Guerline Felix v. Brian V. Richards (081799) (Essex County & Statewide) (A-27-18; 081799)
The deemer statute does not incorporate by reference the basic policy’s BI level for insurers, like GEICO, to which the second sentence of N.J.S.A. 17:28-1.4 applies. From the perspective of the insurers’ obligation, the required compulsory insurance liability limits remain $15,000/$30,000. As to the equal protection claim, New Jersey insureds are the ones who have a choice to purchase less than the presumptive minimum BI amount. The obligation of in-state insurers to offer and provide that minimum is the same as the obligation imposed under the deemer statute’s second sentence on authorized insurers writing an out-of-state policy. The equal protection claim therefore falls flat.
