Hello and welcome to the forum! An interesting question. I'm not 100% sure of what is going to happen but I know what should happen. Normally, a smartphone requires the data plan. However, if you had the old data phone under the old rule without a data plan and an insurance replacement provided you with a new dataphone (as you have received just of a different model) then I would argue that the replacement dataphone should be grandfathered in without the normally required dataplan.
However, it would not surprise me to see Verizon try to force you into the dataplan since the rules have now changed. I would make as strong an argument as you can to not have the dataplan under a "grandfathered" argument (assuming you don't want the dataplan). Please post back and let us know what they decided.
