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

17:30D-21 Offering of deductibles in medical malpractice liability insurance policy. 16. a. Every insurer authorized to transact medical malpractice liability insurance in this State shall offer medical malpractice liability insurance policies with a deductible, at the option of …

17:30D-22 Increase of premium prohibited, certain circumstances. 17. Notwithstanding any other law or regulation to the contrary, an insurer authorized to transact medical malpractice liability insurance in this State shall not increase the premium of any medical malpractice liab…

17:30D-23 Certification as to adequacy of rates. 18. Each annual statement made after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al.), pursuant to the provisions of section 16 of P.L.1982, c.114 (C.17:29AA-16), by an insurer writing medical malpractice in this State, sh…

17:30D-24 Mailing of notice of renewal, nonrenewal. 19. Notwithstanding the provisions of section 1 of P.L.1968, c.131 (C.17:29C-1) to the contrary, each notice of renewal or nonrenewal by an insurer authorized to transact medical malpractice liability insurance in this State sha…

17:30D-25 Annual review of capitalization, reserve requirements. 21. Subject to standards adopted by the National Association of Insurance Commissioners, the Commissioner of Banking and Insurance shall, within 180 days after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al…

17:30D-26 Option of installments for premium payments. 22. Every insurer authorized to transact medical malpractice liability insurance in this State shall offer its insureds the option to make premium payments in installments, as prescribed by the Commissioner of Banking and Ins…

17:30D-27 Definitions relative to medical malpractice judgments; payment. 24. a. As used in this section: "Annuity" means an annuity issued by an insurer licensed or authorized to do business in this State which is a qualified assignment under section 130 of the federal Internal …

17:30D-28 Definitions relative to Medical Liability Insurance Premium Assistance Fund. 26. For the purposes of sections 27 and 28 of P.L.2004, c.17 (C.17:30D-29 and 17:30D-30): "Commissioner" means the Commissioner of Banking and Insurance. "Fund" means the Medical Malpractice Li…

17:30D-29 Medical Malpractice Liability Insurance Premium Assistance Fund. 27. a. There is established a Medical Malpractice Liability Insurance Premium Assistance Fund within the Department of the Treasury as a nonlapsing, revolving fund. b. The fund shall be comprised of the fo…

17:30D-3 Definitions. 3. As used in this act: a. "Association" means the New Jersey Medical Malpractice Reinsurance Association established pursuant to the provisions of this act. b. "Commissioner" means the Commissioner of Banking and Insurance. c. "Licensed medical practitioner…

17:30D-30 Responsibilities of commissioner. 28. a. In order to carry out the purposes of section 27 of P.L.2004, c.17 (C.17:30D-29), the commissioner shall, at a minimum: (1) establish a program to provide medical malpractice liability insurance premium subsidies to health care p…

17:30D-31 Rules, regulations. 32. The Commissioner of Banking and Insurance shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of sections 13, 16 through 19, 21, 22 and 24 of this act.…

17:30D-4. Medical malpractice reinsurance association; creation; members; funds and reserves; accounts There is hereby created an unincorporated, nonprofit association to be known as the New Jersey Medical Malpractice Reinsurance Association constituting a legal entity separate a…

17:30D-5. Powers and duties of association The association shall, pursuant to the provisions of this act and the plan of operation, have the power: a. To assume or cede 100% reinsurance or a lesser percentage on any policy of insurance or binder subject to this act; b. To provide…

17:30D-6. Temporary board of directors; powers and responsibilities Within 30 days after the effective date of this act, the commissioner shall call an organization meeting of the association for the purpose of constituting a temporary board of directors. The commissioner shall a…

17:30D-7 Plan of operation; review and approval; certification; amendment. 7. a. Within such a time as shall be prescribed by the commissioner in written notice to the board, the directors shall submit to the commissioner, for his review and approval, a proposed plan of operation…

17:30D-8. Insureds without availability of insurance; activation of association; designation of provider or direct basis insurance; acceptance of risks; noninterference with agents On and after the date that reinsurance is available from the association: a. The commissioner after…

17:30D-9. Medical malpractice reinsurance recovery fund; creation; purpose; contents; administration There is hereby created a fund to be known as the New Jersey Medical Malpractice Reinsurance Recovery Fund (hereinafter referred to as the recovery fund). The purpose of the recov…

17:30E-1. Short title Sections 13 to 34 of this act shall be known and may be cited as the "New Jersey Automobile Full Insurance Availability Act." L.1983, c. 65, s. 13, eff. Jan. 1, 1983, operative Jan. 1, 1984.

17:30E-10. Assignment of association business a. Association business shall be serviced by producers selected by the board, in accordance with selection procedures and eligibility standards established by the plan of operation. The selection procedures shall include an affirmativ…

17:30E-11. Schedule of commissions a. The producer shall receive commissions on association business which shall be designed to provide reasonable compensation for services performed by producers. b. The rate of commission payable on policies issued by the association after Janua…

17:30E-12. Servicing carrier a. Pursuant to the procedures and standards established in the plan of operation, the board shall solicit, by advertisement in at least two newspapers of general circulation in the State, proposals from members and eligible noninsurers to act as a ser…

17:30E-13. Territorial base rates Notwithstanding the provisions of section 7 of P.L. 1983, c. 65 (C. 17:29A-36), the rates used by the association shall be as follows: a. On January 1, 1989, the territorial base rates used by the association for policies issued or renewed follow…

17:30E-13.1. Collision, comprehensive coverage rates Notwithstanding any other provision of law to the contrary, within 60 days of the effective date of this section, the board of directors of the association shall establish rates for collision and comprehensive coverages based o…

17:30E-14. Procedures for voluntary coverage 26. a. Within 45 days of the effective date of P.L.1988, c.119 (C.17:28-1.4 et al.), the commissioner shall, in the plan of operation, establish procedures to govern the voluntary writing of applicants and association insureds without …

17:30E-15. Mandatory coverage limits A qualified applicant who is eligible for coverage through the association shall be offered and entitled to coverage up to at least the following limits: a. bodily injury liability: $250,000.00 each person, $500,000.00 each accident; b. proper…

17:30E-16. Hearing a. A member insurer or producer aggrieved by a ruling of the association or by its alleged violation of or failure to comply with the plan of operation or the provisions of this act shall be entitled to a hearing upon a request made within 30 days after the dat…

17:30E-17. Suspension, revocation; penalties a. The commissioner may suspend or revoke, after notice and a hearing, the certificate of authority of any member insurer or the license of any producer who willfully fails to comply with the provisions of this act or the regulations o…

17:30E-17.1. Violation by servicing carrier If any servicing carrier is determined to have knowingly violated the plan of operation, or any rule of practice or guideline which has been established in connection therewith, with respect to the handling of claims or the underwriting…

17:30E-18. Annual report One year after the operative date of this act and annually thereafter the commissioner shall make a comprehensive report to the Governor and the Legislature assessing the effectiveness of the act in accomplishing its stated purposes. L.1983, c. 65, s. 30,…

17:30E-18.1. Examination The commissioner may, whenever he deems it necessary, make or cause to be made an examination of the finances, operations, methods of conducting business, and all other affairs of the association, its management and its servicing carriers. For the purpose…

17:30E-19. Copy of plan of operation sent to Senate and General Assembly For the purposes of monitoring and evaluating the effectiveness of the implementation of this act, the commissioner shall forward a copy of the plan of operation or any amended plan of operation to the Senat…

17:30E-2. Purpose The purpose of this act is to assure to the New Jersey insurance consumer full access to automobile insurance through normal market outlets, to encourage the use of available market facilities, to provide automobile insurance for qualified applicants who cannot …

17:30E-20. Regulations In addition to the general powers conferred upon the commissioner by law and this act, the commissioner shall have the authority to promulgate such regulations as he deems necessary for the effective implementation of this act. L.1983, c. 65, s. 32, eff. Ja…

17:30E-21. Recommendations regarding insurance coverage to commercial vehicles Twelve months after the operative date of this act the board shall submit to the commissioner recommendations with respect to the provision of insurance coverage to commercial vehicles through the asso…

17:30E-22. Payment of taxes Taxes required to be paid pursuant to P.L.1945, c.132 (C.54:18A-1 et seq.) on premiums earned by the association on or after the effective date of P.L.1990, c.8 (C.17:33B-1 et al.) shall be paid by the association to the State Treasurer and shall be cr…

17:30E-24. Severability The provisions of this act shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act, except that the provisions of section 25 shal…

17:30E-3. Definitions As used in sections 13 to 34 of this act: a. "Association" means the New Jersey Automobile Full Insurance Underwriting Association. b. "Automobile" means a private passenger automobile of a private passenger or station wagon type that is owned or hired, and …

17:30E-4. New Jersey automobile full insurance underwriting association; cessation of business in state by insurer There is created in the State of New Jersey an unincorporated, nonprofit association to be known as the New Jersey Automobile Full Insurance Underwriting Association…

17:30E-5. Reconstituted board of directors; advisory boards a. Within 45 days after the effective date of this 1988 amendatory and supplementary act, there shall be appointed a reconstituted board of directors, and within 30 days after the appointment of the reconstituted board, …

17:30E-6. Proposed plan of operation a. Within 90 days after the organizational meeting, unless after the sixtieth day, but not later than the seventieth day, following the organizational meeting, the commissioner for good cause grants an additional period not to exceed 30 days, …

17:30E-6.1. Association data bank a. The board shall, within 60 days following the effective date of this 1988 amendatory and supplementary act, contract for the establishment of an association data bank to facilitate the dissemination of information regarding association risks t…

17:30E-6.2. Task force a. The board of the association shall amend its plan of operation to establish a Task Force to conduct field file audits of servicing carriers. The Task Force shall conduct the audits to determine whether the servicing carriers have followed normal and prud…

17:30E-7. Powers and duties Pursuant to the plan of operation, the association shall have the power and duty to: a. Enter into contracts as are necessary or proper to carry out the provisions and purposes of this act; b. Sue or be sued in the name of the association, including ta…

17:30E-8. Sources of income a. The association shall derive income from the following sources for the payment of expenses, losses, and the provision of adequate, actuarially sound reserves for unpaid losses and loss adjustment expenses, including incurred but not reported losses,…

17:30E-8.1. Insufficient resources a. Beginning January 1, 1989 and annually thereafter, the commissioner shall determine whether the income of the association as provided for in paragraphs (1), (2), (3), and (5) of section 20 of P.L. 1983, c. 65 (C. 17:30E-8), and the residual m…