ORDER No.:A01-158

STATE OF NEW JERSEY

DEPARTMENT OF BANKING AND INSURANCE

IN THE MATTER OF THE FILING )

OF PRIVATE PASSENGER )

AUTOMOBILE INSURERS )

SEMI-ANNUAL COVERAGE ) ORDER

OPTION SURVEY REPORTS FOR )

THE COLLECTION OF DATA ON )

THE NAMED DRIVER EXCLUSION )

This matter having been opened by the Commissioner of Insurance of the New Jersey Department of Banking and Insurance ("Commissioner") pursuant to the authority granted in N.J.S.A. 17:1-15, 17:29A-1 et seq., 17:29D-1 et seq., 17:30E-14, 17:33C-2, 17:33C-5a and 39:6A-3.2 and all powers expressed or implied therein; and

IT APPEARING that the submission of data concerning policyholder selection of the various options provided under the New Jersey Automobile Insurance Freedom of Choice and Cost Containment Act of 1984 (N.J.S.A.17:28-1.1) is needed in order to monitor the implementation and effectiveness of the Act; and

IT FURTHER APPEARING that N.J.A.C. 11:3-22 requires every insurer authorized to transact automobile insurance in this State to provide the Department of Banking and Insurance ("Department") with information regarding private passenger automobile personal injury protection and tort threshold options (coverage option report); and

IT FURTHER APPEARING that Order A99-163 and Order A00-132 required insurers to provide coverage options as outlined pursuant to N.J.A.C. 11:3-22 on a semi-annual basis and by territory; and

IT FURTHER APPEARING that N.J.A.C. 11:3-13.5 requires insurers that write private passenger automobile insurance to offer its insured the option to select a named driver exclusion; and

IT FURTHER APPEARING that in order for the Commissioner to monitor the implementation of and public response to the availability of the named driver exclusion, the named driver exclusion data should be incorporated into the existing coverage option report as identified in N.J.A.C. 11:3-22 and Orders A99-163 and A00-132;

THEREFORE IT IS on this 30th day of October, 2001

ORDERED that:

1. All private passenger automobile insurers shall complete and file Form A attached hereto.

2. Beginning with the first report that is due January 31, 2002, all private passenger automobile insurers shall complete and file Form A on a semi-annual basis. Reports are due no later than the 31st calendar day of the calendar month following each evaluation date. For example, reports are due January 31 for the six-month period from June 30 to December 31; and July 31, for the six-month period from January 1 to June 30.

3. Reports shall be submitted to:

New Jersey Department of Banking and Insurance

Office of Property and Casualty

Attention: Auto Unit

20 West State Street

P.O. Box 325

Trenton, NJ 08625-0325

or emailed to:

john.swierczyna@dobi.state.nj.us

4. Reports shall be submitted as an Excel spreadsheet by one of the following media:

    1. E-mail; or
    2. Floppy Diskette

5. Data shall be provided on a spreadsheet, which includes Form A for both standard and basic policies. All forms are available on a spreadsheet for insurer use by regular mail by contacting:

John Swierczyna

New Jersey Department of Banking and Insurance

Office of Property and Casualty

20 West State Street

PO Box 325

Trenton, NJ 08625-0325

or emailed to: john.swierczyna@dobi.state.nj.us

6. Failure to comply with this Order, all instructions, or report filings attached hereto in a timely manner may result in the imposition of any and all penalties prescribed by law.

/s/ Donald Bryan

Donald Bryan

Acting Commissioner