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

17:30B-3. Definitions As used in this act: a. "Commissioner" means the Commissioner of Insurance of this State; b. "Guaranty Association" means the New Jersey Property-Liability Insurance Guaranty Association, created under P.L.1974, c. 17 (C. 17:30A-1 et seq.); c. "Association" …

17:30B-4. Establishment; membership; immunity from liability for execution of powers and duties The commissioner shall have authority to establish, as he shall deem necessary, one or more associations to assume the unexpired policy obligations of insolvent insurance companies fro…

17:30B-5. Powers An association shall, pursuant to the provisions of this act and the plan of operation, have the power: a. To assume the unexpired policy obligations of insolvent insurance companies: b. To assess each of its members and to reimburse them for such assessments, at…

17:30B-6. Board of directors; treasurer; bonds a. The board of directors of an association shall consist of not less than five nor more than nine members serving terms as established in the plan of operation hereinafter described. All directors of the board shall be appointed by …

17:30B-7. Plan of operation; submission by directors; certification of approval; enactment by commissioner; amendments a. The directors of the association shall submit to the commissioner, within such time as he sets forth by regulation, for his review and approval, a proposed pl…

17:30B-8. Joint underwriting association fund; assessment of members; exemption from fees and taxes a. There shall be created within each association a fund to be known as the Joint Underwriting Association Fund for the purpose of providing the finances necessary for the plan of …

17:30B-9. Custodian; disbursements The treasurer of each association shall be the custodian of the Joint Underwriting Association Fund. All disbursements from said fund shall be made by the treasurer according to the plan of operation and any rules and regulations promulgated by …

17:30C-1. Definitions 1. a. "Impairment or insolvency" means the capital of a stock insurer or the surplus of a mutual insurer, shall be deemed to be impaired and the insurer shall be deemed to be insolvent, when such insurer is not possessed of assets at least equal to all liabi…

17:30C-10. Order of liquidation--alien insurers An order to liquidate the business of a United States branch of an alien insurer having trusteed assets in this State shall be in the same terms as those prescribed for domestic insurers, save and except only that the assets of the …

17:30C-11. Grounds for conservation--foreign insurers The commissioner may apply for an order directing him to conserve the assets within this State of a foreign insurer upon any one or more of the following grounds: a. Upon any of the grounds specified in section 6, and in secti…

17:30C-12. Grounds for conservation--alien insurers The commissioner may apply for an order directing him to conserve the assets within this State of an alien insurer upon any one or more of the following grounds: a. Upon any of the grounds specified in section 6 and in section 8…

17:30C-13. Conservation or ancillary receivership--foreign insurers a. An order to conserve the assets of a foreign insurer shall direct the commissioner forthwith to take possession of the property of the insurer within this State and to conserve it, subject to the further direc…

17:30C-14. Conservation or ancillary receivership--alien insurers An order to conserve the assets of an alien insurer shall direct the commissioner forthwith to take possession of the property of the insurer within this State and to conserve it, subject to the further direction o…

17:30C-15. Conduct of delinquency proceedings--domestic insurers a. Whenever under the laws of this State a receiver is to be appointed in delinquency proceedings for a domestic insurer, the court shall appoint the commissioner as such receiver. The court shall direct the commiss…

17:30C-16. Conduct of delinquency proceedings--foreign and alien insurers a. Whenever under this act an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this State, the court shall appoint the commissioner as ancillary receiver. The…

17:30C-17. Deputies and assistants In connection with delinquency proceedings, the commissioner may appoint one or more special deputy commissioners to act for him, and may employ such counsel, clerks, and assistants as he deems necessary. The compensation of the special deputies…

17:30C-18. Claims of nonresidents against domestic insurers a. In a delinquency proceeding begun in this State against a domestic insurer, claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states or with the d…

17:30C-19. Claims against foreign insurers a. In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this State may file claims either with the ancillary receiver, if any, appointed in this St…

17:30C-2. Jurisdiction of delinquency proceedings The Superior Court shall have original jurisdiction of delinquency proceedings under this act. L.1975, c. 113, s. 2, eff. June 3, 1975.

17:30C-20. Form of claim--notice--hearing a. All claims against an insurer against which delinquency proceedings have been begun shall set forth in reasonable detail the amount of the claim, or the basis upon which such amount can be ascertained, the facts upon which the claim is…

17:30C-21. Priority of certain claims a. In a delinquency proceeding against an insurer domiciled in this State, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this State. All such claims owing to residents o…

17:30C-22. Attachment and garnishment of assets During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this State against th…

17:30C-23. Uniform insurers liquidation act a. Subsections b. through k. of section 1, subsections a. and c. of section 4, together with sections 5 and 15 through 23 constitute and may be referred to as the Uniform Insurers Liquidation Act. b. The Uniform Insurers Liquidation Act…

17:30C-24. Borrowing on pledge of assets For the purpose of facilitating the rehabilitation, liquidations, conservation or dissolution of an insurer pursuant to this act, the commissioner may, subject to the approval of the court, borrow money and execute, acknowledge and deliver…

17:30C-25. Voidable transfers. 25. a. Any transfer of, or lien upon, the property of an insurer which is made or created within 4 months prior to the granting of an order to show cause under this act with the intent of giving to any creditor or of enabling him to obtain a greater…

17:30C-26. Priority of claims for compensation a. Compensation actually owing to employees other than officers of an insurer, for services rendered within 3 months prior to the commencement of a proceeding against the insurer under this act, but not exceeding $1,000.00 for each s…

17:30C-27. Offsets a. In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this act, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in sub…

17:30C-28. Allowance of certain claims a. No contingent claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to section 30 a., except that such claims shall be considered, if properly presented, and m…

17:30C-29. Allowance of secured claims No claim of any secured claimant shall be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation, or such othe…

17:30C-3. Exclusive remedy--appeal Delinquency proceedings pursuant to this act shall constitute the sole and exclusive method of liquidating, rehabilitating, reorganizing or conserving an insurer, and no court shall entertain a petition for the commencement of such proceedings, …

17:30C-30. Time to file the claims a. If upon the granting of an order of liquidation under this act, or at any time thereafter during the liquidation proceeding, the insurer shall not be clearly solvent, the court shall, after such notice and hearing as it deems proper, make an …

17:30C-31. Proposal for disbursement of assets of insolvent companies; application for approval; notice of application a. Within 120 days of a final determination of insolvency of a company by a court of competent jurisdiction of this State, the commissioner shall make applicatio…

17:30C-4. Commencement of delinquency proceeding 4. a. The commissioner shall commence any such proceeding by an application to the court or to any judge thereof, for an order directing the insurer to show cause why the commissioner should not have the relief prayed for. b. The a…

17:30C-5. Injunctions 5. a. Upon application by the commissioner for such an order to show cause, or at any time thereafter, the court may, without notice, issue an injunction restraining the insurer, its officers, directors, stockholders, policyholders, agents, and all other per…

17:30C-6. Grounds for rehabilitation--domestic insurers The commissioner may apply to the court for an order directing him to rehabilitate a domestic insurer upon one or more of the following grounds: That the insurer a. Is impaired or insolvent; or b. Has refused to submit its b…

17:30C-7. Nature of rehabilitation order--termination of rehabilitation--domestic insurers a. An order to rehabilitate a domestic insurer shall direct the commissioner forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take suc…

17:30C-8. Grounds for liquidation The commissioner may apply to the court for an order directing him to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this State, regardless of whether or not there has bee…

17:30C-9. Order of liquidation--domestic insurers a. An order to liquidate the business of a domestic insurer shall direct the commissioner forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business in …

17:30D-1. Short title This act shall be known and may be cited as the "Medical Malpractice Liability Insurance Act." L.1975, c. 301, s. 1, eff. Jan. 30, 1976.

17:30D-10. Additional premium charges on policies of medical malpractice liability insurance For the purpose of providing moneys necessary to establish the recovery fund in an amount sufficient to meet the requirements of this act, the commissioner shall establish reasonable prov…

17:30D-11. Recovery fund; custodian; disbursements; investment The fund created by this act shall be separate and apart from any other fund and from all other State moneys. The State Treasurer shall be custodian of the fund and all disbursements from said fund shall be made by th…

17:30D-12. Rules and regulations; suspension or revocation of certificate of authority of insurer for noncompliance The commissioner may promulgate reasonable rules and regulations to carry out the purposes of this act, and may suspend or revoke, after reasonable notice and a hea…

17:30D-13. Emergency powers of commissioner upon activation of association; duration Upon finding that immediate activation of the association for any category or subcategory of insureds is required because medical malpractice liability insurance is or will be unavailable for suc…

17:30D-14. Severability If any provisions of this act or the application thereof to any person or circumstances 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, an…

17:30D-15. Liberal construction This act shall be liberally construed to effectuate its purposes, and all laws or parts of laws of this State inconsistent with this act are hereby superseded to the extent of such inconsistency. L.1975, c. 301, s. 15, eff. Jan. 30, 1976.

17:30D-17 Insurer to notify Medical Practitioner Review Panel of malpractice settlement, judgment, award. 2. a. Any insurer or insurance association authorized to issue medical malpractice liability insurance in the State shall notify the Medical Practitioner Review Panel establi…