New Jersey Statutes 17:29BB-3. Claimant’s rights, civil action; unreasonable delay, denial
Terms Used In New Jersey Statutes 17:29BB-3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) an unreasonable delay or unreasonable denial of a claim for payment of benefits under an insurance policy; or
(2) any violation of the provisions of section 4 of P.L.1947, c.379 (C. 17:29B-4).
b. In any action filed pursuant to this act, the claimant shall not be required to prove that the insurer’s actions were of such a frequency as to indicate a general business practice.
c. No rate increase shall be passed on to the consumer or policyholder as a result of compliance with P.L.2021, c.388 (C. 17:29BB-1 et seq.) and dissemination of inaccurate or misleading information to policyholders or consumers concerning P.L.2021, c.388 (C. 17:29BB-1 et seq.) shall be strictly prohibited.
The commissioner may determine whether an insurer’s rates are constitutionally adequate pursuant to the provisions of P.L.2021, c.388 (C. 17:29BB-1 et seq.). If the commissioner determines that rate relief is necessary, the commissioner shall determine an appropriate rate adjustment.
d. Upon establishing that a violation of the provisions of this act has occurred, the plaintiff shall be entitled to: (1) actual damages caused by the violation of this act which shall include, but need not be limited to, actual trial verdicts that shall not exceed three times the applicable coverage amount; and
(2) pre- and post-judgment interest, reasonable attorney’s fees, and reasonable litigation expenses.
e. If any portion of P.L.2021, c.388 (C. 17:29BB-1 et seq.) is determined to be invalid, the remaining portion of P.L.2021, c.388 (C. 17:29BB-1 et seq.) shall remain in full force.
L.2021, c.388, s.3.