Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
SYNOPSIS
Requires insurance companies to be named as defendants in insurance liability cases.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning litigation transparency in insurance liability cases and supplementing Title 17 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In an action for the recovery of economic or noneconomic losses sustained as a result of an incident or accident involving a person or entity that is insured against the incident or accident, the sole named defendant in the action shall be the insurance company covering the insured person or entity against the incident or accident.
b. During litigation and at any trial subject to subsection a. of this section, the insurance company shall be referred to by the company’s legal name, as filed and approved by the Commissioner of Banking and Insurance pursuant to the “New Jersey Insurance Producer Licensing Act of 2001,” P.L.2001, c.210 (C.17:22A-26), and not by the assumed or fictitious name of the company. At any trial subject to subsection a. of this section, the triers of fact shall be informed of the legal name of the defendant.
c. Subsection a. of this section shall apply to all lines of insurance subject to Title 17 of the Revised States or Title 17B of the New Jersey Statutes, but shall not apply to annuities.
2. This act shall take effect immediately and shall apply to insurance policies issued, executed, delivered, or renewed on or after that date.
STATEMENT
This bill requires insurance companies to be named as defendants in insurance liability cases.
Under the bill, an insurance company will be required to be named as the defendant in an action for the recovery of economic or noneconomic losses sustained as a result of an incident or accident involving a person or entity that is insured against the incident or accident by the company. During a litigation or trial under the bill, the insurance company will be properly referred to by the company’s legal name and not by the assumed or fictitious name of the company. Triers of fact will also be informed at trial of the legal name of the defendant. Finally, the bill will apply to all lines of insurance in the State, excluding annuities.
Requires insurance companies to be named as defendants in insurance liability cases.