New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S211

Introduced

1/11/22

Refer

1/11/22

Caption

Requires insurers offering commercial general liability insurance policies to provide notification of exclusion for communicable disease.

Impact

This legislation seeks to ensure that businesses are fully aware of their liability coverage in the context of communicable diseases, addressing concerns that many insurers may have introduced exclusions following the COVID-19 pandemic. By requiring insurers to provide clear information on these exclusions, the bill aims to help businesses better understand their risk exposure and prevent potential financial losses that could arise from unclear policy language. This move is expected to enhance consumer protection and create a more competitive insurance market.

Summary

Senate Bill 211 aims to enhance the transparency of insurance coverage related to communicable diseases, including COVID-19, within commercial general liability policies. The bill mandates that insurers must provide prospective policyholders and existing policyholders seeking renewals with a clear and prominent notification regarding any exclusions for coverage of communicable disease. Specifically, if a policy contains such an exclusion, the insurer is required to inform the policyholder if the exclusion can be removed and what the cost would be, or if the coverage can be obtained from another insurer.

Contention

While the bill could be seen as a positive step for policyholders seeking clarity from insurers, there exists the underlying tension regarding how this bill may affect insurance companies' risk management strategies. Insurers may argue that such transparency requirements could lead to increased liability and higher premiums, potentially limiting accessibility to essential commercial coverage for businesses. Conversely, advocates for the bill highlight the importance of clear communication and the need for insured parties to understand the limits of their coverage, particularly in the wake of global health crises.