New Jersey Administrative Code

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Basic automobile insurance policy" or "basic policy" means those private passenger automobile insurance policies issued in accordance w…

(a) No new private passenger automobile insurance policy or renewal shall be issued unless the application for the policy or renewal offer is accompanied by a Buyer's Guide, a Coverage Selection Form and an Automobile Insurance Consumer Bill of Rights that meet the minimum standa…

(a) There are established two Buyer's Guides for use by insurers: a personal lines Buyer's Guide and a commercial lines Buyer's Guide for individually owned vehicles written on commercial policies. The Buyer's Guides shall be available on the Department's website. 1. The personal…

(a) Each insurer shall have a separate Coverage Selection Form for the Standard Policy and for the Basic Policy using the text found in the Appendix, Exhibits 1 and 3 incorporated herein by reference. (b) The Coverage Selection Forms shall contain a statement advising the insured…

(a) For all new policies, an insurer or an insurance producer shall receive a Coverage Selection Form signed by the named insured and indicating the prospective insured's coverage choices. Coverage shall not become effective until the signed Coverage Selection Form is received fr…

(a) The insurer shall produce a Consumer Bill of Rights by reproducing the New Jersey Automobile Insurance Consumer Bill of Rights available on the Department's website at https://www.state.nj.us/dobi/siteindex.htm#IIS. The Department shall notify insurers of any changes to the C…

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 § 11:3-15.9 New Rule, R.1989 d.624, effective 12/18/1989 (operative January 1, 1990). See: 21 New Jersey Register 3244(a), 21 New Jersey…

(a) This subchapter establishes data, filing format and standardized ratemaking information and methodology requirements for all private passenger automobile rate filings for the voluntary market, in implementation of N.J.S.A. 17:29A-1 et seq. and as required by N.J.S.A. 17:29A-3…

(a) Filers, except for rating organizations, shall provide all information related to the derivation of the profit and contingency loading contained in the filing by group of coverages. Filers shall specifically include all data used and judgments made, as well as a description o…

(a) Failure to submit the data and calculations required by this subchapter may result in a finding that the filing is incomplete. The Department shall promptly notify a filer of a finding that its filing is incomplete. (b) No finding that a filing is incomplete shall be based so…

Notes N.J. Admin. Code § 11:3-16.12 New Rule, R.1998 d.128, effective 3/2/1998. See: 29 N.J.R. 5240(a), 30 N.J.R. 828(a). Amended by R.2001 d.44, effective 2/5/2001. See: 32 N.J.R. 3891(a), 33 N.J.R. 573(a). In (a), amended the N.J.A.C. reference. Amended by R.2003 d.95, effectiv…

(a) In order for an insurer to incorporate a rating organization's prospective loss costs to establish its own rates, an insurer shall: 1. Be a participating insurer in the rating organization; and 2. File its loss cost multiplier using the Reference Filing Adoption Form (as set …

Notes N.J. Admin. Code § 11:3-16.14 Emergency New Rule, R.1990 d.621, effective 11/26/1990 (expired January 25, 1991). See: 22 New Jersey Register 3790(a). Adopted Concurrent Proposal, R.1991 d.91, effective 1/25/1991. See: 22 New Jersey Register 3790(a), 23 New Jersey Register 5…

Notes N.J. Admin. Code § 11:3-16.15 Recodified to N.J.A.C. 11:3-16.12 by R.2005 d.176, effective 6/6/2005. See: 36 N.J.R. 5640(a), 37 N.J.R. 2026(a). Section was "Voluntary written exposure and primary classification data".

Notes N.J. Admin. Code § 11:3-16.16 Recodified to N.J.A.C. 11:3-16.13 by R.2005 d.176, effective 6/6/2005. See: 36 N.J.R. 5640(a), 37 N.J.R. 2026(a). Section was "Prospective loss cost filing requirements for insurers".

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Accident year" means the 12-month period covering the occurrences during that period. "Affiliate" means an insurer that directly, or in…

(a) The data requirements set forth in this subchapter are minimum requirements. The filer may submit any other data it believes to be relevant in justifying proposed rate changes. If the filer has not collected portions of this information in the past, or has not collected it in…

(a) Informational filings shall be made by all insurers transacting private passenger automobile insurance in the voluntary market, including all individual members and subscribers of rating organizations, pursuant to N.J.S.A. 17:29A-36.2b. (b) The information filing shall consis…

Notes N.J. Admin. Code § 11:3-16.5 Emergency Amendment, R.1990 d.621, effective 11/26/1990 (expired January 25, 1991). See: 22 New Jersey Register 3790(a). Amended to implement provisions of the Fair Automobile Insurance Reform Act of 1990, P.L. 1990, c.8. Adopted Concurrent Prop…

(a) Any filer that desires to modify its rates or rating systems in a manner other than that provided at N.J.S.A. 17:29A-46.6 shall provide the following standard information in support of its application: 1. A cover letter notifying the Department of its intention to modify its …

Notes N.J. Admin. Code § 11:3-16.7 Emergency Repeal and New Rule, R.1990 d.621, effective 11/26/1990 (expired January 25, 1991). See: 22 New Jersey Register 3790(a). Formerly entitled Rating Organization Filings; new rule to implement section 69 of the Fair Automobile Insurance R…

(a) Filers shall provide the following data regarding New Jersey premium, loss costs, loss and loss adjustment expenses. Data shall be by coverage for the latest three calendar-accident years, or fiscal-accident years, at either total limits or basic limits, where applicable. Fil…

(a) Filers, not including rating organizations, shall provide the following data regarding expenses, by group of coverages: 1. All information related to the selected expense provisions, specifically including all data used and judgments made; 2. Average expense ratios by line of…

(a) This subchapter sets forth the procedures used by the Department to review voluntary market private passenger automobile insurance rate filings and implements N.J.S.A. 17:29A-1 et seq. and N.J.S.A. 52:27EE-46 et seq. It is intended to provide for the expeditious review and di…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Annual informational filing" means a filing made in accordance with the provisions of N.J.S.A. 17:29A-36.2b and N.J.A.C. 11:3-16.4. "Co…

(a) Filings may be submitted by insurers or licensed rating organizations which are authorized to file rates for insurers which are members or subscribers of the rating organization. 1. Insurers that make their own rates shall submit filings themselves. 2. Filings submitted by ra…

(a) The time period for the Department's review of a prior approval filing shall commence the day after the filing is received. The filer shall concurrently provide a copy of the filing to the Division of Rate Counsel. (b) The Division of Rate Counsel shall notify the Department …

Notes N.J. Admin. Code § 11:3-18.5 Repealed by R.2001 d.44, effective 2/5/2001. See: 32 New Jersey Register 3891(a), 33 New Jersey Register 573(a). Section was "Procedures for review of rate flex filings".

Notes N.J. Admin. Code § 11:3-18.6 Recodified to N.J.A.C. 11:3-18.4 by R.2001 d.44, effective 2/5/2001. See: 32 New Jersey Register 3891(a), 33 New Jersey Register 573(a).

Nothing in this subchapter shall prevent the Commissioner from at any time initiating an action pursuant to N.J.S.A. 17:29A-1 et seq. to direct that rating systems be altered or revised if found to provide for, result in, or produce rates which are unreasonable, inadequate, or wh…

This subchapter sets forth the financial disclosure and excess profits reporting requirements pursuant to N.J.S.A. 17:29A-5.6 to N.J.S.A. 17:29A-5.16. Notes N.J. Admin. Code § 11:3-20.1 Amended by R.1996 d.58, effective 2/5/1996. See: 27 New Jersey Register 3682(a), 28 New Jersey…

(a) If, after examination of the insurer's excess profit report, the Commissioner finds that any information or calculation in such report contains, results in, or is based upon aberrant, unusual or irregular data, the Commissioner shall issue an order to such insurer directing t…

(a) An insurer may request permission to supplement its excess profit report filing due to good faith error or excusable mistake by submitting a written request to the Department containing the following: 1. The reasons why the insurer believes that a supplemental filing is neces…

Notes N.J. Admin. Code § 11:3-20.12 Recodified from N.J.A.C. 11:3-20.11, by R.1991 d.17, effective 1/7/1991. See: 22 New Jersey Register 2082(b), 23 New Jersey Register 106(a). Repealed by R.1996 d.58, effective 2/5/1996. See: 27 New Jersey Register 3682(a), 28 New Jersey Registe…

Failure to file a complete and accurate excess profit report so that it is received by the Commissioner on or before July 1 shall constitute a violation of this subchapter, and may result in the imposition of penalties as provided by statute. Notes N.J. Admin. Code § 11:3-20.13 R…

The provisions of this subchapter apply to all insurers authorized to transact private passenger automobile insurance business in this State. Notes N.J. Admin. Code § 11:3-20.2

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Actual investment income" means that portion of income generated by investment of policyholder-supplied funds. Policyholder-supplied fu…

(a) The data in the reports required by this subchapter shall be for New Jersey voluntary private passenger automobile insurance and the Personal Automobile Insurance Plan only. (b) Each private passenger automobile insurer, except as provided in (e) below, shall annually file wi…

(a) Each insurer shall submit a complete and accurate excess profit report in the format of the exhibits appended to this subchapter, which exhibits are hereby incorporated by reference as part of these rules, using the spreadsheet posted on the Department's website. (b) The exce…

(a) All private passenger automobile insurers that are part of an insurance company holding system shall file one combined excess profit report under N.J.S.A. 17:29A-5.7 and N.J.A.C. 11:3-20.5. In compliance with this obligation, separate certifications and individual excess prof…

The existence of an excess profit shall be determined based upon calculations made in accordance with the Exhibits set forth in the Appendix to this subchapter for the seven calendar-accident years immediately preceding the date the excess profit report is due. An excess profit s…

(a) If the Commissioner determines that an insurer is required to refund excess profits, the Commissioner shall issue written notice to the insurer of his or her determination. The notice shall contain a written explanation of the basis on which such a determination was made and …

(a) In the event an excess profit is returned by an insurer in accordance with this subchapter and subsequent reports demonstrate and additional excess profits are indicated, an excess profit carry forward shall be established. (b) In the event an extraordinary loss has been incu…

The purpose of this rule is to implement N.J.S.A. 39:6A-4.1, which provides for reduced personal injury protection premiums for additional automobiles in one-driver households. Notes N.J. Admin. Code § 11:3-21.1

(a) In any instance where a named insured is the owner, the only designated operator of two or more automobiles insured by the same insurer under one or more policies, and the only licensed driver residing in the household, the full basic PIP rate shall be charged on one automobi…

(a) Except as provided in paragraph 1 below, the reduced premiums shall only apply to a private passenger automobile of a private passenger or station wagon type that is owned or hired by an individual or by husband and wife who are residents of the same household and is neither …

(a) Each automobile filer shall, within 60 days of the effective date of this rule, submit to the Commissioner for approval filings of rates and manual rules for implementing the reduced PIP premium charges for additional automobiles required by this rule. 1. Each statistical org…

This subchapter requires the submission of data concerning policyholder selection of the various options provided under the New Jersey Automobile Insurance Freedom of Choice and Cost Containment Act of 1984 (N.J.S.A. 17:28-1.1) in order to monitor the implementation and effective…

(a) This subchapter applies to every insurer authorized to transact the business of automobile insurance in this State. (b) For the purpose of the reporting requirements of this subchapter, "automobile" means a private passenger automobile of a private passenger or station wagon …

(a) Every automobile insurer shall complete and file with the Commissioner the coverage option survey required by this subchapter in accordance with the provisions of N.J.A.C. 11:3-3A. The insurer's survey shall reflect the total number of automobiles with in-force coverage, and …