Title 24, Insurance

§431:10C-117 Penalties. (b) Any person, in the capacity of a licensed or unlicensed motor vehicle insurer, self-insurer, producer, or other representative, who violates any provision of this article shall be assessed a civil penalty not to exceed $5,000 for each violation. (c) An…

[§431:10C-117.5] Additional civil liability. An insurer whose insured causes death or injury to another person, and that is not entitled to the reduction provided in section 431:10C-301.5, shall be entitled to recover the amount of the covered loss deductible that would have appl…

§431:10C-118 Fee in lieu of fine; defense. (a) Any person bringing an action in tort under this article who was uninsured at the time of the accident shall pay a fee of $1,000 in lieu of any fine which could have been levied as a criminal penalty for failing to obtain the motor v…

§431:10C-119 Insurer's requirements. (a) Prior to licensing an insurer to transact a motor vehicle insurance business in this State, the commissioner: (b) The commissioner, prior to issuing a certificate of self-insurance to any person, shall require the applicant to provide for …

§431:10C-120 Prohibitions, penalty. (a) No insurer shall issue or offer to issue any policy which the insurer represents is a motor vehicle insurance policy unless such insurer meets the requirements of this article. (b) Any insurer, any producer, or any representative of an insu…

§431:10C-121 Severability. (a) Except as provided in subsection (b), if any provision of this article or its application to any person or circumstance is held unconstitutional, the remainder of this article and the application of such provision to other persons or circumstances s…

[§431:10C-122] Payment of general excise tax and certificate of ownership fee on third-party claims. (a) When a motor vehicle insurer settles a total loss motor vehicle damage liability claim with a third-party claimant, the insurer shall pay the applicable general excise tax and…

PART II. RATES AND ADMINISTRATION §431:10C-201 Motor vehicle insurance rates generally. Except as expressly provided in this part, all premium rates for motor vehicle insurance shall comply with the provisions of the rating law contained in article 14. [L 1987, c 347, pt of §2]

§431:10C-202 Making of motor vehicle insurance rates. All premium rates for motor vehicle insurance shall be made in accordance with article 14 and the following provisions:

[§431:10C-202.5] Immediate rate freeze; rate reduction; relief. (a) No insurer may increase motor vehicle insurance rates between June 3, 1992, and December 31, 1993. (b) Commencing on January 1, 1993, all authorized insurers transacting motor vehicle insurance in this State shal…

§431:10C-203 Rate filings. The commissioner may accept from an advisory organization basic standards, manuals of classification, territories, endorsements, forms, and other materials, not dealing with rates, for reference filings by insurers. [L 1987, c 347, pt of §2 as supersede…

§431:10C-205 Rate review: request by aggrieved party. (a) Any person aggrieved by the application as to such person of any classification, rule, standard, rate, or rating plan made, followed, or adopted by an insurer may make written request to the commissioner to review such app…

§431:10C-206.5 Group insurance plans. (a) Notwithstanding section 431:12-104(a), any insurer may issue any insurance coverage on a group plan, without restriction as to the purpose of the group, occupation, or type of group. Group insurance rates shall not be considered to be unf…

§431:10C-207 Discriminatory practices prohibited. No insurer shall base any standard or rating plan, in whole or in part, directly or indirectly, upon a person's race, creed, ethnic extraction, age, sex, length of driving experience, credit bureau rating, marital status, or physi…

§431:10C-208 Increase in premiums prohibited. No premium on any motor vehicle insurance policy shall be increased as a result of any accident if the insured is not at fault in the accident. An accident in which the insured was not at fault shall not be used in any way to affect a…

§431:10C-209 Rate administration. (a) Except as otherwise provided in this article, the commissioner shall implement and evaluate motor vehicle insurance rates in compliance with article 14. (b) The commissioner shall order insurers to rebate to policyholders any excessive profit…

§431:10C-210 Publication of premium information. (a) Upon the commissioner's request, all motor vehicle insurers shall provide motor vehicle insurance premium information to the commissioner within thirty days of the request. (b) The commissioner shall publish annually, by electr…

§431:10C-211 Attorney's fees. (a) A person making a claim for personal injury protection benefits may be allowed an award of a reasonable sum for attorney's fees, and reasonable costs of suit in an action brought by or against an insurer who denies all or part of a claim for bene…

§431:10C-212 Administrative hearing on insurer's denial of claim. (a) If a claimant or provider of services objects to the denial of benefits by an insurer or self-insurer pursuant to section 431:10C-304(3)(B) and desires an administrative hearing thereupon, the claimant or provi…

§431:10C-213 Arbitration. (a) A claimant, insurer, or provider of services may submit any dispute relating to a motor vehicle insurance policy to an arbitrator by filing a written request with the clerk of the circuit court in the circuit where the accident occurred. (b) The admi…

§431:10C-213.5 Binding arbitration. (a) A claimant or defendant shall have the option to elect arbitration to resolve a claim in tort that is covered by motor vehicle liability insurance. (b) A claimant or defendant may submit any dispute relating to a tort claim to binding arbit…

§431:10C-214 Administration. In order to carry out the provisions and fulfill the purpose of this article, the commissioner shall:

§431:10C-215 Inspection and audit. (a) In addition to the right and duty of examination under article 2, the commissioner shall have the right and the duty of visitation, inspection and audit of all business records, including internal memoranda, audits and correspondence related…

§431:10C-216 Annual review. The commissioner shall periodically review and evaluate the motor vehicle insurance program described in this article, including an annual review of the premium rates, benefit payments and insurers' loss experience. [L 1987, c 347, pt of §2]

PART III. COVERAGES AND RIGHTS §431:10C-301 Required motor vehicle policy coverage. (a) An insurance policy covering a motor vehicle shall provide: (b) A motor vehicle insurance policy shall include: (c) The stacking or aggregating of uninsured motorist coverage or underinsured m…

§431:10C-301.5 Covered loss deductible. Whenever a person effects a recovery for bodily injury, whether by suit, arbitration, or settlement, and it is determined that the person is entitled to recover damages, the judgment, settlement, or award shall be reduced by $5,000 or the a…

§431:10C-302 Required optional additional insurance. (a) In addition to the motor vehicle insurance coverages described in section 431:10C-301, every insurer issuing a motor vehicle insurance policy shall make available to the insured the following optional insurance under the fo…

§431:10C-302.5 Managed care option. (a) An insurer may offer, and provide at the option of the named insured, the personal injury protection benefits through managed care providers such as a health maintenance organization or preferred provider organization. The option may includ…

§431:10C-303 Right to personal injury protection benefits. (a) If the accident causing accidental harm occurs in this State, every person insured under this article, and such person's survivors, suffering loss from accidental harm arising out of the operation, maintenance, or use…

§431:10C-303.5 U-drive insurance policy; primary. (a) A U-drive motor vehicle insurance policy shall be primary; provided that its bodily injury and property damage liability coverages shall be secondary to the operator's or renter's motor vehicle insurance policy if: (b) In case…

§431:10C-304 Obligation to pay personal injury protection benefits. For purposes of this section, the term "personal injury protection insurer" includes personal injury protection self-insurers. Every personal injury protection insurer shall provide personal injury protection ben…

§431:10C-305 Source of payment. (d) The following persons are not eligible to receive payment of personal injury protection benefits: This subsection shall not preclude recovery in other capacities under a motor vehicle insurance policy covering a vehicle which the person did not…

[§431:10C‑305.5] Right to reimbursement of deductible paid; when. If an insured is involved in an accident with an uninsured motorist and the insured paid a deductible amount for damages incurred in that accident, and if the insurer recovers any money from the uninsured motorist,…

§431:10C-306 Abolition of tort liability. (a) Except as provided in subsection (b), this article abolishes tort liability of the following persons with respect to accidental harm arising from motor vehicle accidents occurring in this State: (b) Tort liability is not abolished as …

§431:10C-307 Reimbursement of duplicate benefits. Whenever any person effects a tort liability recovery for accidental harm, whether by suit or settlement, which duplicates personal injury protection benefits already paid under the provisions of this article, the motor vehicle in…

§431:10C-308.5 Limitation on charges. (a) As used in this article, the term "workers' compensation supplemental medical fee schedule" means the schedule adopted and as may be amended by the director of labor and industrial relations for workers' compensation cases under chapter 3…

§431:10C-308.7 Client-patient referrals, health care provider practices prohibited. (a) An attorney or a law firm of which the attorney is a member or by which the attorney is employed may not establish a pattern of consistently referring clients to the same health care provider …

§431:10C-309 Total loss motor vehicle claims. When a motor vehicle insurance policy provides for the adjustment and settlement of an insured's motor vehicle's total losses on the basis of actual cash value or replacement, the insurer shall follow either the replacement method set…

§431:10C-310 Total loss motor vehicle claims: replacement. When an insurer elects under section 431:10C-309 to offer the insured a replacement vehicle as defined in section 431:10C-103, the insurer shall comply with the following requirements:

§431:10C-311 Total loss motor vehicle claims: cash settlement. (a) When an insurer elects under section 431:10C-309 to offer the insured a cash settlement for a total loss motor vehicle claim, the following shall apply: (b) If within thirty days of the receipt of the settlement b…

§431:10C-312 Payment of excise tax and certificate of ownership fee. (a) When a replacement vehicle is provided under section 431:10C-310 or section 431:10C-311, the insurer shall pay the applicable general excise tax and ownership fee as follows: (b) If the insured cannot substa…

§431:10C-313 Insurer practices regarding loss of use, storage and towing, and betterment. (a) In motor vehicle property damage liability claims in which liability is reasonably clear, the insurer shall pay for the reasonable and necessary costs, in direct proportion to the extent…

[§431:10C-313.5] Preferred repair provider. An insurer may have a preferred repair provider program. All insurers having such a program shall:

[§431:10C-313.6] Original equipment manufacturer's and like kind and quality parts. (a) An insurer shall make available a choice to the insured of authorizing a repair provider to utilize a like kind and quality part of an equal or better quality than the original equipment manuf…

§431:10C-314 Jurisdiction. Any person may bring suit for breach of any contractual obligation assumed by an insurer under a policy of insurance containing such mandatory or optional provisions in any state court of competent jurisdiction. [L 1987, c 347, pt of §2]

§431:10C-315 Statute of limitations. (a) No suit shall be brought on any contract providing motor vehicle insurance benefits or any contract providing optional additional coverage more than the later of: (b) No suit arising out of a motor vehicle accident shall be brought in tort…