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

17:23-49 Effective date. 12. The requirements of this act shall become effective immediately upon enactment. The first filing of the disclosure shall be in 2020. L.2019, c.350, s.12.

17:23-8. Short title This act shall be known and may be cited as the "Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting--Immunity Act." L.1983, c. 214, s. 1, eff. June 15, 1983.

17:23-9. Definitions As used in this act: a. "Authorized governmental agency" means the Department of Insurance, any law enforcement agency, or any agency or instrumentality of the State, county or municipality or of the Federal Government which is charged with the responsibility…

17:23A-1. Insurers, persons covered by act The obligations imposed by this act shall apply to those insurance institutions, agents or insurance-support organizations which, on or after the effective date of this act: (1) In the case of life, health or disability insurance: (a) Co…

17:23A-10. Reasons for adverse underwriting decisions Reasons for adverse underwriting decisions. a. In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) Either provide the applicant, policyholder or individua…

17:23A-11. Information concerning previous adverse underwriting decisions Information concerning previous adverse underwriting decisions. No insurance institution, agent or insurance-support organization may seek information in connection with an insurance transaction concerning:…

17:23A-12. Previous adverse underwriting decisions Previous adverse underwriting decisions. No insurance institution or agent may base an adverse underwriting decision in whole or in part: a. On the fact of a previous adverse underwriting decision or on the fact that an individua…

17:23A-13. Disclosure limitations and conditions Disclosure limitations and conditions. An insurance institution, agent or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insu…

17:23A-13.1 Notification of test results by insurer to applicants; "reportable communicable disease" defined. 1. An insurer who requires an applicant for insurance to submit to medical testing as a condition of issuing, extending or renewing the insurance shall obtain the applica…

17:23A-13.2 Regulations. 2. The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health, shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) which establish procedures that insurers shall use …

17:23A-13.3 Disclosure of information relative to victim of domestic violence prohibited; exceptions. 3. An insurer or insurance producer shall not disclose any personal or privileged information collected or received in connection with an insurance transaction regarding an indiv…

17:23A-14. Power of commissioner Power of commissioner. a. The commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this State to determine whether the insurance institution or agent has been or is eng…

17:23A-15. Hearings, witnesses, appearances, production of books and service of process Hearings, witnesses, appearances, production of books and service of process. a. Whenever the commissioner has reason to believe that an insurance institution, agent or insurance-support organ…

17:23A-16. Service of process--insurance-support organizations Service of process--insurance-support organizations. For the purpose of this act, an insurance-support organization transacting business outside this State which has an effect on a person residing in this State shall …

17:23A-17. Cease and desist orders and reports Cease and desist orders and reports. a. If, after a hearing pursuant to section 15, the commissioner determines that the insurance institution, agent or insurance-support organization charged has engaged in conduct or practices in vi…

17:23A-18. Penalties Penalties. a. In any case where a hearing pursuant to section 15 results in the finding of a knowing violation of this act, the commissioner may, in addition to the issuance of a cease and desist order as prescribed in section 17, order payment of a monetary …

17:23A-19. Judicial review of orders and reports Judicial review of orders and reports. a. Any person subject to an order of the commissioner under section 17 or section 18 or any person whose rights under this act were allegedly violated may obtain a review of any order or repor…

17:23A-2. Definitions Definitions. As used in this act: a. "Adverse underwriting decision" means: (1) Any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten for an individual: (a) A declination of insura…

17:23A-20. Individual remedies Individual remedies. a. If any insurance institution, agent or insurance-support organization fails to comply with section 8, 9 or 10 of this act with respect to the rights granted under those sections, any person whose rights are violated may apply…

17:23A-21. Immunity Immunity. No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with this act, nor shall such a cause of action arise against any person …

17:23A-22. Obtaining information under false pretenses Obtaining information under false pretenses. Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent or insurance-support organization under false pretenses is guilt…

17:23A-3. Pretext interviews Pretext interviews. No insurance institution, agent or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; except that a pretext interview may be undert…

17:23A-4. Notice of insurance information practices Notice of insurance information practices. a. An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as follows: (1) In the …

17:23A-5. Marketing and research surveys Marketing and research surveys. An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction…

17:23A-6. Content of disclosure authorization forms Content of disclosure authorization forms. Notwithstanding any other provision of law in this State, no insurance institution, agent or insurance-support organization shall utilize as its disclosure authorization form in connect…

17:23A-7. Investigative consumer reports Investigative consumer reports. a. No insurance institution, agent or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an appli…

17:23A-8. Access to recorded personal information Access to recorded personal information. a. If any individual, after proper identification, submits a written request to an insurance institution, agent or insurance-support organization for access to recorded personal information…

17:23A-9. Correction, amendment or deletion of recorded personal information Correction, amendment or deletion of recorded personal information. a. Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded pe…

17:23B-1. Definitions 1. For purposes of this act: "Commissioner" means the Commissioner of Insurance. "Department" means the Department of Insurance. "Insurer" means: a. A corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefi…

17:23B-2. Filing of information with NAIC 2. a. Every insurer authorized to do business in this State shall annually, on or before March 1 of each year, file with the NAIC a copy of its annual statement of financial condition, along with such additional filings, as prescribed by …

17:23B-3. Immunity from civil liability 3. Members of the NAIC, their duly authorized committees, subcommittees, and task forces, their delegates, NAIC employees, and all others charged with the responsibility of collecting, reviewing, analyzing and disseminating the information …

17:23B-4. Confidentiality 4. All financial analysis ratios and examination synopses concerning insurers that are submitted to the department by the NAIC Insurance Regulatory Information System are confidential and may not be disclosed by the department. L.1993,c.238,s.4.

17:23B-5. Violations; penalties 5. a. The commissioner may suspend, revoke or refuse to renew the certificate of authority of any insurer or other entity that fails to file information with the NAIC as required by this act when due or within any extension of time which the commis…

17:23C-1. Findings, declarations relative to compliance review of insurance carriers 1. a. The Legislature finds and declares that it is in the public interest for insurance carriers in this State to conduct voluntary internal reviews and audits of their operations, practices and…

17:23C-10. Circumvention prohibited 10. No regulatory agency shall adopt a rule for the purpose of circumventing the privilege established in this act by requiring disclosure of a voluntary compliance review report. L.1999,c.183,s.10.

17:23C-11. Continuing privilege of disclosed information 11. a. If an insurance carrier timely discloses information it obtained from a voluntary compliance review to the department or to another appropriate regulatory agency, that information and the voluntary compliance review …

17:23C-12. Construction of act relative to third party access 12. Nothing in this act shall be construed to permit any third party access to any voluntary compliance review report subject to the provisions of this act. For the purpose of this section, "third party" means a person…

17:23C-13. Production of documents not a waiver of privilege; penalty 13. a. The department may require production of any document from an insurance carrier through timely disclosure or pursuant to compulsion of law, for its review. This production shall not constitute a waiver o…

17:23C-2. Definitions relative to compliance reviews of insurance carriers 2. As used in this act: "Department" means the Department of Banking and Insurance. "Enforcement action" means a criminal investigation or prosecution, or an administrative proceeding, civil action or orde…

17:23C-3. Voluntary compliance review report privileged 3. A voluntary compliance review report shall be privileged and neither it nor its existence shall be discoverable or admissible as evidence in any legal action or administrative proceeding of any nature involving the insura…

17:23C-4. Privilege regarding preparation of report 4. Persons involved in the preparation of a voluntary compliance review report shall not be required to give answers to any questions or provide testimony regarding the existence, contents or conclusions of any voluntary complia…

17:23C-5. Limited disclosure, circumstances 5. a. The provisions of sections 3 and 4 of this act shall not apply if: (1) an enforcement action is taken, that enforcement action is contested, and an administrative law judge or a court of competent jurisdiction determines that a vo…

17:23C-6. Reports placed under seal at conclusion of enforcement action 6. At the conclusion of an enforcement action in which a court or administrative law judge determines that an insurance carrier has committed no statutory or regulatory violation, all voluntary compliance rev…

17:23C-7. Materials not considered privileged 7. The following materials described in this section shall not become privileged pursuant to the provisions of sections 3 and 4 of this act because they are utilized or incorporated in a voluntary compliance review report: (1) documen…

17:23C-8. Inadmissibility of privileged information 8. No person shall use any information privileged pursuant to this act to discover any other information and any information so discovered shall be inadmissible in any action or proceeding. If an administrative law judge or a co…

17:23C-9. Privileges unaffected 9. Nothing in this act shall limit, waive or abrogate the scope or nature of any statutory or common law privilege, including, without limitation, the work product doctrine and the attorney-client privilege. L.1999,c.183,s.9.