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

17:22-6.70a Findings, declarations relative to surplus lines insurance. 1. The Legislature finds and declares: a. The "New Jersey Surplus Lines Insurance Guaranty Fund Act," P.L.1984, c.101 (C.17:22-6.70 et seq.), enacted 18 years ago in the face of an imminent threat of declarat…

17:22-6.71 Purpose, application of act. 2. The purpose of this act is to provide a mechanism for the payment of covered claims under certain insurance policies issued by eligible surplus lines insurers; to minimize excessive delays in the payment of the covered claims against ins…

17:22-6.72 Definitions relative to the Surplus Lines Insurance Guaranty Fund. 3. Affiliate" means a person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year …

17:22-6.73 Surplus Lines Insurance Guaranty Fund. 4. There is created a private, nonprofit, unincorporated, legal entity to be known as the New Jersey Surplus Lines Insurance Guaranty Fund. All surplus lines insurers shall be and remain member insurers of the fund as a condition …

17:22-6.74 Powers, duties and obligations of the Surplus Lines Insurance Guaranty Fund. 5. a. The fund shall: (1) Be obligated to the extent of the covered claims against an insolvent insurer incurred prior to or 30 days after the determination of insolvency, or before the policy…

17:22-6.75. Financial support; surcharges; loans a. In order to provide the monies necessary to meet the fund's obligations and expenses under this act: (1) Each member insurer, including a surplus lines insurer made eligible on or after the effective date of this act, shall make…

17:22-6.76. Suspension of eligibility of member insurer or license of surplus lines agent; interest on unpaid assessment or surcharge; reinstatement The commissioner may, after notice, suspend the eligibility of a member insurer or the license of a surplus lines agent that fails …

17:22-6.77 Declaration of insolvency, actions of commissioner. 8. a. An insolvent insurer shall forward to the commissioner and to the association a copy of the declaration of insolvency within three business days of the date of the determination of the insolvency. A surplus line…

17:22-6.78 Assignment of rights by person recovering. 9. a. Any person recovering under this act shall be deemed to have assigned his rights under the policy from which the claim arose to the fund to the extent of his recovery from the fund. Every policyholder or claimant seeking…

17:22-6.79 Recovery of covered claims, exhaustion of other sources. 10. a. Any person having a covered claim that may be recovered from more than one insurance guaranty association, or its equivalent, shall be required to exhaust first his rights under the statute governing the a…

17:22-6.80. Examination of insurers in financial condition hazardous to policyholders or public; request to domiciliary jurisdiction for examination and report In the event the commissioner has sufficient basis to believe that the financial condition of a member insurer is hazard…

17:22-6.81. Examination and regulation of fund; financial report The fund shall be subject to examination and regulation by the commissioner. The association, on behalf of the fund, shall submit, not later than March 31 of each year, a financial report for the preceding calendar …

17:22-6.82. Immunity from liability of persons acting under this law There shall be no liability on the part of, and no cause of action of any nature shall arise against any member insurer, the fund, the association or its board of directors, or agents or employees, or the commis…

17:22-6.83. Coverage under this act; notice on application and policy or certificate; advertisement A member insurer shall include on the application and on the face of the policy or certificate for insurance subject to this act, a notice stating that the insurer is not an admitt…

17:22-6.84 Proceedings involving insolvent insurer stayed; conditions. 7. All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this State shall, subject to full or partial waiver by the fund in specific cases involving covere…

17:22A-26. Short title 1. This act shall be known and may be cited as the "New Jersey Insurance Producer Licensing Act of 2001." L.2001,c.210,s.1.

17:22A-27 Purpose of act 2. This act governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes the statutory law to improve efficiency, permits the use of new technology and reduces costs associated with issuing and renewing i…

17:22A-28 Definitions relative to licensure of insurance producers 3. As used in this act: "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. "Commissioner" means the Commissioner of Ba…

17:22A-29. Licensure required 4. A person shall not sell, solicit or negotiate insurance in this State unless the person is licensed for that line of authority in accordance with this act. L.2001,c.210,s.4.

17:22A-30. Construction of act; license not required 5. a. Nothing in this act shall be construed to require an insurer to obtain an insurance producer license. In this section, the term "insurer" does not include an insurer's officers, directors, employees, subsidiaries or affil…

17:22A-31 Written examination, fee. 6. a. A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to section 10 of this act. The examination shall test the knowledge of the individual concerning the lines of authori…

17:22A-32 Application, approval. 7. a. An individual applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the statements made in …

17:22A-33. Issuance of resident insurance producer license 8. a. Unless denied licensure pursuant to section 15 of this act, persons who have met the requirements of sections 6 and 7 of this act shall be issued a resident insurance producer license. An insurance producer may rece…

17:22A-34. Nonresident insurance producer license 9. a. Unless denied licensure pursuant to section 15 of this act, a nonresident person shall receive a nonresident insurance producer license if: (1) The person is currently licensed as a resident insurance producer in good standi…

17:22A-35. Exemptions from prelicensing education, examination 10. a. An individual who applies for an insurance producer license in this State who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing educatio…

17:22A-36. Notification of assumed name 11. An insurance producer doing business under any name other than the producer's legal name shall notify the commissioner prior to using the assumed name. L.2001,c.210,s.11.

17:22A-37. Temporary license 12. a. The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the commissioner determines that the temporary license is necessary for the servicing of an insurance busi…

17:22A-38 Requirements for license granting surplus lines authority. 13. a. No license granting surplus lines authority shall be issued or renewed unless the applicant holds or will hold property and casualty authorities. b. No surplus lines producer shall charge any fee to an or…

17:22A-39. Insurance marketed through limited lines insurance producers 14. The commissioner shall establish, by rule or regulation, the line or lines of insurance that may be marketed through a limited lines insurance producer. L.2001,c.210,s.14.

17:22A-40 Causes for probation, suspension, revocation, refusal to issue or renew. 15. a. The commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer's license or may levy a civil penalty in accordance with subsection c. of section 2…

17:22A-41. Licensure required for receipt of commission 16. a. An insurer or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this State if that person is required…

17:22A-41.1 Notification by insurance producer to purchaser of compensation received by producer. 25. a. An insurance producer licensed pursuant to P.L.2001, c.210 (C.17:22A-26 et al.) who sells, solicits, or negotiates health insurance policies or contracts to residents of this …

17:22A-42. Appointment of agents 17. a. Any insurer authorized to transact business in this State may, by written contract, appoint as its agent, a person that holds a valid insurance producer license issued in accordance with the provisions of this act. The contract shall author…

17:22A-43. Immunity from civil liability 18. a. (1) In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer, the commissioner, or an organization of which the commissioner is a member and that compiles the information and m…

17:22A-44 Fees. 19. a. The commissioner shall, by regulation, set reasonable, necessary and appropriate fees to be charged for licensing insurance producers, filing agency appointments, filing limited insurance producer registrations, filing fictitious, trade or firm names, issui…

17:22A-45. Powers of commissioner 20. a. The commissioner shall have the power to conduct investigations, to administer oaths, to interrogate licensees and others, and to issue subpoenas to any licensee or any other person in connection with any investigation, hearing or other pr…

17:22A-46. Fees, requirements for nonresident insurance producers, reciprocity 21. a. The commissioner shall not assess a greater fee for an insurance producer license or related service to a person not residing in this State based solely on the fact that the person does not resi…

17:22A-47 Reports to commissioner. 22. a. An insurance producer shall report to the commissioner any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in this State within 30 days of the final disposition of the m…

17:22A-47.1 Temporary suspension for failure to report to commissioner; additional penalties. 3. a. Upon receipt of information that a producer has failed to report to the commissioner any administrative action, criminal prosecution or any disciplinary action taken against the pr…

17:22A-48. Rules, regulations 26. a. The commissioner may, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) promulgate rules and regulations necessary to effectuate the purposes of this act. b. The commissioner may provide for the orderl…

17:22A-49 Definitions relative to portable electronics insurance. As used in this act: "Commissioner" means the Commissioner of Banking and Insurance. "Consumer" means a person who purchases portable electronics or related services. "Department" means the Department of Banking an…

17:22A-50 License required to sell coverage. 2. a. A vendor shall not sell, or offer to sell, coverage under a policy of portable electronics insurance unless licensed as a limited lines insurance producer pursuant to the provisions of the "New Jersey Insurance Producer Licensing…

17:22A-51 Vendor may offer insurance to consumers. 3. The employees and authorized representatives of a vendor holding a limited lines insurance producer license may sell or offer to sell portable electronics insurance to consumers as permitted by section 2 of this act and shall …

17:22A-52 Application for limited lines insurance producer; renewal, fee. 4. Notwithstanding the provisions of the "New Jersey Insurance Producer Licensing Act of 2001," P.L.2001, c.210 (C.17:22A-26 et seq.): a. A sworn application for a limited lines insurance producer license u…

17:22A-53 Insurance offered on periodic basis; eligibility, underwriting standards. 5. a. Portable electronics insurance may be offered on a month to month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for …

17:22A-54 Availability of information to consumers. 6. At every location at which portable electronics insurance is offered to consumers, the limited lines insurance producer licensed to sell that insurance shall make available to prospective consumers brochures or other written …