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

17:36-14. Definitions For the purposes of this act: a. "Authorized agency" means any law enforcement agency or agency or instrumentality of this State, county or municipality or of the Federal Government which is charged with the responsibility of investigating fires; b. "Relevan…

17:36-15. Release to and cooperation with authorized agency by insurer An authorized agency may request in writing that an insurer release to it any information which is relevant to a loss by fire of real or personal property which is under investigation by the agency. The insure…

17:36-16. Belief by insurer fire loss due to other than accidental cause; notice and provision of material to county prosecutor; disposition When an insurer has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, the insurer shall…

17:36-17. Immunity from liability of insurer An insurer, or a person acting on its behalf shall not be held liable in any civil proceeding for any statement made or action required by this act where actual malice on the part of the insurer or its representative is not present. L.…

17:36-18. Disclosure of acquired information by authorized agency a. Any authorized agency which has obtained information from any insurer pursuant to this act may disclose such information to any authorized agency of this or another state, or of the United States to the extent t…

17:36-19. Right of insurer to receive information from authorized agency with respect to civil action Any insurance company providing information to an authorized agency or agencies pursuant to this act shall, with respect to a civil action, have the right to request relevant inf…

17:36-2. Creation; application of; maintenance Any fire insurance company of this state having a net surplus of more than the amount of its capital stock may, by resolution of its board of directors and with the consent of the commissioner, set aside a part or the whole of its ne…

17:36-20. Testimony in litigation by authorized agency or its personnel Any authorized agency or its personnel may be required to testify in any litigation in which the insurer at interest is named as a party. L.1981, c. 45, s. 7, eff. Feb. 19, 1981.

17:36-21. Violations; penalty; collection A person who knowingly: a. Refuses to release information, b. Fails to notify the county prosecutor of a fire loss of which there is reason to believe that it was caused by other than accidental means, or c. Fails to hold information in c…

17:36-5.15. Required statements in policy; copy to be filed with commissioner No policy or contract of fire insurance on any property in this State, except fire insurance on risks subject to the "Commercial Insurance Deregulation Act of 1982," P.L. 1982, c. 114 (C. 17:29AA-1 et s…

17:36-5.16. Binders Binders or other contracts for temporary insurance may be made orally for a period which shall not exceed ten days or in writing for a period which shall not exceed 60 days and shall be deemed to include all the terms and conditions of a fire insurance policy …

17:36-5.17. Combination form of fire policy; required provisions Two or more insurers authorized to do in this State the business of fire insurance may, with the approval of the Commissioner of Banking and Insurance, issue a combination form of fire insurance policy which shall c…

17:36-5.18. Space for listing certain items; other data; signatures Every such fire insurance policy shall, in addition to the terms and conditions required by this act, provide space for listing the amounts or limits of insurance; the rates and the premiums for the coverage prov…

17:36-5.19. Insured; perils insured against; amount of insurance; assignment, provision as to Every such fire insurance policy shall insure, limited to the amounts of insurance specified therein, the named insured and legal representatives, to the extent of the actual cash value …

17:36-5.20. Standard provisions Every such fire insurance policy shall contain certain standard provisions which shall be in the words and in the order hereinafter set forth: PLEASE PHOTOCOPY TEXT FROM PAMPHLET LAWS Provided, however, that the commissioner may approve for use wit…

17:36-5.20a. Cancellation, non-renewal of homeowners insurance prohibited under certain circumstances 1. No insurer authorized to do business in this State shall cancel or non-renew an insurance policy covering an owner occupied one-to-four family dwelling solely because of claim…

17:36-5.20b Certain commercial lines insurance risks, exclusion from requirements of standard fire policy. 1. a. A fire insurance policy for commercial lines insurance risks which produce minimum annual premiums in excess of $10,000 shall be excluded from the requirements of sect…

17:36-5.21. Other insurances; combination policies; premium, allocation of portion to fire insurance Every such policy of fire insurance may, subject to the provisions of section 1 hereof as to filing with and possible disapproval by the Commissioner of Banking and Insurance, inc…

17:36-5.22. Endorsements; supplemental contracts; contracts; disapproval by commissioner Appropriate forms of contracts, or supplemental contracts, or extended coverage endorsements that will provide insurance in case of loss, damage or liability occasioned by any accident, incid…

17:36-5.23. Disapproval and other orders to be in writing Whenever the Commissioner of Banking and Insurance shall make any disapproval or any other order affecting any insurer, insurance agent, insurance broker or other person or persons subject to this act, such disapproval or …

17:36-5.24. Violation of regulation or order Any insurer, insurance agent, insurance broker or other person or persons doing in this State the business of fire insurance which shall violate any regulation or order of the Commissioner of Banking and Insurance or attach to, or othe…

17:36-5.25. Provisions of act inapplicable to reinsurance and certain kinds of insurance The provisions of this act shall not apply to any policy or contract of reinsurance between insurers; nor shall the provisions of this act apply to policies of marine, inland marine, motor ve…

17:36-5.26. Repeal "An act prescribing a standard form of fire insurance policy, endorsements and supplemental contracts, and repealing sections 17:36-3, 17:36-4, 17:36-5 and 17:36-7 of the Revised Statutes," approved April 20, 1944 (P.L.1944, c. 171), is repealed but the repeal …

17:36-5.27. Partial invalidity The invalidity of any part or section of this act shall not affect the validity of the remaining parts or sections. L.1954, c. 268, p. 994, s. 13.

17:36-5.28. Authority to exclude loss or damage caused by nuclear reaction or radiation or radioactive contamination Insurers issuing a fire insurance policy or any permissible variation thereof, pursuant to the act to which this act is a supplement are authorized to affix theret…

17:36-5.29. Domestic servants or household employees; coverage Every homeowners' policy or other policy providing comprehensive personal liability insurance delivered, issued for delivery, or renewed in this State on or after the effective date of this act shall afford coverage a…

17:36-5.30. Insurers deemed admitted to transact workers' compensation insurance Notwithstanding R.S. 17:17-7, every insurer who is admitted to transact liability insurance under R.S. 17:17-1 is also deemed to be admitted to transact workers' compensation insurance for the purpos…

17:36-5.31. Information provided to policyholders by every fire, casualty insurer 1. Every fire and casualty insurer, including the New Jersey Insurance Underwriting Association created pursuant to P.L.1968, c.129 (C.17:37A-1 et seq.), shall provide its policyholders of homeowner…

17:36-5.32. Penalties 3. If the commissioner determines that an insurer has committed or performed, with such frequency as to indicate a general business practice, violations of any provisions of this act, the commissioner may impose a civil penalty in an amount up to $2,500 for …

17:36-5.33 Definitions relative to homeowners insurance deductibles and premium rates. 1. For purposes of this act: "Commissioner" means the Commissioner of Banking and Insurance. "Homeowners insurance" means personal lines insurance provided against loss to real and personal pro…

17:36-5.34 Uniform policy language concerning hurricane deductible. 2. The commissioner shall establish by regulation uniform policy language regarding the applicability of hurricane deductibles and the form of notice to be provided to an insured under a homeowners insurance poli…

17:36-5.35 Expedited rate filing procedure, certain. 3. a. A filer may use an expedited rate filing procedure to file for a proposed alteration to its homeowners insurance rating system when the filer requests an increase of no more than five percent in its Statewide rate for hom…

17:36-5.36 Customer information brochure for homeowners insurance consumers. 4. a. No homeowners insurance policy shall be issued, delivered or renewed in this State on or after the 90th day following the effective date of this act unless the policy is accompanied by a consumer i…

17:36-5.37 Regulations. 5. The commissioner shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act. L.2001,c.409,s.5.

17:36-5.38 Earthquake damage endorsement, availability through homeowners' insurance policy. 1. Every insurer that is authorized to transact the business of homeowners' insurance in this State and that offers coverage for earthquake damage by endorsement to those homeowners' insu…

17:36-5.39 Earthquake damage endorsement, availability through commercial fire, extended coverage insurance policy. 2. Every insurer that is authorized to transact the business of commercial fire and extended coverage insurance in this State and that offers coverage for earthquak…

17:36-5.40 Immunity from liability for informing insureds of endorsement. 3. Notwithstanding any other provision of law to the contrary, no person, including, but not limited to, an insurer and an insurance producer, as defined in section 3 of P.L.2001, c.210 (C.17:22A-28), shall…

17:36-5.41 Provision of notice to applicants, insureds. 4. a. Every insurer, subject to the provisions of sections 1 and 2 of this act, shall provide a notice, prepared by the commissioner pursuant to subsection b. of this section, to applicants and insureds with the offer requir…

17:36-6. Furnishing proofs of loss The failure of any person, insured against loss or damage by fire in any insurance company doing business under the authority of the department, to furnish proofs of loss shall not be considered a waiver of any rights accruing under the policy o…

17:36-8. Official certificate of search required No insurer issuing fire insurance policies in this State shall pay any claims for fire damages in excess of $2,500.00 on any real property located within a municipality having adopted an ordinance pursuant to section 2 of this act,…

17:36-9. Municipal ordinances authorized Any municipality may, by ordinance, prohibit the payment to a claimant by any insurance company of any claim in excess of $2,500.00 for fire damages on any real property located within the municipality, pursuant to any fire insurance polic…