Title 17, Title 17: CORPORATIONS AND INSTITUTIONS FOR FINANCE AND INSURANCE

17:33B-12. Charges under depopulation plan Notwithstanding any provision of law to the contrary, an insurer may charge premiums at the rate level applicable to eligible persons insured by the facility as provided in paragraph (2) of subsection c. of section 88 of this 1990 amenda…

17:33B-13 Definitions. 25. As used in sections 25 through 33 of this 1990 amendatory and supplementary act: "Automobile" means an automobile as defined in section 2 of P.L.1972, c.70 (C.39:6A-2). "Automobile insurance" means insurance for an automobile including coverage for bodi…

17:33B-14 Schedule of automobile insurance eligibility points. 26. The commissioner shall, within 90 days of the effective date of this act, promulgate a schedule of automobile insurance eligibility points by rule or regulation adopted pursuant to the "Administrative Procedure Ac…

17:33B-14.1. Speeding violations, certain; surcharge unaffected 1. a. In calculating a surcharge or other differential in rates based on motor vehicle penalty points promulgated by the Director of the Division of Motor Vehicles pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5…

17:33B-15 Provision of automobile insurance coverage by insurers. 27. a. On or after April 1, 1992, every insurer, either by one or more separate rating plans filed in accordance with the provisions of section 6 of P.L.1988, c.156 (C.17:29A-45) prior to March 1, 1998, or section …

17:33B-16. Declination; reasons for An insurer or agent, upon making a declination of automobile insurance, shall inform the applicant of each specific reason for the declination and shall include a statement as to whether the applicant may qualify for insurance from an affiliate…

17:33B-17. Procedures for resolving complaints a. The commissioner shall establish procedures for resolving complaints of persons who believe that they have been improperly denied automobile insurance, including procedures for a written appeal to the commissioner. b. If either th…

17:33B-18 Conditions of licensure. 30. a. A licensed insurance agent shall, as a condition of licensure: (1) (Deleted by amendment, P.L.2007, c.240). (2) Not attempt to channel an eligible person away from an insurer or insurance coverage with the purpose or effect of avoiding an…

17:33B-19. Suspension of obligation to issue policies due to unsafe, unsound financial condition a. The commissioner shall suspend, after hearing, an insurer's obligation to issue policies in compliance with the provisions of section 27 of this act if the insurer is in an unsafe …

17:33B-2. Findings, declarations The Legislature finds and declares that: a. For almost two decades the system of motor vehicle insurance in this State has been the subject of examination, reform, review and revision in all three branches of government. b. The common public purpo…

17:33B-20. Suspension of obligation because of danger of future unsafe, unsound financial condition The commissioner may suspend an insurer's obligation to issue policies pursuant to section 27 of this act if the commissioner, in his discretion, determines that compliance with se…

17:33B-21. Penalties for violation If the commissioner determines that any person has violated any provision of sections 26 through 30 of this 1990 amendatory and supplementary act, he may impose a civil penalty in an amount of up to $2,000 for the first violation and up to $5,00…

17:33B-22. Automobile coverage if not qualified as "eligible person" Those persons who do not qualify as "eligible persons" as defined in section 25 of this 1990 amendatory and supplementary act but who are in good faith entitled to, but are unable to procure automobile insurance…

17:33B-23. Suspension of obligation to issue policies for insurer in unsafe or unsound financial condition a. The commissioner shall suspend, after hearing, an insurer's obligation to provide insurance for automobiles in compliance with the provisions of section 1 of P.L.1970, c.…

17:33B-24. Suspension of obligation to provide coverage if insurer's financial condition will become unsafe or unsound The commissioner may suspend an insurer's obligation to provide insurance for automobiles in compliance with the provisions of section 1 of P.L.1970, c.215 (C.17…

17:33B-25. Refusal to issue or renew prohibited Notwithstanding the provisions of section 27 of this 1990 amendatory and supplementary act, section 2 of P.L.1968, c.158 (C.17:29C-7), section 26 of P.L.1988, c.119 (C.17:29C-7.1) or any other section of law to the contrary, if the …

17:33B-26. Refusal by insurer of coverage Nothing contained in paragraph e. of the definition of an eligible person as set forth in section 25 of this 1990 amendatory and supplementary act shall be deemed to permit an insurer subject to the provisions of that paragraph e. to refu…

17:33B-27. Suspension of obligation to issue policies for insurer in unsafe or unsound financial condition a. The commissioner shall suspend, after hearing, an insurer's obligation to issue policies in compliance with the provisions of section 39 of this act if the insurer is in …

17:33B-28. Suspension of obligation to issue policies if insurer's financial condition will become unsafe or unsound The commissioner may suspend an insurer's obligation to issue policies pursuant to section 39 of this 1990 amendatory and supplementary act if the commissioner, in…

17:33B-29. Temporary certificate of authority a. The Commissioner of Insurance may issue a temporary certificate of authority which authorizes an insurer to issue private passenger automobile insurance policies or make contracts of private passenger automobile insurance in this S…

17:33B-3. Appointment of trustee; plan of operation; powers of trustee; annual report a. The Legislature finds that the New Jersey Automobile Full Insurance Underwriting Association, created pursuant to section 16 of P.L.1983, c.65 (C.17:30E-4), is currently operating in a substa…

17:33B-30 Out-of-State insurance company, surrender of certificate. 72. a. An insurance company of another state or foreign country authorized under chapter 32 of Title 17 of the Revised Statutes to transact insurance business in this State may surrender to the commissioner its c…

17:33B-31. Use of rating or advisory organization for collection, compilation and dissemination of historical data; factors for coverage; etc. 69. Notwithstanding the provisions of Subtitle 3 of Title 17 of the Revised Statutes or any other provision of law to the contrary, no in…

17:33B-33. Applicability; "renewal" defined a. The provisions of sections 41 through 48 shall be applicable to all automobile physical damage insurance policies covering automobiles, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), registered in this State. b. As used in th…

17:33B-34. Inspection of automobile a. A newly issued policy shall not provide coverage for automobile physical damage perils prior to an inspection of the automobile by the insurer. b. For a renewal of a policy referred to in subsection a. of this section, an insurer may require…

17:33B-35. Inspection before issuance of physical damage coverage. If an automobile is acquired by the insured as a replacement for or in addition to an automobile insured for physical damage coverage, and the insured requests physical damage coverage for the replacement or addit…

17:33B-36. Damage; subsequent inspection; documentation of repairs If an automobile insured for physical damage coverage by an insurer is damaged, the insurer may request that the automobile be made available for inspection regardless of whether the automobile is repaired. The re…

17:33B-36.1 Selection of auto body repair shop; notification form. 64. If an insurer has a financial arrangement with one or more auto body repair shops or other repair facilities or a network of facilities for the purpose of repairing vehicles covered under physical damage, coll…

17:33B-37. Form, photographs for inspection a. Any inspection made pursuant to section 42, 43 or 44 of this act shall be conducted by the insurer or its authorized representative and shall be recorded on a form prescribed by the commissioner and by photographs of the automobile i…

17:33B-38. Report of wrongdoing Every insurer shall report to the Director of the Division of Motor Vehicles any evidence of overcharges, improper repairs or adjustments or other wrongdoing by auto body repair facilities or automobile repairers. L.1990,c.8,s.46.

17:33B-39. Penalty for violation If the commissioner, after notice and hearing, finds that any insurer or its authorized representative has violated any provision of sections 42 through 46 or section 48 of this act, he shall order the payment of a penalty, to be collected by the …

17:33B-4. Liability under deferred payment plan Notwithstanding any provision of law to the contrary, no insured or other person covered under an association policy shall be held liable for payment of any claim attributable to damages subject to a deferred payment plan implemente…

17:33B-40. Dissemination of information; exemption or deferral under certain circumstances a. The Commissioner of Insurance, in regulations implementing the provisions of sections 41 through 47 of this act, shall also require that insurers take appropriate action to ensure that t…

17:33B-41 Cancellation for nonpayment of premium; suspension of registration. 50. a. Upon the termination of a policy of motor vehicle liability insurance by cancellation for nonpayment of premium pursuant to section 2 of P.L.1968, c.158 (C.17:29C-7), notice of that cancellation …

17:33B-42. Implementation of procedures or practices to control costs The Commissioner of Insurance may order insurers writing automobile insurance in this State to implement any procedure or practice that he deems necessary to more effectively control the cost of providing perso…

17:33B-43. Structured settlement If an insurer, the New Jersey Automobile Full Insurance Underwriting Association, the trustee appointed pursuant to section 21 of this 1990 amendatory and supplementary act, the Market Transition Facility created pursuant to section 88 of this act…

17:33B-44. Reduction in base rates for use of anti-theft or safety devices The Commissioner of Insurance is authorized to order reductions in the base rates of comprehensive, collision, physical damage, or any combination of these coverages, as appropriate, for private passenger …

17:33B-45. Approved motor vehicle defensive driving course a. An approved motor vehicle defensive driving course shall include that number of hours of classroom or field driving instruction, or both, as the Director of the Division of Motor Vehicles may by regulation prescribe. T…

17:33B-45.1. Rate reduction for automobile insurance after approved defensive driving course 1. a. Within 180 days of the effective date of this act, every rate filing for private passenger automobile insurance shall contain an appropriate reduction for personal injury protection…

17:33B-48. Storage expense not included No insurer or rating organization shall include any expense for storage of a private passenger automobile for more than 30 days into the base for determining private passenger automobile insurance rates used or to be used in this State. L.1…

17:33B-49. Annual surtax on premiums, terms defined, revenues credited to New Jersey Automobile Insurance Guaranty Fund a. In addition to the tax on net premiums paid pursuant to section 1 of P.L.1945, c.132 (C.54:18A-1), each taxpayer under that section shall pay to the Director…

17:33B-50. Adjustment of rate of surtax a. The Director of the Division of Taxation is hereby authorized to adjust the rate of the surtax imposed pursuant to section 76 of this 1990 amendatory and supplementary act, for any of the calendar years in which the surtax is imposed, as…

17:33B-51. Private passenger automobile insurance policyholders not to pay surtax The Commissioner of Insurance shall take such action as is necessary to ensure that private passenger automobile insurance policyholders shall not pay for the surtax imposed pursuant to section 76 o…

17:33B-52. Exemption, abatement, deferral of surtax imposed on insurer pursuant to C.17:33B-49 if insurer is in unsafe or unsound financial condition a. The commissioner shall, after hearing, notify the director to exempt, abate or defer, in whole or in part, the surtax imposed o…

17:33B-53. Exemption, abatement, deferral of surtax imposed on insurer pursuant to C.17:33B-49 if result will be financial condition of insurer becoming unsafe or unsound The commissioner may provide that the director exempt, abate or defer, in whole or in part, the surtax impose…

17:33B-54. Payment of exempted, abated, deferred surtax on insurer After the exemption, abatement or deferral of a surtax on an insurer pursuant to the provisions of section 98 or 99 of this 1990 amendatory and supplementary act, is revoked, the commissioner may order that the di…