New Jersey Administrative Code

(a) Each filer shall periodically review, no less frequently than once every five years, the continued validity of its territorial rating plan and report its findings in a format to be established by the Commissioner by Order. (b) The Commissioner shall convene the Commission to …

(a) Any filer may object to an approved filing made in accordance with this subchapter on the grounds that it:1. Is anti-competitive; 2. Does not meet the standards established in N.J.S.A. 17:29A-48 and this subchapter; or 3. Results in the filer not meeting its obligations pursu…

(a) The Commission shall file a territory map in accordance with N.J.A.C. 11:3-16A.4 and territorial relativities in accordance with N.J.A.C. 11:3-16A.5 for the Commissioner's approval. 1. The Commissioner shall approve or disapprove the filing within 30 days. If the Commissioner…

(a) The purpose of this subchapter is to set forth the process for a private passenger automobile insurer or rating organization to file limited rate changes to its rating system as permitted by N.J.S.A. 17:29A-46.6. (b) This subchapter shall also apply to rates filed by:1. All i…

The following words and terms, as 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 indi…

(a) An insurer and/or rating organization, pursuant to N.J.S.A. 17:33B-31, may file for a rate change in accordance with this subchapter. The insurer shall provide the following information in support of its filing: 1. A cover letter notifying the Department of its intention to m…

(a) General requirements for limited rate change filings are as follows: 1. Filers shall provide coverage indications based on three accident years of data. For coverages that are fully credible based on less than three years of data, filers may use two accident years of data to …

(a) If the overall indicated change as determined in N.J.A.C. 11:3-16B.4 is an increase of seven percent or more, the filer shall request an overall increase of no more than seven percent. (b) If the overall indicated change as determined by N.J.A.C. 11:3-16B.4 is less than seven…

(a) If the Commissioner determines that the filing includes all the information and calculations required to support the rate change, then the Commissioner shall approve the filing. (b) A filing will be deemed submitted when it is received by the Department's Property and Casualt…

(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…

(a) This subchapter implements N.J.S.A. 17:29A-46.1 et seq., which requires that personal private passenger automobile insurers file for approval their tier placement criteria used to assign risks to a tier rating plan. Approval of tier placement criteria shall serve to confirm t…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Affiliated companies" means two or more individual insurance companies that are authorized to transact private passenger automobile ins…

(a) Insurers that write personal private passenger automobile insurance in New Jersey shall file for approval their tier placement criteria used to assign business under a tier rating plan, in accordance with N.J.S.A. 17:29A-46.1 and this subchapter. No insurer shall use or imple…

(a) An insurer seeking to establish or to modify a tier rating plan shall file with the Commissioner the following items: 1. A complete set of tier placement criteria containing the standards for each tier and the rating differentials between the tiers; 2. A narrative description…

(a) A tier rating plan shall be disapproved for any of the following reasons: 1. The plan does not comply with N.J.S.A. 17:29A-46.1 et seq. and this subchapter; 2. The plan assigns a vehicle insured under the policy to a higher than standard tier solely for the accumulation of fo…

(a) An insurer that has implemented a tier rating plan shall issue and renew its policies at the appropriate tier for which the risk qualifies in accordance with the insurer's approved tier placement criteria. 1. The transfer of a risk from one company to another in accordance wi…

Failure to comply with the provisions of this subchapter shall result in the imposition of penalties as authorized by law. Notes N.J. Admin. Code § 11:3-19A.7 Recodified from N.J.A.C. 11:3-19A.8 by R.2008 d.380, effective 12/15/2008 (operative January 1, 2009). See: 39 N.J.R. 371…

Notes N.J. Admin. Code § 11:3-19A.8 Recodified to N.J.A.C. 11:3-19A.7 by R.2008 d.380, effective 12/15/2008 (operative January 1, 2009). See: 39 N.J.R. 3716(a), 40 N.J.R. 6970(b). Section was "Penalties".

Notes N.J. Admin. Code § 11:3-19A.9 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 "Transition".

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 …

This subchapter applies to all private passenger automobile insurers and establishes procedures for defensive driving rate reductions as required by N.J.S.A. 17:33B-45.1. Notes N.J. Admin. Code § 11:3-24.1

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Automobile" means any private passenger automobile as defined in N.J.S.A. 39:6A-2 but does not include any automobile insured under a c…