18. Any insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State, or controlling or controlled by, or under common control by, or with, an insurer authorized to transact or transacting insurance business in this State, which sells a policy providing automobile or motor vehicle liability insurance coverage, or any similar coverage, in any other state or in any province of Canada, shall include in each policy coverage to satisfy at least the personal injury protection benefits coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) or section 19 of P.L.1983, c.362 (C.17:28-1.3) for any New Jersey resident who is not required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) or section 4 of P.L.1998, c.21 (C.39:6A-3.1) and who is not otherwise eligible for such benefits, whenever the automobile or motor vehicle insured under the policy is used or operated in this State. In addition, any insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State, or controlling or controlled by, or under common control by, or with, an insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State, which sells a policy providing automobile or motor vehicle liability insurance coverage, or any similar coverage, in any other state or in any province of Canada, shall include in each policy coverage to satisfy at least the liability insurance requirements of subsection a. of section 1 of P.L.1972, c.197 (C.39:6B-1) or section 3 of P.L.1972, c.70 (C.39:6A-3), the uninsured motorist insurance requirements of subsection a. of section 2 of P.L.1968, c.385 (C.17:28-1.1), and personal injury protection benefits coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) or of section 19 of P.L.1983, c.362 (C.17:28-1.3), whenever the automobile or motor vehicle insured under the policy is used or operated in this State.
Any liability insurance policy subject to this section shall be construed as providing the coverage required herein, and any named insured, and any immediate family member as defined in section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), under that policy, shall be subject to the tort option specified in subsection a. of section 8 of P.L.1972, c.70 (C.39:6A-8).
Each insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State and subject to the provisions of this section shall file and maintain with the Department of Banking and Insurance written certification of compliance with the provisions of this section.
"Automobile" means an automobile as defined in section 2 of P.L.1972, c.70 (C.39:6A-2).
Notes of Decisions
Cited in
45
cases (
5 in the last 5 years), 1991–2024 · leading case:
Wilson v. Transp. Ins. Co., 889 A.2d 563 (Pa. Super. Ct. 2005).
Wilson v. Transp. Ins. Co., 889 A.2d 563 (Pa. Super. Ct. 2005).
· cites it 2× “Each insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State and subject to the provisions of this section shall file and maintain with the Department of Banking and Insurance written certification of compliance with the…”
Burlington Ins. Co. v. Northland Ins. Co., 766 F. Supp. 2d 515 (D.N.J. 2011).
· cites it 4× “Plaintiffs reply that coverage in this action arises not because of the terms of the *523 contract itself, but rather due to the application of New Jersey’s “deemer” statute (N.J.S.A.17:28-1.4), which mandates certain minimum coverage for any insurer transacting business in the…”
Alan R. v. Kemper Nat'l Ins. Companies, 674 A.2d 1106 (Pa. Super. Ct. 1996).
· cites it 3× “2 Appellants Joseph and Patricia Tracy also brought the action on behalf of a sub-class of Pennsylvania policyholders who were injured in an automobile accident in New Jersey since July 1, 1990 and whose full tort policy claim was denied because of the New Jersey law, N.J.S.A.…”
Zabilowicz v. Kelsey, 984 A.2d 872 (N.J. 2009).
“2 N.J.S.A. 17:28-1.4 apparently acquired its name as the Deemer Statute because it “deems” New Jersey insurance coverage and tort limitations to apply to out-of-state policies.”
Alan J. Cornblatt, PA v. Barow, 708 A.2d 401 (N.J. 1998).
“Equal protection poses no threat to the statute as the affidavit of merit requirement is a rational and reasonable requirement imposed by the Legislature and is likely to assist in the objective of reducing frivolous lawsuits.”
D'ORIO v. West Jersey Health Sys., 797 F. Supp. 371 (D.N.J. 1992).
· cites it 2× “Resolution of this issue depends on a determination of whether N.J.S.A. 17:28-1.4 obligates an insurer who issues a policy to a Pennsylvania resident insuring a vehicle registered in that state to provide personal injury protection (“PIP”) required by N.”
Anne Onyeneho v. Allstate Ins. Co., 80 A.3d 641 (D.C. 2013).
· cites it 4× “Onyeneho’s claim for PIP benefits: N.J. Stat. Ann. § 17:28-1.4 (West 2007). Known as the Deemer Statute, this provision “ ‘deems’ New Jersey insurance coverage and tort limitations [regarding, inter alia, the provision of PIP benefits,] to apply to out-of-state policies.”
Beaugard v. Johnson, 656 A.2d 1282 (N.J. Super. Ct. App. Div. 1995).
“(emphasis added) [Conditional Veto Message of S. 2637 (3rd Reprint), by Thomas H.”
Prudential Prop. & Cas. Ins. v. Liberty Mut. Ins., 896 F. Supp. 400 (E.D. Pa. 1994).
· cites it 4× “This is a declaratory judgment action to determine the obligation to pay first-party motor vehicle insurance benefits, citing the New Jersey "deemer" statute, N.J.S.A. 17:28-1.4. Originally filed in the Montgomery County Court of Common Pleas, it was duly removed, Order, March…”
Watkins v. Davis, 614 A.2d 189 (N.J. Super. Ct. App. Div. 1992).
“Davis would be exempt from tort liability for the plaintiff's noneconomic loss unless the plaintiff has sustained a personal injury falling within at least one of the nine categories outlined above.”
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