Section 17:29BB-3 - Claimant's rights, civil action; unreasonable delay, deniala. In addition to the enforcement authority provided to the Commissioner of Banking and Insurance pursuant to the provisions of P.L. 1947, c.379 (C.17:29B-1 et seq.) or any other law, a claimant, who is unreasonably denied a claim for coverage or payment of benefits, or who experiences an unreasonable delay for coverage or payment of benefits, under an uninsured or underinsured motorist policy by an insurer may, regardless of any action by the commissioner, file a civil action in a court of competent jurisdiction against its automobile insurer for: (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.Added by L. 2021, c. 388, s. 3, eff. 1/18/2022.