SECTION 365:15-3-4. Misrepresentation of policy provisions  


Latest version.
  • (a)   Disclosure to first party claimants. No insurer shall fail to fully disclose to first party claimants all pertinent benefits, coverages or other provisions of an insurance policy or insurance contract under which a claim is presented.
    (b)   Agent shall not conceal relevant policy information. No agent shall conceal from first party claimants benefits, coverages or other provisions of any insurance policy or insurance contract when such benefits, coverages or other provisions are pertinent to a claim.
    (c)   Denial and proof. No insurer shall deny a claim for failure to exhibit the property without proof of demand and unfounded refusal by a claimant to do so.
    (d)   Time limits on proof of loss. No insurer shall, except where there is a time limit specified in the policy, make statements, written or otherwise, requiring a claimant to give written notice of loss or proof of loss within a specified time limit and which seek to relieve the company of its obligations if such a time limit is not complied with unless the failure to comply with such time limit prejudices the insurer's rights.
    (e)   Release signed by first party claimant. No insurer shall request a first party claimant to sign a release that extends beyond the subject matter that gave rise to the claim payment.
    (f)   Partial payments restricted. No insurer shall issue checks or drafts in partial settlement of a loss or claim under a specific coverage which contain language which release the insurer or its insured from its total liability.