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

17:31-12 Deposit of amount of order or judgment on appeal. 3. Whenever a surety company, or bail agent or agency acting on its behalf, files an appeal in the Superior Court of New Jersey, Appellate Division, or the Supreme Court of New Jersey, from a judgment or order entered aga…

17:31-13 Registration by surety company of bail agent, agency. 4. a. A surety company shall register with the Clerk of the Superior Court the name and address of each bail agent or agency authorized by the surety company to write bail. The surety company shall provide written not…

17:31-14 Construction of act relative to authority of the courts. 5. Nothing in this act shall be construed to limit, prohibit or otherwise adversely affect the authority of the Supreme Court of New Jersey to adopt rules or issue directives or procedures to preclude a surety comp…

17:31-15 Rules, regulations. 6. The commissioner may promulgate rules and regulations in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act. L.2003,c.202,s.6.

17:31-2. Agreement for deposit of property by fiduciaries A receiver, assignee, guardian, trustee, committee, executor, administrator, curator, or other fiduciary or party of whom a bond, undertaking or other obligation is required, may agree and arrange with the company for the …

17:31-3. Qualifications for action as surety or guarantor The company, to be qualified to so act as surety or guarantor, shall comply with all the requirements of chapters 17 to 33 of this title (s. 17:17-1 et seq.), applicable to it, and shall have good available assets in exces…

17:31-4. Bond as lien on real estate No bond, undertaking, recognizance or other obligation heretofore or hereafter given or entered into by any company organized under the laws of this or any other State and authorized to transact in this State the business of executing bonds or…

17:31-5. Insurance commissioner's certificate of authority as evidence The certificate of authority issued by the commissioner, pursuant to chapters 17 to 33 of this title (s. 17:17-1 et seq.), to a surety company of this or any other state or foreign country, shall be evidence o…

17:31-6. Sureties for auto club bail bonds Any domestic or foreign surety company which has qualified to transact surety business in this State may, in any year, become surety in an amount not to exceed $500.00 with respect to any guaranteed arrest bond certificates issued in suc…

17:31-7. Filing with Insurance Commissioner Any such undertaking shall be in a form to be prescribed by the Commissioner of Insurance, and subject to such regulations as he shall from time to time prescribe in regard thereto, and shall state the following: a. The name and address…

17:31-8. $500 maximum Any guaranteed arrest bond certificate with respect to which a surety company has become surety, as herein provided, shall, when posted by the person whose signature appears thereon, be accepted in lieu of cash bail or other bond in an amount not to exceed $…

17:31-9. Surety discrimination ban No surety authorized to do business in this State shall discriminate against minority or women's businesses with respect to the providing of coverage, and shall provide coverage for these businesses on the same basis and to the same extent as fo…

17:32-1. Transaction of business by foreign companies Any insurance company formed by authority of another State or foreign government may be admitted to transact in this State any class or classes of insurance authorized by chapters 17 to 33 of this Title (ss.17:17-1 seq.), to b…

17:32-10. Compliance with subtitle necessary to recovery in court No insurance company not incorporated under the laws of this state doing business on the mutual plan, shall recover in an action in any court in this state upon any policy of insurance upon property in this state w…

17:32-13. Surrender of certificate of authority; return of securities An insurance company of another state or foreign country authorize to transact the business of insuring against loss or damage on account neglect or breaches of duty or obligations guaranteed by the insurer, at…

17:32-14. Revocation of authority to do business The authority of an insurance company of another state or foreign country may be revoked, after notice and hearing, if it fails to comply with any provision of law obligatory upon it, or for any reason for which the commissioner ma…

17:32-15. Retaliatory taxation of foreign insurers When by the laws of any other state or foreign country any premium income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions are imposed upon New Jerse…

17:32-16. Remedial legislation; liberal construction This act is deemed and declared to be remedial legislation for the protection of the health and welfare of persons resident in this State by subjecting nonadmitted insurers which solicit, insure, or cause to be solicited such r…

17:32-17. Definitions The following terms whenever used or referred to in this act shall have the following respective meanings, except in those instances where the context clearly indicates otherwise: (a) The term "commissioner" shall mean the Commissioner of Banking and Insuran…

17:32-18. Conditions for authority to transact business No insurer organized or existing under the law of another State, or of a foreign country, or any employee, agent or other representative thereof including, without limitation, promotional media, shall by mail or otherwise, t…

17:32-19. Transacting business of insurance; acts constituting Without limiting the generality of the foregoing, an insurer which performs, causes or suffers to be performed within this State any of the following acts with reference to persons or property located or resident in t…

17:32-2. Prerequisites to admission No such company shall be admitted until it: a. Files in the department a certified copy of its charter, deed settlement or certificate of organization, and a statement of its financial condition and business, in the form and detail the commissi…

17:32-2.1. Waiving requirements for certain foreign insurers 1. Notwithstanding the provisions of any law, rule or regulation to the contrary, the Commissioner of Insurance may waive any requirement that a foreign or alien insurance or surety company which has applied for a certi…

17:32-20. Violations; institution of relief; process Whenever it shall appear to the commissioner that any insurer, or any employee, agent, promotional medium, or other representative thereof, has violated, is violating, or is about to violate the provisions of this act, the Atto…

17:32-21 Nonapplicability of act. 6. The provisions of this act shall not be construed to apply to: (a) The investigation, settlement or litigation of claims under any policy of insurance of any kind lawful when written in this State, or liquidation of the assets and liabilities …

17:32-22. Partial invalidity If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subs…

17:32-3. Deposit company of foreign country If the company is organized under the laws of a foreign country it shall not be admitted until, in addition to complying with the foregoing conditions, it has made a deposit or deposits with the insurance commissioner or other officer o…

17:32-4. Evidence of authority of foreign company When an insurance company of another State or foreign country complies with the laws of this State and has issued to it the certific of the commissioner, authorizing it to transact business in this State then in any civil action i…

17:32-5. Deposits by foreign surety companies; return An insurance company of another state or foreign country transacting the business of insuring against loss or damage on account of neglect, or breaches of duty, or obligations guaranteed by the insurer, and not engaging in the…

17:32-8. Trustees of company of foreign country Any admitted company of a foreign country may appoint trustees who are citizens of the United States and approved by the commissioner, to hold funds in trust for the benefit of its policyholders in the United States. The trustees sh…

17:32-9. Power to hold real estate Any insurance company of another state or foreign country transact business in this state may purchase, hold and convey real estate situa herein, for the purposes, and no other, and in the manner provided by chapters 17 to 33 of this title (s. 1…

17:33-1. Fees On filing any certificate, executed by an insurance company of this State, in the department, there shall be paid to the commissioner, for the use of the State, fees as follows: Certificate of incorporation, for each $1,000.00 of the total amount of the capital stoc…

17:33-2. Penalty for violation Except as in this subtitle otherwise provided, the penalty for each violation of any chapter of this subtitle or any supplement thereto, other than the failure of a company to file an annual statement, shall be a penalty not exceeding $1,000.00 for …

17:33A-1. Short title This act shall be known and may be cited as the "New Jersey Insurance Fraud Prevention Act." L.1983, c. 320, s. 1.

17:33A-10 Subpena powers; violations by persons licensed by State. 10. a. If the bureau has reason to believe that a person has engaged in, or is engaging in, an act or practice which violates this act, or any other relevant statute or regulation, the commissioner or his designee…

17:33A-11. Handling of documents, records of investigations 11. Papers, documents, reports, or evidence relative to the subject of an investigation under this act shall not be subject to public inspection except as specifically provided in this act. The commissioner shall not det…

17:33A-12. Regulations The commissioner may promulgate such regulations as he deems necessary for the effective implementation of this act. L.1983, c. 320, s. 12.

17:33A-13. Annual report on activities and cost effectiveness The commissioner shall report annually to the Senate Labor, Industry and Professions Committee and the Assembly Banking and Insurance Committee as to the activities of the division and the cost effectiveness of the pro…

17:33A-14. Criminal prosecution The imposition of any fine or other remedy under this act shall not preclude prosecution for a violation of the criminal law of this State. L.1983, c. 320, s. 14.

17:33A-15. Filing of plan for prevention, detection of fraudulent health, auto insurance claims 1. a. Every insurer writing health insurance or private passenger automobile insurance in this State shall file with the commissioner a plan for the prevention and detection of fraudul…

17:33A-16 Office of the Insurance Fraud Prosecutor. 32. There is established in the Division of Criminal Justice in the Department of Law and Public Safety the Office of the Insurance Fraud Prosecutor. The Insurance Fraud Prosecutor shall be appointed by, and serve at the pleasur…

17:33A-17 Appointment; transfer of personnel. 33. The Attorney General may appoint such personnel, including attorneys and clerical personnel, as necessary to carry out the duties of the office. The personnel charged with investigatory work in the Division of Insurance Fraud Prev…

17:33A-18 Establishment of liaison between office, other departments; responsibilities. 34. a. A section of the Office of Insurance Fraud Prosecutor shall be designated to be responsible for establishing a liaison and continuing communication between the office and the Department…

17:33A-19 Duties of Insurance Fraud Prosecutor. 35. The Insurance Fraud Prosecutor shall investigate and, if warranted, prosecute, cases referred to it by insurers, State agencies, or county and municipal governments. The Insurance Fraud Prosecutor may assist county prosecutors i…

17:33A-19.1 Additional investigatory and prosecutorial authority, referral for criminal prosecution. 2. In addition to the investigatory and prosecutorial authority granted pursuant to section 35 of P.L.1998, c.21 (C.17:33A-19), the Insurance Fraud Prosecutor may investigate, and…

17:33A-2. Purpose of act The purpose of this act is to confront aggressively the problem of insurance fraud in New Jersey by facilitating the detection of insurance fraud, eliminating the occurrence of such fraud through the development of fraud prevention programs, requiring the…