New Jersey Administrative Code

(a) After becoming subject to the provisions of this subchapter, captives shall, within 90 days, report to the Commissioner in writing, the name and address of the independent certified public accountant retained to conduct the annual audit set forth in this subchapter. (b) No pe…

(a) This subchapter establishes a plan pursuant to N.J.S.A. 17:29D-1: 1. To provide personal private passenger automobile insurance coverage for automobiles owned or operated by qualified applicants subject to the conditions stated; and 2. To provide insurance coverage for all mo…

(a) CAIP shall provide coverage to all CAIP qualified applicants as set forth in the AIP plan of operation. For the purposes of this section, a "CAIP qualified applicant" means the owner or registrant of a motor vehicle registered in New Jersey or to be registered within 60 days …

(a) CAIP shall provide to CAIP qualified applicants, bodily injury liability and property damage liability coverages as follows: 1. CAIP shall provide basic combined single limit of $ 35,000 and statutory uninsured motorist coverage except: i. When limits in excess of the basic c…

(a) Every insurer admitted to transact and transacting motor vehicle insurance in the State of New Jersey shall participate in CAIP to the extent required by this subchapter and the AIP plan of operation. At the end of each fiscal period, CAIP's operating profit or loss shall be …

(a) The Governing Committee shall file for prior approval by the Commissioner, all rates, rules surcharges, minimum premiums, classifications, and policy forms which shall be used by insurers writing risks through the AIP. Proceedings to review rate filings shall be conducted pur…

(a) The PAIP shall provide for an installment premium payment option in accordance with procedures established by the Governing Committee in the AIP plan of operation. With respect to the installment premium payment option, the AIP plan of operation shall specify: 1. The minimum …

(a) An applicant, insured, producer, LAD carrier, CAIP servicing carrier, person applying to act as a LAD carrier or CAIP servicing carrier, or insurer may petition for appeal to the Commissioner from an adverse decision of the Governing Committee by filing a request in writing w…

Failure to comply with the provisions of this subchapter may result in the imposition of penalties as authorized by law. Notes N.J. Admin. Code § 11:3-1.16 Adopted by 50 N.J.R. 565(a), effective 1/16/2018

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Actively writing" means an insurer writing private passenger and/or commercial automobile liability or physical damage insurance in thi…

(a) There is created in the State of New Jersey a plan for the administration and apportionment of automobile insurance for qualified applicants to be known as the New Jersey Automobile Insurance Plan. (b) The AIP shall be administered by a Governing Committee pursuant to this su…

(a) The AIP shall be administered by a Governing Committee of 18 members. No employee of a voluntary market automobile insurer that is not actively writing automobile insurance or that has filed and received approval of an application to withdraw from writing automobile insurance…

(a) The AIP plan of operation shall provide for the prompt and efficient provision of automobile insurance to qualified applicants. The AIP plan of operation shall provide for, among other matters: 1. The internal organization and proceedings of the Governing Committee; 2. Standa…

(a) Every insurer shall participate in the PAIP to the extent required by this subchapter and the AIP plan of operation. (b) The requirements of this subchapter shall not apply to the following: 1. Insurers that have not issued or renewed policies of private passenger automobile …

(a) PAIP shall provide coverage to all PAIP qualified applicants as set forth in the AIP plan of operation. For purposes of this subchapter, a "qualified applicant" shall include: 1. A person domiciled in New Jersey, who is an owner of an automobile registered and principally gar…

(a) PAIP shall provide to PAIP qualified applicants bodily injury liability, property damage liability, personal injury protection, uninsured/underinsured motorists, and physical damage coverages at the minimum levels required by law, including all options related thereto. (b) PA…

(a) With respect to PAIP risks only, the Governing Committee shall establish procedures in the plan of operation to distribute risks eligible for coverage to insurers on an equitable basis based on the proportion that the insurer's share of the voluntary market for personal priva…

This subchapter applies to claims arising under motor vehicle collision and comprehensive coverages. Notes N.J. Admin. Code § 11:3-10.1 Amended by R.1985 d.629, effective 12/16/1985. See: 16 New Jersey Register 3170(a), 17 New Jersey Register 2988(a). Section heading was Applicat…

To ensure compliance with this rule, the Department of Banking and Insurance personnel will investigate the market performance of insurers. To enable Department personnel to reconstruct an insurer's activities pursuant to the provisions of this rule, each insurer must maintain a …

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Actual cash value", unless otherwise specifically defined by law or policy, means the lesser of the amounts for which the insured or the…

(a) If the insurer intends to exercise its right to inspect, or cause to be inspected by an independent appraiser, damages prior to repair, the insurer shall have seven working days following receipt of notice of loss to inspect the insured's damaged vehicle, which is available f…

(a) If the insurer elects to make a cash settlement, it must bear in mind at all times that the insured's position is that of a retail consumer and the settlement value arrived at must be reasonable and fair for a person in that position. Written, itemized valuations showing all …

(a) Unless a clear justification exists, physical damage claims will have a maximum payment period of 30 calendar days. A payment period is the period between the date of the receipt of the notice of loss by the insurer, and: 1. The date the settlement check is mailed; or 2. The …

In the event of the theft of the entire vehicle the insurer at the time of notification shall advise the insured of his or her right under the policy to be reimbursed for transportation expenses. The notification must be confirmed in writing immediately after receipt of notice of…

(a) If an insured has received payment under his or her physical damage coverage that is subject to a deductible, the insured shall share, pro rata, with the insurer any net recovery received by the insurer from third parties. (b) Net recovery shall be the total recovery less the…

If the insurer requires that its insured obtain more than one estimate of motor vehicle damage, the reasonable cost of such additional estimates, if any, shall be borne by the insurer unless the estimator does the work. Notes N.J. Admin. Code § 11:3-10.8

There shall be no attempt to discourage an insured from filing a physical damage claim, nor shall an insurer encourage its insured to assert a claim against a third party in lieu of filing a physical damage claim under the insured's policy. Notes N.J. Admin. Code § 11:3-10.9

(a) No policy insuring against loss resulting from liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, operation or use of a motorized bicycle as defined in N.J.S.A. 39:1-1, as amended, shall be issued in the…

The New Jersey Automobile Insurance Reform Act of 1982 (N.J.S.A. 17:29A-33 et al.) requires that each insurer calculate and collect, on a flat and uniform basis per insured automobile statewide, the taxes which are paid pursuant to N.J.S.A. 54:18A-1 et seq. This subchapter provid…

(a) This subchapter applies to every insurer authorized to transact the business of automobile insurance in the State and every rating organization engaged in the business of rate-making for such insurers. (b) The provisions of this subchapter are not intended to supersede or ame…

The following words and terms, when used in this subchapter, shall have the following meaning unless the context clearly indicates otherwise. "Commissioner" means the Commissioner of Banking and Insurance. "Filer" means a rating organization or any insurer making its own rates. "…

(a) Pursuant to N.J.S.A. 17:29A-33 et seq., each automobile filer shall calculate and collect taxes for its insureds on a flat uniform fee basis per insured automobile statewide. 1. The flat and uniform fee per insured automobile required in (a) above shall be included in all new…

(a) Each automobile insurer shall submit to the Commissioner for approval a rate filing designated to place the premium structure of the filer in compliance with the requirements of the New Jersey Automobile Insurance Reform Act of 1982 and this subchapter. 1. The rate filing sub…

The New Jersey Automobile Insurance Reform Act of 1982 (N.J.S.A. 17:29A-39) requires that each insurer offer a range of deductibles up to at least $ 2,000 for private passenger automobile collision and comprehensive coverage. This subchapter provides rules for the implementation …

This subchapter applies to every insurer authorized to transact the business of automobile insurance in this State and every rating organization engaged in the business of rate-making for such insurers. Notes N.J. Admin. Code § 11:3-13.2

(a) The minimum schedules of deductibles for private passenger automobile collision and comprehensive coverages which each insurer shall offer, pursuant to P.L. 2003, c. 89, N.J.S.A. 17:29A-39 are as follows: 1. Deductibles for collision coverage: $ 100.00 $ 750.00 $ 150.00 $ 1,0…

(a) The filing of a rating organization shall be applicable to the members and subscribers of the organization who have authorized the organization to file on their behalf. 1. Members or subscribers may submit to the Commissioner for approval a separate filing which deviates from…

(a) For purposes of this subchapter, a "named excluded driver" means a driver who is specifically identified in the endorsement as a person who is excluded from physical damage coverage for specified automobile(s) and whose operation of a specified automobile(s) covered under the…

This subchapter establishes rules for the provision of optional deductibles and benefits for personal injury protection offered under standard private passenger automobile insurance policies pursuant to N.J.S.A. 39:6A-4. Notes N.J. Admin. Code § 11:3-14.1 Amended by R.1989 d.117,…

This subchapter applies to every insurer, including any residual market mechanism created by any New Jersey statute, authorized to transact the business of automobile insurance in this State. Notes N.J. Admin. Code § 11:3-14.2 Amended by R.1990 d.580, effective 11/19/1990 (operat…

(a) With respect to personal injury protection under standard automobile insurance policies, issued pursuant to N.J.S.A. 39:6A-4, each insurer shall make available as an option, at appropriately reduced premiums, medical expense benefits in amounts of $ 150,000, $ 75,000, $ 50,00…

(a) Automobile insurers offering personal injury protection coverage pursuant to N.J.S.A. 39:6A-4 shall, at an appropriate reduced premium, provide the named insured the option to exclude all of the following benefits from such coverage: 1. Income continuation benefits; 2. Essent…

(a) Pursuant to N.J.S.A. 39:6A-4.3, for policies issued or renewed on or after January 1, 1991, an insurer shall provide the option that other health insurance coverage or benefits of the insured, including health care services provided by a health maintenance organization and an…

Every automobile insurer offering personal injury protection coverage shall establish a fair, practicable and non-discriminatory plan for the refund or application of credit of any unearned premium resulting from the selection of any deductible and/or exclusion option pursuant to…

(a) Every automobile filer shall submit to the Commissioner for approval filings of rates or manual rules which provide the optional medical expense benefit deductibles for personal injury protection coverage. (b) Within 30 days of the effective date of this subchapter, every aut…

When an insured or prospective insured elects to have a health insurer provide primary personal injury protection medical expenses benefits, the medical expenses benefits available to the insured under his or her automobile policy's personal injury protection provisions shall bec…

(a)N.J.S.A. 39:6A-23 requires the Commissioner of the Department of Banking and Insurance to promulgate standards for the written notice to be provided to applicants for private passenger automobile insurance and to policyholders offered renewal of coverage. This written notice i…

Notes N.J. Admin. Code § 11:3-15.10 Recodified from N.J.A.C. 11:3-15.9, R.1989 d.624, effective 12/18/1989 (operative January 1, 1990). See: 21 New Jersey Register 3244(a), 21 New Jersey Register 3922(a). Repealed by R.1998 d.595, effective 12/21/1998 (operative March 22, 1999). …

Notes N.J. Admin. Code § 11:3-15.11 New Rule, R.1989 d.117, effective 2/21/1989. See: 20 New Jersey Register 2984(a), 21 New Jersey Register 558(b). Recodified from N.J.A.C. 11:3-15.10, R.1989 d.624, effective 12/18/1989 (operative January 1, 1990). See: 21 New Jersey Register 32…

(a) This subchapter applies to every insurer authorized to transact the business of private passenger automobile insurance in this State and to any automobile residual market mechanism created by any New Jersey statute. (b) This subchapter applies to personal lines private passen…