New Jersey Administrative Code

Surety companies shall be responsible for the maintenance of case-specific records reflecting the actual expenses incurred in the investigation and apprehension of fugitives and any filing fees and other court-imposed costs incurred in any action for the remittance of the previou…

(a) This subchapter implements the Commissioner's responsibilities pursuant to P.L. 1995, c.384, which statute provides standards for acceptable sureties providing payment and performance bonds for contractors on public works projects. This subchapter sets forth the rating compan…

The following words and terms, when 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 Departmen…

(a) The following rating companies are nationally recognized as providing ratings regarding the claims paying ability of insurers and may be used to determine whether a surety company is acceptable to provide payment and performance bonds pursuant to P.L. 1995, c.384: 1. A.M. Bes…

(a) A surety company which is Treasury listed seeking to provide payment or performance bonds as required by P.L. 1995, c.384 may request to be listed by the Department as an acceptable surety for provision of bonds on public works contracts by filing a certification to that effe…

Failure to comply with the provisions of the subchapter shall result in the imposition of penalties as provided by law. Notes N.J. Admin. Code § 11:1-41.5

(a) The purpose of this subchapter is to set forth the circumstances that shall constitute an "unusual hardship" for the purpose of filing a claim by a claimant with the Association or Fund pursuant to N.J.S.A. 17:30A-1 et seq. or N.J.S.A. 17:22-6.70 et seq., as applicable. (b) T…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Association" means the New Jersey Property-Liability Insurance Guaranty Association established pursuant to N.J.S.A. 17:30A-1 et seq. "…

(a) Pursuant to N.J.S.A. 17:30A-5 and 17:22-6.72, as applicable, a covered claim by the Association or Fund shall not include a claim filed with the Association or Fund, as applicable, after the final date set by the court for the filing of claims against the liquidator or receiv…

(a) A claimant may request a review by the Commissioner of a determination of the Association or Fund, as applicable, denying a request for a finding of unusual hardship within 20 days of receipt of the Association's or Fund's written decision by submitting to the Commissioner a …

All documents provided by a claimant pursuant to N.J.A.C. 11:1-43.3 shall be confidential and shall not be subject to public inspection or copying pursuant to the "Right-to-Know" law, N.J.S.A. 47:1A-1 et seq. Notes N.J. Admin. Code § 11:1-43.5

(a) This subchapter establishes standards for developing and implementing administrative, technical and physical safeguards to protect the security, confidentiality and integrity of customer information, pursuant to Sections 501, 505(b) and 507 of the Gramm-Leach-Bliley Act, 15 U…

Failure to comply with the provisions of this subchapter shall be deemed to constitute a violation of the statutes governing trade practices at N.J.S.A. 17:29B-1 et seq. and 17B:30-1 et seq., as applicable, and shall result in the imposition of penalties as provided in those stat…

A licensee shall establish and implement an information security program, including appropriate policies and systems pursuant to this subchapter, by October 19, 2004. Notes N.J. Admin. Code § 11:1-44.11

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Consumer" means an individual who seeks to obtain, obtains or has obtained an insurance product or service from a licensee that is to b…

(a) Each licensee shall implement a comprehensive written information security program that includes administrative, technical and physical safeguards for the protection of customer information. The administrative, technical and physical safeguards included in the information sec…

(a) A licensee's information security program shall be designed to: 1. Ensure the security and confidentiality of customer information; 2. Protect against any anticipated threats or hazards to the security or integrity of customer information; and 3. Protect against unauthorized …

The actions and procedures described in N.J.A.C. 11:1-44.6 through 44.9 are examples of methods of implementation of the requirements of N.J.A.C. 11:1-44.3 and 44.4. These examples are non-exclusive illustrations of actions and procedures that licensees may follow to implement N.…

The licensee identifies reasonably foreseeable internal or external threats that could result in unauthorized disclosure, misuse, alteration or destruction of customer information or customer information systems; assesses the likelihood and potential damage of these threats, taki…

The licensee designs its information security program to control the identified risks, commensurate with the sensitivity of the information, as well as the complexity and scope of the licensee's activities; trains staff, as appropriate, to implement the licensee's information sec…

The licensee exercises appropriate due diligence in selecting its service providers; and requires its service providers to implement appropriate measures designed to meet the objectives of this subchapter, and, where indicated by the licensee's risk assessment, takes appropriate …

The licensee monitors, evaluates and adjusts, as appropriate, the information security program in light of any relevant changes in technology, the sensitivity of its customer information, internal or external threats to information, and the licensee's own changing business arrang…

(a) This subchapter sets forth the form and manner of notice to be provided to policyholders and the public when an insurer or rating organization files for a personal lines prior approval rate increase, in accordance with N.J.S.A. 52:27EE-51. (b) This subchapter shall apply to a…

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. "Consumer insurance rate increase" means a pr…

(a) Subject to N.J.A.C. 11:1-45.1(b), insurers shall provide notice, in the form set forth in Exhibit A or Exhibit B in the Appendix to this subchapter, incorporated herein by reference, of any filing for a personal lines prior approval rate increase, as set forth in N.J.S.A. 52:…

§ 11:1-45.4 - Penalties Notes N.J. Admin. Code § 11:1-45.4

(a) This subchapter sets forth procedures for the assessment of carriers for purposes of making contributions to the Workers' Compensation Security Fund pursuant to N.J.S.A. 34:15-108. (b) This subchapter shall apply to all carriers authorized or admitted to transact workers' com…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Carrier" means any stock corporation, reciprocal or association organized and operating on the mutual plan, authorized or admitted to t…

(a) The Department shall periodically evaluate the amount of funds in the fund. When the aggregate amount of all payments into the fund, together with accumulated interest thereon, less all its expenditures and known liabilities of all carriers for the payment of benefits, shall …

Failure to comply with the provisions of this subchapter may result in the imposition of penalties as authorized by law, including, but not limited to, penalties authorized pursuant to N.J.S.A. 34:15-109. Notes N.J. Admin. Code § 11:1-46.4

(a) This subchapter recognizes and permits electronic transactions between carriers or producers, and applicants, insureds, or other parties. (b) This subchapter applies to all transactions between carriers or producers, and an applicant, insured or other party for all kinds of i…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "CAIP" means the Commercial Automobile Insurance Plan established pursuant to N.J.S.A. 17:29D-1 and N.J.A.C. 11:3-1. "Carrier" means an …

(a) To the extent any statute or rule requires that a transaction or record related thereto between a carrier or a producer and an applicant, insured or other party be in writing, with or without a signature, such transaction or record may be made electronically, provided the req…

Failure to comply with the provisions of this subchapter may result in the imposition of penalties as authorized by law, including, but not limited to, penalties authorized pursuant to N.J.S.A. 17:33-2 and 17B:21-2. Notes N.J. Admin. Code § 11:1-47.4

(a) The purpose of this subchapter is to set forth the procedures for filing and the required contents of the Corporate Governance Annual Disclosure (CGAD), deemed necessary by the Commissioner to carry out the provisions at N.J.S.A. 17:23-38 et seq. (b) This subchapter shall app…

The following words and terms, when 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 Departmen…

(a) An insurer, or the insurance group of which the insurer is a member, required to file a CGAD at N.J.S.A. 17:23-38 et seq., shall, no later than June 1 of each calendar year, submit to the Commissioner a CGAD that contains the information described at N.J.A.C. 11:1-48.4. (b) T…

(a) The insurer or insurance group shall be as descriptive as possible in completing the CGAD, with inclusion of attachments or example documents that are used in the governance process, as these documents may provide a means to demonstrate the strengths of their governance frame…

If any provision of this subchapter, or the application thereof, to any person or circumstance, is held invalid, such determination shall not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application, and to t…

Any insurer failing, without just cause, to timely file the disclosure as required pursuant to N.J.S.A. 17:23-38 et seq., and as set forth in this subchapter shall be required, after notice and opportunity for a hearing, to pay a penalty of up to $ 5,000 for each day's delay. Not…

(a) In accordance with N.J.S.A. 17:37A-21, the Commissioner shall, on or before April 1, determine the net value of the New Jersey Insurance Development Fund (Fund), as of the immediately preceding December 31. Upon finding that the net value of the Fund is less than five percent…

(a) All fire and casualty policies of insurance, except accident and health policies, shall provide for the issuing company to give: 1. Thirty days' written notice to the insured of the cancellation of any policy; 2. Thirty days' written notice of cancellation of any policy to an…

(a) When a notice of cancellation is served by mail, three days from the date of mailing shall be added to the otherwise applicable notice period. (b) The association shall submit to the Commissioner, no later than three days after the last day of each month, a copy of all short …

(a) Fire insurance premium taxes paid by insurers not domiciled in the State of New Jersey are required to be distributed to the respective Firemen's Relief Association in which the property is situated. (b) A three digit Firemen's Relief Association Code, published in the ISO Ne…

(a) All fire and casualty insurers, including the New Jersey Insurance Underwriting Association (FAIR Plan), that write homeowners insurance, as defined in N.J.A.C. 11:2-42.2, shall provide their policyholders at least annually with a notice that includes the following informatio…

The retention level for the FAIR plan established pursuant to N.J.S.A. 17:37A-18 shall be $ 35 million. Notes N.J. Admin. Code § 11:1-5.6 New Rule, R.1997 d.471, effective 11/3/1997. See: 29 N.J.R. 1009(a), 29 N.J.R. 4688(a).

(a) This subchapter provides for the recoupment by member insurers of the Association of assessments paid pursuant to N.J.S.A. 17:30A-8a(3). (b) This subchapter applies to all assessments imposed on member insurers pursuant to N.J.S.A. 17:30A-8a(3) and which have not been recoupe…