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

17:33A-24 Additional duties of office; annual report. 40. The Attorney General shall direct the Office of the Insurance Fraud Prosecutor to: a. Confer from time to time with departments or other units of State government which have units which investigate fraud, in order to coord…

17:33A-25 Recommendation for suspension, revocation of professional license. 41. In the case of a professional licensed or certified by a professional licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety who is guilty of fraud, the Insura…

17:33A-26 Restitution; seizure of assets. 42. The Insurance Fraud Prosecutor shall consider the restitution of moneys to insurers and others who are defrauded as a major priority, in order that policyholders may benefit from the prosecution of those persons guilty of insurance fr…

17:33A-27 Specific goals, strategies. 43. The Insurance Fraud Prosecutor shall have access to all information concerning insurance fraud enforcement activities in the possession of all State departments and agencies. The office shall meet on a regular basis with representatives o…

17:33A-28 Application for reimbursement. 44. Any county prosecutor may apply to the Office of the Insurance Fraud Prosecutor for reimbursement for activities undertaken in connection with investigating and prosecuting insurance fraud. The Attorney General shall allocate such fund…

17:33A-29 Provision of information from accident report. 45. Every state and local law enforcement agency, including the New Jersey State Police, shall make available to investigators employed by insurers, upon presentation of appropriate identification, information from any acci…

17:33A-3 Definitions. 3. As used in this act: "Attorney General" means the Attorney General of New Jersey or his designated representatives. "Bureau" means the Bureau of Fraud Deterrence established by section 8 of P.L.1983, c.320 (C.17:33A-8). "Commissioner" means the Commission…

17:33A-30 Certification of amount allocable to office expenses. 46. The Attorney General shall annually, on or before October 1, certify to the Commissioner of Banking and Insurance an amount allocable to the expenses of the Office of the Insurance Fraud Prosecutor for the preced…

17:33A-31 to 17:33A-34 relocated to 2C:21-4.4 to 2C:21-4.7

17:33A-4 Violations. 4. a. A person or a practitioner violates this act if he: (1) Presents or causes to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy or the "Unsatisf…

17:33A-5 Remedies; penalties; fund established. 5. a. Whenever the commissioner determines that a person has violated any provision of P.L.1983, c.320 (C.17:33A-1 et seq.), the commissioner may either: (1) bring a civil action in accordance with subsection b. of this section; or …

17:33A-5.1 Surcharge for insurance fraud. 53. In addition to any other penalty, fine or charge imposed pursuant to law, a person who is found in any legal proceeding to have committed insurance fraud shall be subject to a surcharge in the amount of $1,000. If a person is charged …

17:33A-6. Statement on insurance claim forms 6. a. Insurance claim forms shall contain a statement in a form approved by the commissioner that clearly states in substance the following: "Any person who knowingly files a statement of claim containing any false or misleading inform…

17:33A-7. Actions by insurance companies against violators 7. a. Any insurance company damaged as the result of a violation of any provision of this act may sue therefor in any court of competent jurisdiction to recover compensatory damages, which shall include reasonable investi…

17:33A-8 Bureau of Fraud Deterrence. 8. a. (1) There is established in the Department of Banking and Insurance the Bureau of Fraud Deterrence. The bureau shall assist the commissioner in administratively investigating allegations of insurance fraud in consultation with the Office…

17:33A-9 Alleged violations; civil liability; referrals; records. 9. a. (1) Any person who believes that a violation of this act has been or is being made shall notify the bureau and the Office of the Insurance Fraud Prosecutor immediately after discovery of the alleged violation…

17:33B-1. Short title This act shall be known and may be cited as the "Fair Automobile Insurance Reform Act of 1990." L.1990,c.8,s.1.

17:33B-10. Payment of costs to State Any costs, including attorneys' fees, incurred by the State in maintaining any action against servicing carriers of the New Jersey Automobile Full Insurance Underwriting Association, whether brought by the Commissioner of Insurance, the Attorn…

17:33B-11. Market Transition Facility 88. a. There is created a Market Transition Facility to be operated by the Commissioner of Insurance pursuant to the provisions of this section. Every insurer authorized to transact automobile insurance in this State shall be a member of the …

17:33B-11.1. Payment of claim attributable to damages subject to deferred payment plan 18. Notwithstanding any provision of law to the contrary, no insured or other claimant under a Market Transition Facility policy shall be held personally liable for payment of any claim attribu…

17:33B-12. Charges under depopulation plan Notwithstanding any provision of law to the contrary, an insurer may charge premiums at the rate level applicable to eligible persons insured by the facility as provided in paragraph (2) of subsection c. of section 88 of this 1990 amenda…

17:33B-13 Definitions. 25. As used in sections 25 through 33 of this 1990 amendatory and supplementary act: "Automobile" means an automobile as defined in section 2 of P.L.1972, c.70 (C.39:6A-2). "Automobile insurance" means insurance for an automobile including coverage for bodi…

17:33B-14 Schedule of automobile insurance eligibility points. 26. The commissioner shall, within 90 days of the effective date of this act, promulgate a schedule of automobile insurance eligibility points by rule or regulation adopted pursuant to the "Administrative Procedure Ac…

17:33B-14.1. Speeding violations, certain; surcharge unaffected 1. a. In calculating a surcharge or other differential in rates based on motor vehicle penalty points promulgated by the Director of the Division of Motor Vehicles pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5…

17:33B-15 Provision of automobile insurance coverage by insurers. 27. a. On or after April 1, 1992, every insurer, either by one or more separate rating plans filed in accordance with the provisions of section 6 of P.L.1988, c.156 (C.17:29A-45) prior to March 1, 1998, or section …

17:33B-16. Declination; reasons for An insurer or agent, upon making a declination of automobile insurance, shall inform the applicant of each specific reason for the declination and shall include a statement as to whether the applicant may qualify for insurance from an affiliate…

17:33B-17. Procedures for resolving complaints a. The commissioner shall establish procedures for resolving complaints of persons who believe that they have been improperly denied automobile insurance, including procedures for a written appeal to the commissioner. b. If either th…

17:33B-18 Conditions of licensure. 30. a. A licensed insurance agent shall, as a condition of licensure: (1) (Deleted by amendment, P.L.2007, c.240). (2) Not attempt to channel an eligible person away from an insurer or insurance coverage with the purpose or effect of avoiding an…

17:33B-19. Suspension of obligation to issue policies due to unsafe, unsound financial condition a. The commissioner shall suspend, after hearing, an insurer's obligation to issue policies in compliance with the provisions of section 27 of this act if the insurer is in an unsafe …

17:33B-2. Findings, declarations The Legislature finds and declares that: a. For almost two decades the system of motor vehicle insurance in this State has been the subject of examination, reform, review and revision in all three branches of government. b. The common public purpo…

17:33B-20. Suspension of obligation because of danger of future unsafe, unsound financial condition The commissioner may suspend an insurer's obligation to issue policies pursuant to section 27 of this act if the commissioner, in his discretion, determines that compliance with se…

17:33B-21. Penalties for violation If the commissioner determines that any person has violated any provision of sections 26 through 30 of this 1990 amendatory and supplementary act, he may impose a civil penalty in an amount of up to $2,000 for the first violation and up to $5,00…

17:33B-22. Automobile coverage if not qualified as "eligible person" Those persons who do not qualify as "eligible persons" as defined in section 25 of this 1990 amendatory and supplementary act but who are in good faith entitled to, but are unable to procure automobile insurance…

17:33B-23. Suspension of obligation to issue policies for insurer in unsafe or unsound financial condition a. The commissioner shall suspend, after hearing, an insurer's obligation to provide insurance for automobiles in compliance with the provisions of section 1 of P.L.1970, c.…

17:33B-24. Suspension of obligation to provide coverage if insurer's financial condition will become unsafe or unsound The commissioner may suspend an insurer's obligation to provide insurance for automobiles in compliance with the provisions of section 1 of P.L.1970, c.215 (C.17…

17:33B-25. Refusal to issue or renew prohibited Notwithstanding the provisions of section 27 of this 1990 amendatory and supplementary act, section 2 of P.L.1968, c.158 (C.17:29C-7), section 26 of P.L.1988, c.119 (C.17:29C-7.1) or any other section of law to the contrary, if the …

17:33B-26. Refusal by insurer of coverage Nothing contained in paragraph e. of the definition of an eligible person as set forth in section 25 of this 1990 amendatory and supplementary act shall be deemed to permit an insurer subject to the provisions of that paragraph e. to refu…

17:33B-27. Suspension of obligation to issue policies for insurer in unsafe or unsound financial condition a. The commissioner shall suspend, after hearing, an insurer's obligation to issue policies in compliance with the provisions of section 39 of this act if the insurer is in …

17:33B-28. Suspension of obligation to issue policies if insurer's financial condition will become unsafe or unsound The commissioner may suspend an insurer's obligation to issue policies pursuant to section 39 of this 1990 amendatory and supplementary act if the commissioner, in…

17:33B-29. Temporary certificate of authority a. The Commissioner of Insurance may issue a temporary certificate of authority which authorizes an insurer to issue private passenger automobile insurance policies or make contracts of private passenger automobile insurance in this S…

17:33B-3. Appointment of trustee; plan of operation; powers of trustee; annual report a. The Legislature finds that the New Jersey Automobile Full Insurance Underwriting Association, created pursuant to section 16 of P.L.1983, c.65 (C.17:30E-4), is currently operating in a substa…

17:33B-30 Out-of-State insurance company, surrender of certificate. 72. a. An insurance company of another state or foreign country authorized under chapter 32 of Title 17 of the Revised Statutes to transact insurance business in this State may surrender to the commissioner its c…

17:33B-31. Use of rating or advisory organization for collection, compilation and dissemination of historical data; factors for coverage; etc. 69. Notwithstanding the provisions of Subtitle 3 of Title 17 of the Revised Statutes or any other provision of law to the contrary, no in…

17:33B-33. Applicability; "renewal" defined a. The provisions of sections 41 through 48 shall be applicable to all automobile physical damage insurance policies covering automobiles, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), registered in this State. b. As used in th…

17:33B-34. Inspection of automobile a. A newly issued policy shall not provide coverage for automobile physical damage perils prior to an inspection of the automobile by the insurer. b. For a renewal of a policy referred to in subsection a. of this section, an insurer may require…

17:33B-35. Inspection before issuance of physical damage coverage. If an automobile is acquired by the insured as a replacement for or in addition to an automobile insured for physical damage coverage, and the insured requests physical damage coverage for the replacement or addit…