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

17:29A-16. False information forbidden No insurer, and no officer, agent, or employee thereof, shall give false or misleading information to any rating organization of which it is a member or subscriber, or to the commissioner, which will in any manner affect the proper determina…

17:29A-17. Violations Any insurer which violates any provision of this act, or which fails to comply with the terms of any order made by the commissioner pursuant to the provisions of this act, shall be deemed to have violated the law within the meaning of section one of chapter …

17:29A-18. Suspension of license; procedure Any rating organization which violates any provision of this act shall be subject to suspension of its license. Failure of a rating organization to comply with the provisions of any order of the commissioner within the time limited by s…

17:29A-19. Contributions to suspended organizations prohibited No insurer shall contribute to the financial support of any rating organization with knowledge that its license has been suspended and not reinstated. L.1944, c. 27, p. 79, s. 19.

17:29A-2. License required; application; fee No rating organization shall do business in this State until it shall have been licensed to do so by the commissioner. Application for such license shall be made on such forms as the commissioner shall prepare for that purpose. Upon ap…

17:29A-20. Suspended organizations not to do business No rating organization shall conduct the business of rate-making during the period that its license has been suspended. The provisions of this section shall apply also to the officers, partners, or managers in charge of the bu…

17:29A-21. Doing business without license a misdemeanor Any person, corporation, partnership or association which conducts the business of rate-making in this State for two or more insurers without having obtained a license therefor pursuant to the provisions of this act, shall b…

17:29A-22. Penalties Any person, partnership, association, corporation, insurer, or rating organization who or which shall willfully violate the provisions of this act shall be liable to a penalty in the sum of five hundred dollars ($500.00) for each such violation, to be sued fo…

17:29A-23. Commissioner, power to assess penalties; procedure In lieu of the penalty provided for in section twenty-two of this act but in addition to any other penalty or forfeiture provided by this act, or otherwise provided by law, the commissioner may, if he finds that any pe…

17:29A-24. Review; stay Any order made by the commissioner pursuant to the provisions of this act shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. Upon the institution of the proceeding, the court may, in the following cases, stay the …

17:29A-25. Exceptions to application of act; investigations as to classes of risks exempted The provisions of this act shall not apply to any policy or contract of reinsurance, other than joint reinsurance to the extent stated in section two of this amendatory act; any policy of …

17:29A-26. Deputies Wherever, under the provisions of this act, the commissioner is authorized or required to do any act, he may designate a deputy commissioner, or any salaried employee of the Department of Banking and Insurance to act in his place and stead, who shall report to…

17:29A-27. Repeals Sections 17:29-1, 17:29-2, 17:29-3, 17:29-4, 17:29-5, 17:29-6, 17:29-8, 17:29-9 of the Revised Statutes and all other acts or parts of acts inconsistent with the provisions of this act are hereby repealed. L.1944, c. 27, p. 83, s. 27.

17:29A-28. Partial invalidity of act The invalidity of any part or section of this act shall not affect the validity of the remaining parts or sections. L.1944, c. 27, p. 83, s. 28.

17:29A-29. Advisory organizations; requirements; unfair practices (a) Every group, association or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings or rating organizations, in rate making, by the coll…

17:29A-3. Insurers may be members of rating organizations Every rating organization shall make reasonable provision in its bylaws, rules, constitution, or otherwise, to permit any insurer engaged in the kind of insurance for which rate-making is done by such rating organization, …

17:29A-30. Joint reinsurance; joint underwriting; laws governing; organization deemed insurer; unfair practices (a) Every group, association or other organization of insurers which engages in joint reinsurance or joint underwriting shall be subject to regulation with respect ther…

17:29A-31. Examination of group engaged in joint reinsurance or joint underwriting The commissioner may, whenever he deems it expedient, but at least once in every five years, make or cause to be made an examination of the business, affairs, and method of operation of each group,…

17:29A-32. Application of act This act applies to the kinds of insurance and to the insurers subject to "An act concerning insurance, regulating the making and applying of insurance rates, and providing for the licensing of rating organizations, and repealing sections 17:29-1, 17…

17:29A-33. Short title Sections 1 to 12 of this act shall be known and may be cited as the "New Jersey Automobile Insurance Reform Act of 1982." L.1983, c. 65, s. 1, eff. Jan. 1, 1983, operative Jan. 1, 1984.

17:29A-34 Intent and purpose of act. 2. It is the intent and purpose of this act: a. To require each insurer to apply on a flat and uniform fee basis per insured automobile Statewide its miscellaneous taxes, licenses, fees and at least 90% of its general expenses and acquisition,…

17:29A-35 Motor Vehicle Violations Surcharge System. 6. a. (Deleted by amendment, P.L.1997, c.151.) b. There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall include, but not be limited to, the following provisions: (1) (a) Surchar…

17:29A-35.1 Surcharge debts of driver extinguished upon death. 1. Notwithstanding the provisions or any law, rule or regulation to the contrary, upon the death of a driver on whom surcharges have been levied by the New Jersey Motor Vehicle Commission pursuant to section 6 of P.L.…

17:29A-35.2 Outstanding obligations continued; new debts not issued. 4. a. Notwithstanding the provisions of any other law to the contrary, all debts, including bonds, notes, and other obligations and the costs thereof, which remain outstanding as of the effective date of P.L.201…

17:29A-36 Contents of filing for automotive insurance rate making. 7. a. Any filing made for the purpose of automobile insurance rate making shall indicate the actual rate needs of the filer; provided, however, that (a) each filer's rate classification definitions, as used by tha…

17:29A-36.1. Seat belt usage study The Commissioner of Insurance shall, within 365 days from the effective date of this act, study and determine the impact of P.L. 1984, c. 179 (C. 39:3-76.2e et seq.), on the loss experience for personal injury protection and bodily injury liabil…

17:29A-36.2. Regulations a. Within 180 days of the effective date of this section, the commissioner shall promulgate regulations providing the following with regard to private passenger automobile insurance: (1) Rate filing data and information specifications in a standard format…

17:29A-36.3. Rules, regulations The Commissioner of Insurance may promulgate any rules and regulations which he deems necessary to effectuate the provisions of this 1988 amendatory and supplementary act. L. 1988, c. 119, s. 45.

17:29A-37. Taxes, licenses, fees and expenses; application on a flat and uniform fee basis per insured automobile statewide; regulation regarding calculation and collection of taxes a. Every filer making automobile rates in this State shall apply on a flat and uniform fee basis p…

17:29A-37.1. Flat charges a. All flat charges (also referred to as flat capitation fees or policy constants, but not including premiums for uninsured motorist or towing coverage, or flattened tax and expense fees implemented pursuant to section 8 of P.L.1983, c.65 (C.17:29A-37)),…

17:29A-38. Reduction of rates; operators 65 years of age or older Within 60 days following the effective date of this act, every filer shall reduce by at least 5% the rates of all principal operators 65 years of age or older from the rates in effect as of the effective date of th…

17:29A-39 Deductibles. 10. a. Unless the named insured selects a lower deductible amount, every private passenger automobile insurance policy providing collision and comprehensive coverages, issued or renewed on or after the effective date of this act, shall provide a deductible …

17:29A-4. Rates; establishment; considerations Every rating organization, and every insurer which makes its own rates, shall make rates that are not unreasonably high or inadequate for the safety and soundness of the insurer, and which do not unfairly discriminate between risks i…

17:29A-40. Inexperienced operator classification; producer commission No producer commission shall be paid on the additional premium generated by an inexperienced operator classification. L.1983, c. 65, s. 11, eff. Jan. 1, 1983, operative Jan. 1, 1984.

17:29A-41. Joint legislative committee; monitoring and evaluation The Banking and Insurance Committee of the General Assembly, and the Labor, Industry and Professions Committee of the Senate, or their respective successors, are constituted as a joint committee for the purposes of…

17:29A-46.1. Rating plans for auto insurance 14. a. Every insurer transacting or proposing to transact private passenger automobile insurance may file one or more rating plans in the voluntary market. Every insurer writing private passenger automobile insurance in this State whic…

17:29A-46.2 Underwriting rules; factors. 15. a. Insurers shall put in writing all underwriting rules applicable to each rate level utilized pursuant to section 14 of P.L.1997, c.151 (C.17:29A-46.1). An insurer may take into account factors, including, but not limited to, driving …

17:29A-46.3. Limitation of surcharges for motor vehicle points 16. Except for a plan established pursuant to section 1 of P.L.1970, c.215 (C.17:29D-1), and except as otherwise provided in section 17 of this amendatory and supplementary act, no insurer shall charge or collect surc…

17:29A-46.4. Initial rate filing 17. Any initial rate filing made on or after the effective date of this section pursuant to the provisions of section 14 of this amendatory and supplementary act shall be revenue neutral by coverage based upon the insurer's current coverages and b…

17:29A-46.5. Rules, regulations 18. To provide for an orderly transition with minimum disruption to the private passenger automobile insurance market, the Commissioner of Banking and Insurance shall establish rules and regulations and administrative processes that are reasonable,…

17:29A-46.6 Proposed alteration to rating system, expedited. 34. a. Notwithstanding section 14 of P.L.1944, c.27 (C.17:29A-14), an insurer, affiliated group of insurers or rating organization may elect to file a proposed alteration to its rating system pursuant to the expedited p…

17:29A-46.7. Regulations, administrative processes 37. The Commissioner of Banking and Insurance may promulgate regulations and other administrative processes necessary to effectuate the purposes of this amendatory and supplementary act, including, but not limited to, procedures …

17:29A-46.8 Definitions; standards for interventions in rate filings; offenses. 66. a. For the purposes of this section: "Qualified person" means a person qualified by the Commissioner of Banking and Insurance to intervene in public hearings pursuant to this section, who shall be…

17:29A-48 Establishment of new territorial rating plans. 26. Every insurer writing private passenger automobile insurance in this State and every rating organization establishing territorial rating plans on behalf of its member companies shall establish new territorial rating pla…

17:29A-49 Filing of territorial rating plan. 27. a. An insurer or rate filer shall file its territorial rating plan with the commissioner for the commissioner's approval. The commissioner shall approve the plan if he finds that the plan complies with the provisions of section 26 …

17:29A-5. Statistical plans; rules and regulations; reports of experience; statistical agent The commissioner shall promulgate rules and regulations as to statistical plans, reasonably adapted to each of the rating systems on file with him, which may be modified from time to time…