New Jersey Administrative Code

Active members shall be held individually responsible for all insurance related conduct of the partnership licensee. Notes N.J. Admin. Code § 11:1-12.5

§ 11:1-12.6 - Reserved Notes N.J. Admin. Code § 11:1-12.6

N.J.A.C. 11:1-15.2 and 15.3 shall apply to all petitions made by interested persons for the promulgation, amendment or repeal of any rule by the Department of Banking and Insurance, pursuant to N.J.S.A. 52:14B-4(f). N.J.A.C. 11:1-15.5 applies to requirements for extension of a pu…

(a) Any person who wishes to petition the Department to promulgate, amend or repeal a rule must submit to the Commissioner, in writing, the following information: 1. Name of the petitioner; 2. The substance or nature of the rulemaking which is requested; 3. The reasons for the re…

(a) Upon receipt of a petition in compliance with N.J.A.C. 11:1-15.2, the Department will file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register. The notice will include: 1. The name of the petitioner; 2. The substance or nature…

(a) The Department shall provide notice of new rules, amendments, repeals or adoptions by posting these rules on its website at http://www.state.nj.us/dobi/legsregs.htm and to the news media maintaining a press office in the State House Complex. (b) The Department shall post its …

(a) In determining whether sufficient public interest has been demonstrated for the purposes of extending the comment period pursuant to N.J.A.C. 1:30-5.4, the Commissioner shall consider the following criteria: 1. Whether comments received indicated a previously unrecognized imp…

(a) The purpose of this subchapter is to promote competition among insurers for the benefit of the insurance consuming public by permitting insurers subject to N.J.S.A. 17:29A-1 et seq. to effect expeditiously certain decreases in rates currently approved by the Department when, …

(a) Any insurer, subject to the provisions of N.J.S.A. 17:29A-1 et seq., to effect a decrease in rates currently approved by the Commissioner, shall comply with the following filing requirements: 1. The insurer by a rate filing shall notify the Commissioner of Banking and Insuran…

(a) This subchapter shall apply to every rating organization and property and casualty insurer that makes its own rate, rule and policy form filings and to every member or subscriber of a rating organization on whose behalf rate, rule and policy form filings are made pursuant to …

(a) Filings submitted to this Department for approval shall be explicit and self-contained, supported by statistics, where applicable, and shall set forth the information upon which the filer relied in making the filing. (b) All commercial and personal lines filings shall be subm…

(a) Filings containing changes in rates, rules, plans and forms previously approved for the filer shall be presented in the following fashion: 1. A copy of the page or pages containing the passage for which a change is proposed shall be filed in such form that the text is self-co…

(a) If a filer proposes to adopt rules, rating plans, policy forms or endorsements previously approved for other filers in New Jersey, the filing shall clearly identify such reference including the name of the filer and the date such filings were approved in this State, including…

Action on new filings will be expedited if they are identified as to their foundation. Filings shall not be identified as new filings if they properly fall under the categories discussed under section 3 or 4 of this subchapter. Notes N.J. Admin. Code § 11:1-2.5 Amended by R.1975 …

The filing with a cover letter shall be submitted to the Department of Banking and Insurance. Filers may choose to eliminate the submission of a cover letter provided that the SERFF Filing's General Information Filing Description Section is fully completed with a clear and precis…

Failure to comply with the provisions of this subchapter may result in the imposition of penalties as prescribed by law. Notes N.J. Admin. Code § 11:1-2.7 New Rule, R.2002 d.101, effective 4/1/2002. See: 33 N.J.R. 1875(a), 34 N.J.R. 1431(b).

(a) This subchapter shall apply to all commercial insurance policies that are in force, issued, or renewed by companies licensed to do business in this State except workers' compensation insurance, employers liability, fidelity, surety, performance and forgery bonds, ocean marine…

If any provision of this subchapter or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the subchapter and the application of such provision to other persons or circumstances shall not be affected thereby. Notes N.J. Adm…

(a) In addition to any other penalty authorized by law, the Commissioner may, after notice and a hearing, impose penalties as prescribed by N.J.S.A. 17:29A-1 et seq., 17:29AA-1 et seq., 17:29B-7 and 11, 17:30C-1 et seq., 17:32-1 et seq. and 17:33-2. (b) As an alternative or in ad…

§ 11:1-20.12 - Reserved Notes N.J. Admin. Code § 11:1-20.12

(a) No policy shall be nonrenewed upon its expiration date unless a valid written notice or nonrenewal has been mailed or delivered to the insured in accordance with the provisions of this subchapter. For the purpose of this subchapter, policies not having a fixed expiration date…

(a)All commercial insurance policy forms and all homeowners' insurance policy forms must contain a provision setting forth the following statement: Pursuant to New Jersey law, this policy cannot be cancelled or nonrenewed for any underwriting reason or guideline which is arbitrar…

(a) No insurer may cancel or nonrenew a policy based upon underwriting guidelines which are arbitrary, capricious or unfairly discriminatory. (b) The following guidelines are approved for use by insurers: 1. Nonpayment of premium; 2. Moral hazard, as defined at N.J.A.C. 11:1-20.2…

(a) Every cancellation or nonrenewal based upon loss of or reduction in available insurance capacity shall be supported by the following documentation: 1. A narrative description of the specific facts underlying the insurer's loss of or reduction in capacity. 2. Identification of…

(a) Every cancellation or nonrenewal based on material increase in exposure resulting from changes in statutory or case law subsequent to issuance of the insurance contract shall be supported by the following documentation: 1. Copies of or appropriate references to the applicable…

(a) Every cancellation or nonrenewal based on loss of or substantial changes in applicable reinsurance shall be supported by the following documentation: 1. All information set forth at N.J.A.C. 11:1-22.2(b)1; 2. Copy of termination notice or other notice reflecting substantial c…

(a) Every cancellation or nonrenewal based on agency termination shall be supported by the following documentation: 1. Explanation of the basis for the insurer's termination of the agency contract; 2. Explanation of why the individual risk(s) or line, class or subclass, as applic…

No policy shall contain provisions which are inconsistent with the requirements of this subchapter. Notes N.J. Admin. Code § 11:1-20.9 Recodified from N.J.A.C. 11:1-20.5 by R.1987 d.114, effective 2/17/1987. See: 18 N.J.R. 2301(b), 19 N.J.R. 359(a).

(a) This subchapter sets forth the requirements for the filing of loss reserve actuarial opinions, actuarial opinion summary, and actuarial report and workpapers by property casualty insurers. (b) This subchapter shall apply to all property and casualty insurers authorized or adm…

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Commissioner" means the Commissioner of the New Jersey Department of Banking and Insurance. "Department" means the New Jersey Department …

(a) Every property and casualty insurer authorized or admitted to transact business in this State shall annually submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion." (b) The opinion required pursuant to (a) above shall be filed in accordance with …

(a) Every property and casualty insurance company domiciled in this State that is required to annually submit a statement of actuarial opinion shall also annually submit an actuarial opinion summary, written by the company's appointed actuary. This actuarial opinion summary shall…

(a) Every property and casualty insurance company domiciled in this State that is required to annually submit a statement of actuarial opinion shall annually file, by May 1 of each year, an actuarial report and underlying workpapers that are required to be prepared by the appropr…

(a) The statement of actuarial opinion shall be provided with the annual statement in accordance with the appropriate NAIC Property and Casualty Annual Statement Instructions and shall be treated as a public document. (b) Documents, materials or other information in the possessio…

(a) This subchapter shall apply to all commercial insurance policies which are in force, issued or renewed on or after the effective date of this subchapter by companies licensed to do business in this State except workers' compensation insurance and forgery bonds, ocean marine a…

(a) The following acts or practices are specifically prohibited with respect to those policies subject to the provisions of this subchapter: 1. Effecting or attempting to effect a mid-term premium increase and/or a reduction in the amount or type of coverage provided under the po…

(a) All data or information contained in a block nonrenewal and/or block cancellation plan filed pursuant to this subchapter shall be confidential and shall not be considered a public record for purposes of the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., with the exception…

(a) If the Commissioner finds that the block nonrenewal and/or block cancellation will adversely affect the market, the timeframe for the block nonrenewals and/or cancellations may be extended to a maximum period of three years. (b) In making the determination as to whether a blo…

(a) In addition to any other penalty authorized by law, the Commissioner may, after notice and a hearing, impose penalties as prescribed by N.J.S.A. 17:29A-1 et seq., 17:29AA-1 et seq., 17:29B-7 and 11, 17:30C-1 et seq., 17:32-1 et seq. and 17:33-2. (b) As an alternative or in ad…

(a) The purpose of this subchapter is to regulate the use of credit cards, charge cards, debit cards or direct account deduction by insurers, insurance producers and limited insurance representatives and to provide standards concerning the use of such means to pay for insurance p…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Alternative payment method" means the payment of insurance premiums by credit card, charge card, debit card or direct account deduction…

(a) The use of an alternative payment method by an insurer or insurance producer shall be optional and shall be permitted as long as the insurance laws of this State and other applicable provisions of law are not violated. (b) Any insurer or insurance producer that agrees to allo…

No premium shall differentiate in rates on the basis of payment by one of the alternative methods set forth in this subchapter or payment by means other than one of these methods, except in accordance with the insurer's rating system, or as otherwise authorized pursuant to N.J.S.…

The insurance policy that is the subject of an alternative payment method transaction shall not be cancelled or nonrenewed by any person other than the named insured, the policyholder (including the owner of the policy where the policyholder is not the named insured) or the insur…

Premium payments shall be considered collected by and paid to the insurer or insurance producer, as applicable, when the charge is authorized or debited, as applicable. Notes N.J. Admin. Code § 11:1-24.6 Amended by R.2006 d.307, effective 9/5/2006. See: 37 N.J.R. 4156(a), 38 N.J.…

An insurer or insurance producer allowing alternative payment methods of insurance premiums shall fully disclose to the insured or prospective insured, upon request, the availability of all optional methods of payment offered by that insurer or insurance producer, and the differe…

Failure to comply with the provisions of this subchapter shall result in the imposition of penalties as provided by law. Notes N.J. Admin. Code § 11:1-24.8

The purpose of this subchapter is to ensure that the Department's records of the official mailing address and the electronic mailing ("e-mail") address of insurers and regulated entities remain accurate and updated at all times and thereby maximize the efficient use of Department…

This subchapter shall apply to any person, partnership, corporation or any other legal entity that is required to submit an annual financial statement or report to the Commissioner pursuant to any of the following: N.J.S.A. 17:16A-13, 17:22-6.45, 17:23-1, 17:35-8, 17:35-19, 17:44…

(a) For the purpose of disseminating Department information, including, but not limited to, certificates of authority, orders to show cause, and company-specific administrative orders, the Department's official mailing address list shall be based upon the mailing address informat…