J. now requires auto insurers to disclose policy limits to attorneys
Disclosure of policy limits under a private automobile insurance policy must be provided to attorneys that request them within 30 days.
New Jersey Gov. Phil Murphy has signed into law regulations requiring auto insurers to disclose policy limits upon request by an attorney under certain circumstances. The law went into effect immediately for all new accidents and will cover accidents that occurred prior to its signing in 60 days.
Under the new law, auto insurers who receive a request by a licensed attorney for disclosure of their policy limits under a private automobile insurance policy must provide written notice of the policy limits within 30 days from receipt of the request.
The disclosure must indicate the limits of all of the automobile insurance policies and any applicable umbrella or excess liability policies issued to the insured.
In addition to requiring the disclosure of policy limits by auto insurers, such information would remain confidential and available only to the individual injured, the attorney representing them and personnel in the office of the attorney under the new law.
Attorneys who represent clients involved in auto accidents say the new law will help streamline the process.
“Sooner or later, attorneys are going to find out what the policy limits are,” said Mark Scirocco, partner at Scirocco Law in Morristown, a firm that handles auto cases on both the plaintiff and defense sides. “They might as well find out sooner. To the extent that the bill helps streamline litigation, I think it is helpful.”
Brett Greiner, a shareholder with Levinson Axelrod in Edison, said the new law was “a good thing all around.” Greiner’s firm only handles cases for injured plaintiffs.
“Many times insurance companies have refused to disclose their limits and, while doing so, will request that we provide information and medical records related to the claim being brought by our clients,” Greiner said. “While I would generally not provide this without disclosure of the policy limits, even if one were to do so, it would not permit cases to resolve without lawsuits being filed because you cannot settle a case unless you know how much coverage a defendant has available to them.
“It also means injured parties would sometimes needlessly have to put their own insurance companies on notice of potential underinsured motorist claims, not knowing if the party that caused the injuries had lower insurance limits than they do,” added Greiner. “This law should make the whole process more efficient and fair.”
But Certified Insurance Counselor Alan Geisenheimer of ISU Geisenheimer Insurance Agency in Saddle Brook questioned the need for the legislation.
“As stated, [attorneys] will find out the limits anyway,” Geisenheimer said. “Almost with certainty, the other party has $15/30/5 at minimum. Unless that is not sufficient to take the case. Isn’t the client due their day in court regardless of the limits of the other party’s insurance?”
Sen. Nicholas Scutari, D-Union, prime sponsor of S-1558 in the upper chamber with Sen. Annette Quijano, D-Union, contends it will help cut down on frivolous lawsuits.
“This bill is a good piece of consumer legislation, and it will have the effect of cutting down on unnecessary lawsuits,” said Scutari, who is also chair of the Senate Judiciary Committee, in a statement.
“The disclosure of insurance policies at the onset of a motor vehicle accident allows for consumers to have the necessary information and therefore may prevent the unnecessary filing of additional lawsuits,” said Scutari in a separate text Thursday.
“Having a pre-litigation right to request documentation related to an insurer’s ability to pay out on an insurance claim and its policy claim could be a deciding factor in an attorney’s decision to take on any given case.”
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