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

17:29C-8. Time for notice No notice of cancellation of a policy to which section 2 applies shall be effective unless mailed or delivered by the insurer to the named insured at least 20 days prior to the effective date of cancellation; provided, however, that where cancellation is…

17:29C-9 Intention not to renew, notice required. 4. No insurer shall fail to renew a policy unless it shall mail or deliver to the named insured, at the address shown in the policy, at least 60 days' advance notice of its intention not to renew, except that the commissioner may …

17:29D-1 Rules, regulations for insurance plans; administration; requirements for automobile plan. 1. The Commissioner of Banking and Insurance may adopt, issue and promulgate rules and regulations establishing a plan for the providing and apportionment of insurance coverage for …

17:29E-1 Definitions relative to the Insurance Claims Ombudsman. 47. For the purposes of sections 48 through 61 of this amendatory and supplementary act: "Commissioner" means the Commissioner of Banking and Insurance; "Claim" means any claim filed under a policy of insurance issu…

17:29E-10 Form for filing complaints; recommendation of ombudsman. 56. Complaints shall be filed on a form set forth by the ombudsman. The office of the ombudsman shall acknowledge the receipt of complaints, and advise the applicants of any action taken or opinions and recommenda…

17:29E-11 Publicizing of information pertaining to ombudsman. 57. Every buyer's guide which is required to be provided to insureds for any line of insurance shall contain a notice describing the functions of the ombudsman, the mailing address of the ombudsman, and a toll-free inf…

17:29E-12 Confidentiality of information; privilege. 58. a. Any correspondence or written communication from any complainant and any written material submitted by an insurer shall remain confidential and shall not be part of any public record, unless the parties authorize, in wri…

17:29E-13 Notification of disposition of claim; admissibility. 59. Upon making his determination as to the appropriate disposition of a claim, the ombudsman shall notify the insurer and the claimant of his decision. The decision shall be admissible in any court action or any othe…

17:29E-14 Violations, penalties. 60. Any person who willfully hinders the lawful actions of the ombudsman or willfully refuses to comply with his lawful demands, including the demand for the inspection of records, shall be subject to a penalty of not more than $5,000. The penalty…

17:29E-15 Annual report to Governor, Legislature. 61. The ombudsman shall report to the Governor and the Legislature on or before September 30 of each year, summarizing his activities for the preceding year, documenting any significant insurance industry problems with regard to c…

17:29E-2 Office of the Insurance Claims Ombudsman. 48. There is created within the Department of Banking and Insurance the Office of the Insurance Claims Ombudsman. The ombudsman shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the p…

17:29E-3 Duties of ombudsman. 49. The ombudsman shall: a. Administer and organize the work of the office and hire such persons as shall be deemed necessary to effectuate his duties, subject to Title 11A (Civil Service) of the New Jersey Statutes, and within the limits of funds ma…

17:29E-4 Application for review of claims settlement; exemptions. 50. Any person who: a. has reasonable cause to believe that an insurer has failed or refuses to settle a claim in accordance with the provisions of the insurance contract or engaged in any practice in violation of …

17:29E-5 Powers of ombudsman involving disputed claim. 51. In any investigation involving a disputed claim, the ombudsman may: a. Investigate whether the claims settlement was appropriate and in accordance with the contract; b. Make the necessary inquiries and obtain such informa…

17:29E-6 Refusal of ombudsman to investigate complaint; grounds. 52. The ombudsman need not investigate any complaint if he determines that: a. The complaint is trivial, frivolous, vexatious or not made in good faith; b. The complaint has been too long delayed to justify present …

17:29E-7 Maintenance of central registry of claims investigations; reports. 53. The ombudsman shall maintain a central registry of all claims investigations which have been disposed of and closed, the nature of the investigation, findings, and recommended actions. No information …

17:29E-8 Powers relative to trade, marketing practices. 54. With respect to trade or marketing practices, the ombudsman may: a. Conduct an investigation regarding an insurer's trade practices, including claims settlement practices and marketing practices; b. Make the necessary in…

17:29E-9 Insurer to establish internal appeals procedure. 55. Every insurer writing property and casualty insurance or life insurance in this State shall establish an internal appeals procedure for the review of disputed claims, in accordance with terms set forth by the commissio…

17:30A-1. Short title This act shall be known and may be cited as the "New Jersey Property-Liability Insurance Guaranty Association Act." L.1974, c. 17, s. 1, eff. April 11, 1974.

17:30A-10 Insolvent insurers; notices; revocation or suspension of certificate or authority. 10. a. The commissioner shall: (1) Notify the association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvenc…

17:30A-11 Subrogation; cooperation of claimant; settlement of claims; filing statements of claims paid; access to records. 11. a. Any person recovering under this act shall be deemed to have assigned his rights under the policy to the association to the extent of his recovery fro…

17:30A-12 Recovery of covered claims, exhaustion of other sources. 12. a. Any person having a covered claim which 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 ass…

17:30A-13. Examination of insurers possibly in financial condition hazardous to public; reports and recommendations on insolvency of insurers a. The commissioner shall examine any member insurer who the commissioner has reasonable cause to believe may be insolvent or in a financi…

17:30A-14. Examination and regulation by commissioner; financial report The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 31 of each year, a financial report for the preceding calendar yea…

17:30A-15. Exemption from fees and taxes The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions except taxes levied on real or personal property. L.1974, c. 17, s. 15, eff. April 11, 1974.

17:30A-16 Surcharges. 16. a. The commissioner shall adopt rules permitting member insurers to recoup over a reasonable length of time, a sum reasonably calculated to recoup assessments paid by the member insurer pursuant to paragraph (3) of subsection a. of section 8 of P.L.1974,…

17:30A-17. 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 association or its agents or employees, the board of directors, or the commissioner or h…

17:30A-18 Stay of actions or set aside of judgments against insolvent insurers, certain. 18. 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 association in speci…

17:30A-19. Termination of association as to kind of insurance with statutory or voluntary plan a. The commissioner shall by order terminate the operation of the association as to any kind of insurance covered by this act with respect to which he has found, after hearing, that the…

17:30A-2 Payment of covered claims. 2. a. The purpose of this act is to provide a mechanism for the payment of covered claims under certain insurance policies, to avoid excessive delay in payment, to minimize financial loss to claimants or policyholders because of the insolvency …

17:30A-2.1 Findings, declarations relative to automobile insurance and consolidation of operations. 1. With respect to sections 2 through 34 of this act, the Legislature finds and declares that: a. The Unsatisfied Claim and Judgment Fund, created pursuant to P.L.1952, c.174 (C.39…

17:30A-2.2 Findings, declarations relative to transfer, consolidation of "the workers' compensation security fund." 7. The Legislature finds and declares that: a. It is in the public interest to authorize the transfer and consolidation of compatible operations of "the workers' co…

17:30A-20. Prohibition of advertisement using association for purpose of sales or solicitation No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made,…

17:30A-3. Severability If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and f…

17:30A-4. Construction of act; inconsistent laws a. This act shall be liberally construed to effect the purpose under section 2 which shall constitute an aid and guide to interpretation. b. All laws and parts of laws of this State inconsistent with this act are hereby deemed supe…

17:30A-5 Definitions relative to the Property-Liability Insurance Guaranty Association. 5. As used in this act: "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 ins…

17:30A-6 New Jersey Property-Liability Insurance Guaranty Association. 6. There is created a private, nonprofit, unincorporated, legal entity to be known as the New Jersey Property-Liability Insurance Guaranty Association. All insurers defined as member insurers in section 5 shal…

17:30A-6.1 Transfer of functions, powers, duties to PLIGA. 6. a. Notwithstanding the provisions of any other law to the contrary, all of the functions, powers and duties of the New Jersey Automobile Full Insurance Underwriting Association, created pursuant to P.L.1983, c.65 (C.17…

17:30A-7. Board of directors a. The board of directors of the association shall consist of not less than five nor more than nine members serving terms as established in the plan of operation hereinafter described. One member of the board shall be appointed by the commissioner fro…

17:30A-8 Association's obligations, powers and duties. 8. a. The association shall: (1) Be obligated to the extent of the covered claims against an insolvent insurer incurred prior to or 90 days after the determination of insolvency, or before the policy expiration date if less t…

17:30A-9 Plan of operation. 9. a. (1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments th…

17:30B-1. Short title This act shall be known as and may be cited as the Joint Underwriting Association Act. L.1974, c. 106, s. 1, eff. Sept. 19, 1974.

17:30B-10. Surcharge on policies; credit to joint underwriting association fund of recovered moneys a. A surcharge on insurance policies of the kind which are being assumed by the associations created hereunder shall be levied in amounts sufficient to recoup over a reasonable len…

17:30B-11. Statement; filing An association shall file at such time as directed by the commissioner a statement which shall contain such information and be in such form as required by the commissioner. The commissioner may at any time require an association to furnish him with ad…

17:30B-12. Examination by commissioner; hearings The commissioner may make an examination into the affairs of an association or any of its members whenever he deems it necessary. In undertaking any examination he may hold hearings pursuant to the procedures provided in chapter 1 …

17:30B-13. Annual reports of commissioner In addition to the annual reports of the commissioner required by R.S. 17:1-9, the commissioner shall submit to the Legislature an annual report embracing the activities, affairs and condition of any association. Said report may contain s…