Title 17B, Title 17B: INSURANCE

17B:32-79. Grounds for appointment of conservator 49. a. If a domiciliary liquidator has not been appointed, the commissioner may apply to the Superior Court by verified petition for an order directing him to act as conservator to conserve the property of an alien insurer not dom…

17B:32-80. Grounds for liquidation of assets of insurer 50. a. If no domiciliary receiver has been appointed, the commissioner may apply to the Superior Court by verified petition for an order directing him to liquidate the assets found in this State of a foreign insurer or an al…

17B:32-81. Vesting of title with domiciliary liquidator 51. a. The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection c. of section 52 of this act, be vested by operation of law…

17B:32-82. Petition for appointment as ancillary receiver 52. a. If a domiciliary liquidator has been appointed for an insurer not domiciled in this State, the commissioner may file a petition with the Superior Court requesting appointment as ancillary receiver in this State: (1)…

17B:32-83. Institution of proceedings 53. The commissioner in his sole discretion may institute proceedings under sections 9 and 10 of this act at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer havi…

17B:32-84. Claims filed in liquidation proceedings begun in State 54. a. In a liquidation proceeding begun in this State against an insurer domiciled in this State, claimants residing in foreign countries or in states not reciprocal states must file claims in this State, and clai…

17B:32-85. Claims filed in liquidation proceedings in reciprocal state 55. a. In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this State may file claims either with the ancillary receive…

17B:32-86. Actions, proceedings prohibited during pendency of liquidation proceeding 56. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment or levy of …

17B:32-87. Order of distribution of claims 57. a. In a liquidation proceeding in this State involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residen…

17B:32-88. Failure of ancillary receiver to transfer assets 58. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this State any assets within his control, other than special deposi…

17B:32-89. Persons entitled to protection 59. a. For the purpose of this section, the following persons are entitled to protection under subsection b. of this section: (1) All receivers responsible for the conduct of a delinquency proceeding under this act including present and f…

17B:32-90. Commissioner's powers unaffected 60. This act shall not be interpreted to limit the powers granted to the commissioner by other provisions of law. L.1992,c.65,s.60.

17B:32-91. Rules, regulations 61. The commissioner may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate necessary rules and regulations to implement the provisions of this act. L.1992,c.65,s.61.

17B:32-92 Rights relative to certain financial agreements; terms defined. 1. a. (1) Notwithstanding any other provision of the "Life and Health Insurers Rehabilitation and Liquidation Act," P.L.1992, c.65 (C.17B:32-31 et seq.) to the contrary, a person shall not be stayed or proh…

17B:32A-1. Short title 1. Sections 2 through 19 of this act shall be known and may be cited as the "New Jersey Life and Health Insurance Guaranty Association Act." L.1991,c.208,s.1.

17B:32A-10. Additional duties, powers of commissioner 10. a. In addition to the duties and powers enumerated elsewhere in P.L.1991, c.208 (C.17B:32A-1 et seq.), the commissioner shall: (1) upon request of the board of directors, provide the association with a statement of the pre…

17B:32A-11. Detection, prevention of insurer insolvencies, impairments 11. a. To aid in the detection and prevention of member insurer insolvencies or impairments, the commissioner may: (1) notify the commissioners of insurance or comparable officials of all the other states, ter…

17B:32A-12. Liabilities of impaired, insolvent insurers 12. a. Nothing in P.L.1991, c.208 (C.17B:32A-1 et seq.) or P.L.2022, c.98 (C.17B:32A-2 et al.) shall be construed to reduce the liability for unpaid assessments of the insureds or enrollees of an impaired or insolvent insure…

17B:32A-13 Association subject to examination, regulation 13. The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than 120 days after the close of the association's fiscal…

17B:32A-14. Association exempt from fees, taxes 14. 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 property. L.1991,c.208,s.14.

17B:32A-15. Immunity from liability 15. a. There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the co…

17B:32A-16. Stay of proceedings involving insolvent insurer 16. Upon application and notice, all proceedings in which an insolvent insurer is a party or is obligated to defend a party in any court in this State shall be stayed for 180 days and any additional time thereafter as ma…

17B:32A-17. Association shall not be used to promote insurance sales 17. a. No person, including a member insurer, agent or affiliate of a member insurer or insurance producer shall make, publish, disseminate, circulate or place before the public or cause directly or indirectly, …

17B:32A-18. Member insurer may offset assessments against premium tax liability 18. a. A member insurer may offset against its premium tax liability, attributable to premiums written in that year, and determined pursuant to section 1 of P.L.1945, c.132 (C.54:18A-1), any assessmen…

17B:32A-19. Provisions not applicable to certain insurers 19. a. The provisions of P.L.1991, c.208 (C.17B:32A-1 et seq.) prior to the effective date of P.L.2022, c.98 (C.17B:32A-2 et al.) shall apply to all matters relating to any impaired insurer or insolvent insurer as defined …

17B:32A-2 Purpose; protection from hardship. 2. a. The purpose of P.L.1991, c.208 (C.17B:32A-1 et seq.) is to protect, subject to certain limitations, those persons specified in subsection a. of section 3 of P.L.1991, c.208 (C.17B:32A-1 et seq.) from hardship because of the impai…

17B:32A-3. Provision of coverage 3. a. P.L.1991, c.208 (C.17B:32A-1 et seq.) shall provide coverage, for the policies and contracts specified in subsection b. of this section, to: (1) persons who, regardless of where they reside (except for nonresident certificate holders under g…

17B:32A-4. Definitions 4. As used in P.L.1991, c.208 (C.17B:32A-1 et seq.): "Account" means either of the two accounts created under subsection b. of section 5 of P.L.1991, c.208 (C.17B:32A-5). "Association" means the New Jersey Life and Health Insurance Guaranty Association crea…

17B:32A-5. New Jersey Life and Health Insurance Guaranty Association created 5. a. There is created a nonprofit legal entity to be known as the New Jersey Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condi…

17B:32A-6. Board of Directors of association 6. a. There shall be a board of directors of the association which shall consist of not less than seven nor more than eleven member insurers serving terms as established in the plan of operation. The members of the board shall be selec…

17B:32A-7. Powers of the association 7. a. If a member insurer is an impaired insurer, the association may, in its discretion, and subject to any conditions imposed by the association that do not unreasonably impair the contractual obligations of the impaired insurer, that are ap…

17B:32A-8. Member insurers assessed to provide funding for association 8. a. For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at such time …

17B:32A-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 t…

17B:32B-1 Short title. 1. This act shall be known and may be cited as the "New Jersey Insolvent Health Maintenance Organization Assistance Fund Act of 2000." L.2000,c.12,s.1.

17B:32B-10 Submission of plan of operation. 10. 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 and the fund. The plan of …

17B:32B-11 Additional powers, duties of the commissioner. 11. a. In addition to the duties and powers enumerated elsewhere in this act, the commissioner shall, upon request of the board of directors, provide the association with a statement of the net written premiums received in…

17B:32B-12 Tax credit permitted for member organizations. 12. a. A member organization shall be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5), in an amount equal to 50 % of an assessment for which a certificate of contribution has …

17B:32B-13 Examination, regulation. 13. a. The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than 120 days after the close of the association's fiscal year, a financial …

17B:32B-14 Exemption of association from certain fees, taxes. 14. The association shall be exempt from the payment of all fees and all taxes levied by this State or any of its subdivisions, except those levied on real property. L.2000,c.12,s.14.

17B:32B-15 Condition for receipt by providers of payments. 15. As a condition of receiving payment directly from the association for an eligible claim against an insolvent organization, a provider shall agree to forgive that organization of one-third of the unpaid contractual obl…

17B:32B-16 Immunity from liability for member organizations, etc. 16. There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member organization or its agents or employees, the association or its agents or employees, or the commi…

17B:32B-17 Rules, regulations. 18. The commissioner shall promulgate such rules and regulations as may be necessary to effectuate the purposes of this act. L.2000,c.12,s.18.

17B:32B-2 Purpose of act. 2. The purpose of this act is to protect, subject to certain limitations, covered individuals and providers against the failure or inability of HIP Health Plan of New Jersey, Inc. and American Preferred Provider Plan, Inc. to perform certain contractual …

17B:32B-3 Definitions relative to certain insolvent health maintenance organizations. 3. As used in this act: "Association" means the New Jersey Insolvent Health Maintenance Organization Assistance Association created by section 5 of this act. "Commissioner" means the Commissione…

17B:32B-4 Payment for eligible services, benefits. 4. This act shall provide payment for eligible services or benefits under a covered health maintenance organization contract on an equitable basis to any covered individual or provider who is entitled to receive payment from HIP …

17B:32B-5 New Jersey Insolvent Health Maintenance Organization Assistance Association. 5. There is created a nonprofit legal entity to be known as the New Jersey Insolvent Health Maintenance Organization Assistance Association. All health maintenance organizations authorized to t…