N.J.S.A. 17:28-1.4 is the so called "deemer" statute. The statute (text pated below) is notoriuosly difficult to parse. Cooper Hosp. University Medical Center v. Prudential Ins. Co., 378 N.J.Super. 510, 876 A.2d 335 (App. Div.2005) provides a helpful review. The "deemer" statute creates certain situations in which out-of-state policies must provide New Jersey PIP coverage. There are two situations (for simplicity, this lists starts with the second clause of the deemer statute):

  1. An insurance company that transacts or is authorized to transact automobile or motor vehicle insurance business in New Jersey (either by itself or through a related corporation) must provide insurance complying with New Jersey minimums (for PIP, liability, etc.), whenever an out-of-state vehicle is operated in New Jersey.
  2. Any insurer related to a company who writes any insurance business in New Jersey must provide NJ PIP benefits to a NJ resident who is not required to maintain PIP and is not eligible for PIP on another policy, whenever an out-of-state vehicle is operated in New Jersey.

Note that in order to qualify for point 1 above, the insurer or related insurer need only transact or be authorized to transact motor vehicle insurance. They need not be authorized to transact automobile insurance. A good reference for the status of an insurer is here (though it may be necessary to ascertain whether the particular insurer was authorized on the date of loss).

Some other interesting questions regarding the deemer statute:

 

Text of the Deemer Statute

17:28-1.4. Mandatory coverage

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).

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