N.J. Admin. Code § 11:2-17.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:2-17.11 - Written notice by insurers of payment of claims

(a) Upon payment of $ 5,000 or more in settlement of any third-party liability claim, where the claimant is a natural person, the insurer or its representative (including the insurer's attorney) shall mail to the third-party claimant written notice of payment at the same time payment is made to the third-party claimant's attorney or other representative.

(b) Upon payment of $ 5,000 or more in settlement of any first-party property claim, the insurer or its representative (including the insurer's attorney) shall mail to the first-party claimant written notice of payment at the same time payment is made to the first-party claimant's public adjuster or other representative.

(c) The written notice referred to in (a) or (b) above shall be mailed to the claimant by regular mail at the claimant's last known address, and shall include at least the following information:

1. The amount of the payment;

2. The party or parties to whom the check is made payable;

3. The party to whom the check was mailed; and

4. The address of the party to whom the check was mailed.

(d) Nothing in (a) or (b) above shall create, or be construed to create, a cause of action for any person or entity, other than the Department, against the insurer or its representative based upon a failure to serve such notice, or the defective service of such notice. Nothing in (a) or (b) above shall establish, or be construed to establish, a defense for any party to any cause of action based upon a failure by the insurer or its representative to serve such notice, or the defective service of such notice.

N.J. Admin. Code § 11:2-17.11

New Rule, R.1993 d.681, effective 12/20/1993.
See: 25 New Jersey Register 3921(a), 25 New Jersey Register 5929(b).
Amended by R.2001 d.6, effective 1/2/2001.
See: 32 New Jersey Register 3530(a), 33 New Jersey Register 85(a).
Added a new (b); and recodified a former (b) and (c) as (c) and (d).