New Jersey Administrative Code

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq. "Agency" means the New Jersey Department of Banking and Insuranc…

(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107. (b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency com…

In addition to any other advice, assistance, or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the agency's compliance with the ADA or the availability of accommodation that would allow a qualified individual with a disabili…

(a) The designated coordinator of ADA compliance and complaint investigation for the agency is: ADA Coordinator New Jersey Department of Banking and Insurance Office of Human Resources PO Box 325 Trenton, New Jersey 08625-0325 (b) All inquiries regarding the agency's compliance w…

A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in N.J.A.C. 11:1-3.4 within 30 days of the grievant becoming awar…

(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at N.J.A.C. 11:1-3.7. (b) A grievance submitted pursuant to this subchapter shall include the following information: 1. The name of the grievant and/or any alternate contact person …

The following form may be utilized for the submission of a grievance pursuant to this subchapter: Americans with Disabilities Act Grievance Form Date: ..................................................................... Name of grievant: .........................................…

(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which…

(a) This subchapter sets forth the filing requirements and procedures for unauthorized insurers which seek to become eligible surplus lines insurers in this State in accordance with the Surplus Lines Law, N.J.S.A. 17:22-6.40 et seq. (b) This subchapter applies to unauthorized ins…

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Alien applicant" means an applicant which is an unauthorized insurer formed under the laws of any country other than the United States, i…

(a) No surplus lines agent shall place any coverage in this State with any unauthorized insurer which is not an eligible surplus lines insurer in this State, except for the placement of an insurance risk pursuant to N.J.S.A. 17:22-6.45(h), where insurance on a risk eligible for e…

(a) Foreign applicants shall submit the following to the Commissioner: 1. A certificate of compliance from its state of domicile, which shall be filed annually thereafter; 2. Statements of the applicant's financial condition as of and for the two immediately preceding calendar ye…

(a) If the applicant demonstrates that it fulfills the requirements for eligibility in this subchapter, the Commissioner shall issue a Certificate of Eligibility to the applicant. (b) The Certificate of Eligibility shall remain continuously in effect unless the Commissioner withd…

(a) The Commissioner may withdraw the eligibility of an insurer to insure surplus lines risks in this State if the Commissioner has reason to believe that the eligible surplus lines insurer is no longer in compliance with this subchapter. (b) The Commissioner shall notify all lic…

Failure to submit the information required by this subchapter completely and accurately may result in the denial of a certificate of eligibility to transact business as an eligible surplus lines insurer in this State. Notes N.J. Admin. Code § 11:1-31.7

(a) This subchapter sets forth specific fees charged for various services provided by the Department. For services not included in this subchapter, the Department shall charge such other fees as may be provided by applicable statute or rule. This subchapter also sets forth proced…

(a) Failure to pay an applicable filing or application fee at the time of filing or application may result in the filing or application being rejected as incomplete. (b) Failure to pay the applicable fee at the time of making a request for service may result in the Department's r…

Notes N.J. Admin. Code § 11:1-32.11 Recodified to N.J.A.C. 11:1-32.10 by R.1996 d.484, effective 10/7/1996. See: 28 N.J.R. 3223(a), 28 N.J.R. 4482(a). Section was "Penalties".

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Annuity" is as defined in N.J.S.A. 17B:17-5. "Certificate of eligibility" means a certificate issued to an unauthorized insurer by the …

(a) All fees set forth in this subchapter, excluding the fees set forth in N.J.A.C. 11:1-32.9, shall be paid at the time of the filing or application or the request for service. (b) All fees set forth in this subchapter shall be paid by check and made payable to the State Treasur…

(a) On filing with the Department any certificate or other filing specified in this section by an insurer, fraternal benefit society, medical service corporation, hospital service corporation, health service corporation, dental service corporation or dental plan organization auth…

(a) The following fees shall be paid for services provided by the Commissioner regarding submissions by or on behalf of life and health insurers and fraternal benefit societies in addition to any other applicable fees imposed by this subchapter with respect to life and health ins…

(a) The following fees shall be paid for services provided by the Commissioner regarding submissions by or on behalf of property and casualty insurers, reciprocal insurance exchanges, or title insurers, in addition to any other applicable fees imposed by this subchapter with resp…

(a) The following fees are imposed for services provided by the Commissioner regarding submissions by or on behalf of risk retention groups and purchasing groups: 1. Filing each Annual Statement filed by a risk retention group--$ 100.00; and 2. Registration of new risk retention …

(a) The fees set forth in this subchapter supersede fees set forth in N.J.S.A. 17:33-1, 17B:21-7, 17:48-14, 17:44A-34, N.J.S.A. 17:48A-21, 17:48C-23, 17:48D-3, 17:48D-5, 17:48C-38 and N.J.S.A. 17:50-4, to the extent such fees are inconsistent with the fees set forth herein. The f…

For purposes of collecting the special purpose apportionment pursuant to N.J.S.A. 17:1C-19 et seq., the Commissioner shall not collect de minimis amounts less than $ 20.00. Amounts not so collected pursuant to this section shall be reallocated among the remaining companies in acc…

(a) These rules set forth procedures for the procurement of insurance from surplus lines insurers, and from ineligible unauthorized insurers in accordance with N.J.S.A. 17:22-6.43, 6.45 and 6.47. (b) These rules apply to all New Jersey licensed insurance producers licensed pursua…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Authorized insurer" means a domestic, foreign or alien insurer duly authorized by a Certificate of Authority issued by the Commissioner…

(a) Except for coverages on the Exportable List or with respect to the procurement of insurance for an exempt commercial purchaser subject to (g) below, any licensed New Jersey insurance producer who may be placing coverage on behalf of a New Jersey insured shall first make a dil…

Failure to comply with the provisions of this subchapter shall subject producers and surplus lines agents to penalties as provided in N.J.S.A. 17:22-6.61 and 17:22A-17. Notes N.J. Admin. Code § 11:1-33.4 Recodified from N.J.A.C. 11:1-33.9 by R.2005 d.104, effective 4/4/2005. See:…

Notes N.J. Admin. Code § 11:1-33.5 Repealed by R.2005 d.104, effective 4/4/2005. See: 36 N.J.R. 2144(a), 37 N.J.R. 1065(a). Section was "Exclusions".

Notes N.J. Admin. Code § 11:1-33.6 Repealed by R.2005 d.104, effective 4/4/2005. See: 36 N.J.R. 2144(a), 37 N.J.R. 1065(a). Section was "List of disapproved or withdrawn forms or contracts; exportable list hearing".

Notes N.J. Admin. Code § 11:1-33.7 Repealed by R.2005 d.104, effective 4/4/2005. See: 36 N.J.R. 2144(a), 37 N.J.R. 1065(a). Section was "Refiling policy forms".

Notes N.J. Admin. Code § 11:1-33.8 Recodified to N.J.A.C. 11:1-33.3 by R.2005 d.104, effective 4/4/2005. See: 36 N.J.R. 2144(a), 37 N.J.R. 1065(a).

Notes N.J. Admin. Code § 11:1-33.9 Recodified to N.J.A.C. 11:1-33.4 by R.2005 d.104, effective 4/4/2005. See: 36 N.J.R. 2144(a), 37 N.J.R. 1065(a).

(a) The purpose of this subchapter is to identify the procedures concerning the creation and modification of an exportable list of certain classes of insurance coverages or risks and to promulgate the list as a rule, in implementation of N.J.S.A. 17:22-6.43. (b) This subchapter s…

The following words and terms, as used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Annuity" means a contract not coming within the definition of life insurance as set forth in N.J.S.A. 17B:17-3, or health insurance as set…

(a) In the month of November or December of each year, the Commissioner or his or her designee shall hold a hearing, pursuant to N.J.S.A. 17:22-6.43, for the purpose of determining the extent of the existence or a reasonable or adequate market among authorized insurers for certai…

(a) The record of the hearing shall include the following: 1. Timely-received written public comments; 2. The transcript of the hearing; and 3. Any other information which the hearing officer may deem relevant. Notes N.J. Admin. Code § 11:1-34.4

(a) Upon review of the exportable list hearing record, the Commissioner shall, by rule, declare eligible for export generally, and notwithstanding the provisions of N.J.S.A. 17:22-6.43(a), (b) and (c), any class or classes of insurance coverage or risk for which he or she finds t…

(a) The exportable list is as follows: 1. Amusement Devices, Parks and Carnivals; 2. Animal Mortality; 3. Armored Cars; 4. Auto Racing and Race Tracks; 5. Day Care Center Liability; 6. Difference In Condition; 7. Environmental Impairment Liability Insurance; 8. Excess and Buffer …

(a) The purpose of this subchapter is to set forth filing and procedural requirements governing the filing of required information with respect to the acquisition of control of, or merger with, a domestic insurer, and registration, notification, and enterprise risk reporting requ…

(a) An insurer required to give notice of a proposed transaction pursuant to N.J.S.A. 17:27A-4 shall furnish the required information as set forth in Exhibit D within the applicable time frames set forth in N.J.S.A. 17:27A-4. (b) Agreements for cost sharing services and managemen…

In determining the adequacy and reasonableness of an insurer's surplus, the Commissioner shall consider the factors set forth in N.J.S.A. 17:27A-4b, among others, and need not consider any single factor as necessarily controlling. The Commissioner may consider the net effect of a…

(a) If a domestic insurer, including any person controlling a domestic insurer, is proposing a merger or acquisition pursuant to N.J.S.A. 17:27A-2a, that person shall file a pre-acquisition notification form, in the form of Appendix Exhibit E, incorporated herein by reference. (b…

The ultimate controlling person of an insurer required to file an enterprise risk report pursuant to N.J.S.A. 17:27A-3.k(1) shall furnish the required information on Exhibit F in the Appendix, incorporated herein by reference and made a part hereof, annually on April 1st of each …

(a) Where an insurance holding company system has previously filed the annual group capital calculation at least once, the lead state commissioner has the discretion to exempt the ultimate controlling person from filing the annual group capital calculation, if the lead state comm…