Title 17B, Title 17B: INSURANCE

17B:33-1. Short title This chapter shall be known as the Unauthorized Insurers' Process Act. a. The purpose of this chapter is to subject unauthorized insurers to the jurisdiction of the commissioner and to the courts of this State in suits by or on behalf of insureds or benefici…

17B:33-2. Acts constituting commissioner as process agent Any of the following acts in this State by an unauthorized insurer, whether effected by mail or other means, shall be equivalent to and shall constitute an appointment of the commissioner and of any other person dischargin…

17B:33-3. Service of process on commissioner as process agent Service of process and other papers upon the commissioner as the true and lawful attorney of an unauthorized insurer pursuant to this chapter may be effected by any person lawfully authorized to serve process and other…

17B:33-4. Service of process on persons acting on behalf of unauthorized insurer In addition to other methods authorized for the service of process and other papers upon an unauthorized insurer, such service may be made upon any agent, servant, employee or representative thereof …

17B:33-5. Service of process by other means Nothing in this chapter shall be taken or construed to limit or abridge the means or methods by which any process or other papers may be served according to law or rules or orders of court now or hereafter provided. L.1971, c. 144, s. 1…

17B:33-6. Judgment by default Whenever the service of process is effected by a method authorized by this chapter, the time within which the defendant shall be allowed to serve answer shall be the same as is otherwise provided in the case of service by mail or publication in civil…

17B:33-7. Deposit of bond by unauthorized insurer Before any unauthorized insurer shall file or cause to be filed any pleading or other paper in any action or proceeding instituted against it in any court of this State, such insurer shall either a. deposit with the clerk of the c…

17B:33-8. Damages for unjustified refusal to pay In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this State to a resident thereof or to a corporation authorized to do business therein, if it shall be shown that th…

17B:33-9. Misrepresentation by unauthorized insurer; notice to domiciliary supervisory official; action No unauthorized insurer shall make, issue, circulate or cause to be made, issued or circulated, to residents of this State any estimate, illustration, circular, pamphlet, or le…

17B:34-1. Applicability of chapter The provisions of this chapter shall apply to all matters in respect to which a particular section directs that proceedings shall be governed by this chapter, and to matters to be dealt with by the commissioner in respect to any person coming wi…

17B:34-10. Judicial review; stay Orders of the commissioner, whether temporary or final, shall be subject to judicial review. Any party intending to seek judicial review may request the commissioner to amend his order so that it will not take effect until such review has been com…

17B:34-11. Matters not otherwise provided for In the administration of any matter, the procedure for which is not specified by any applicable provision of law or of any rule or regulation, a specific procedure may be authorized by the commissioner by analogy to any statute or rul…

17B:34-12. Effect of Chapter The enactment of the provisions of this Chapter shall provide an alternative method of action and shall in no way be deemed to repeal the provisions of Chapters 66 and 68 of the Laws of 1958 nor the provisions of Chapter 12 of the Laws of 1970. L.1971…

17B:34-2. General policy Provisions for procedure, administration and the like, set out in this Code shall be construed and applied so as to aid in the operation of applicable law in a fashion compatible with the reasonable, flexible and efficient operation and conduct of the reg…

17B:34-3. Subsequently enacted laws Laws hereafter enacted by way of amendment or supplement to this Code shall be dealt with in respect to matters of procedure, administration and the like with the same effect as though they had been part of said Code when originally enacted, un…

17B:34-4. Filing Whenever any matter is required to be filed with the commissioner, the same shall be deemed to have been filed on the date it is received by mail, addressed to the commissioner, or on which it is delivered by means other than mailing. The commissioner shall not r…

17B:34-5. Submission for approval or determination Whenever any matter is required to be submitted, filed or otherwise presented so that it may be brought to the attention of the commissioner, then, unless a different time is specified in the applicable provision, the same shall …

17B:34-6. Effect of withdrawals, approvals and the like The withdrawal of any matter shall be without prejudice unless expressly stated to be with prejudice. Approvals resulting from the lapse of time shall not be a bar to subsequent disapproval or modified approval by order afte…

17B:34-7. Number of copies One copy of any paper or other matter to be filed, submitted or otherwise presented shall be sufficient. Additional copies if thereafter requested by the commissioner shall be furnished to him in a reasonable number in accordance with the needs of the m…

17B:34-8. Subpoenas 17B:34-8. Subpoenas to witnesses shall be issued in the name of the commissioner by him or by any deputy commissioner or other employee designated by him at the request of any person interested in the proceeding, but no subpoena duces tecum shall be issued exc…

17B:34-9. Orders pending hearing In any formal proceeding, where the commissioner finds that the interests of the public require that immediate action be taken pending the completion of the hearings, the making of a determination thereon and the entry of a final order, he may ent…

17B:35-1. Certificate of authority existing prior to effective date of act; expiration; renewal Every certificate of authority of an insurer in force immediately prior to the effective date of this act and existing under any law herein repealed shall be valid until midnight of th…

17B:35-2. Licenses in force prior to effective date of act; continuance; expiration; renewal Every license in force immediately prior to the effective date of this act and existing under any law herein repealed shall be valid until midnight of the day such license would have expi…

17B:35-3. Form of insurance document, rate or filing lawfully used prior to effective date of act; continuance of use and effectiveness Every form of insurance document and every rate or other filing lawfully in use immediately prior to the effective date of this act may continue…

17B:35-4. Deposits in compliance with condition precedent to or in connection with certificate of authority prior to effective date of act; use for similar purposes Any deposit made in this State under any law repealed herein, with or through the Department of Insurance or the co…

17B:35-5. References to repealed provisions as references to provisions of this act Any laws of New Jersey, other than this act, remaining in force after the effective date of this act which refer to certain provisions of law repealed under this act, shall be deemed to refer to t…

17B:35-6. Impairment or effect on acts, offenses, rights, penalties, etc., prior to effective date of act This act shall not impair or affect any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment incurred, prior …

17B:35-7. Insurer organized under any repealed act; continuance of existence and rights The repeal by this code of the whole or any part of any act under which there was organized any insurer in existence on the effective date of this code shall not work a dissolution of such ins…

17B:36-1. Sections and acts saved from repeal The following sections, acts, and parts of acts, together with all amendments and supplements thereto, are saved from repeal. a. The following sections of the Revised Statutes are saved from repeal: 17:17-13. 17:18-2. 17:20-5. 17:21-3…

17B:36-2. Sections and acts repealed The following sections, acts, and parts of acts, together with all amendments and supplements thereto, are hereby repealed. a. The following sections of the Revised Statutes are repealed entirely: 17:24-4. 17:34-4 through 17:34-6, both inclusi…

17B:36-3. Partial Repealers a. The following sections of the Revised Statutes are hereby repealed insofar as they apply to the formation of and subsequent authorization of companies to do life insurance, health insurance or annuities business: 17:17-1 to 17:17-11, both inclusive.…

17B:36-4. Effective date Except as otherwise expressly provided this act shall take effect January 1, 1972. L.1971, c. 144, s. 17B:36-4.

17B:37-1 Short title, findings, declarations. 1. a. This act shall be known and may be cited as the "Interstate Insurance Product Regulation Compact." b. The Legislature finds and declares that the purposes of this act, through means of joint and cooperative action among the comp…

17B:37-10 Approval process for product. 10. a. Insurers and third party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. Nothing in this act shall be construed to restrict or otherwise prev…

17B:37-11 Disapproved product or advertisement; appeal. 11. a. Not later than 30 days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third party filer whose filing was disapproved may appeal the determinat…

17B:37-12 Payment of reasonable expenses of establishment, organization. 12. a. The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contribution…

17B:37-13 Eligibility of states to join compact. 13. a. Any state is eligible to become a compacting state. b. The compact shall become effective and binding upon legislative enactment of the compact into law by two compacting states; however, the commission shall become effectiv…

17B:37-14 Withdrawal, termination, reinstatement. 14. a. (1) Once effective, the compact shall continue in force and remain binding upon each compacting state; however, a compacting state may withdraw from the compact by repealing the statute which enacted the compact into law. (…

17B:37-15 Severability; liberal construction. 15. a. The provisions of this act shall be severable; and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of this act shall be enforceable. b. The provisions of this act shall be liberal…

17B:37-16 Enforcement of laws of compacting state unaffected. 16. a. (1) Nothing herein shall prevent the enforcement of any other law of a compacting state, except as provided in subsection b. of this section. (2) For any product approved or certified by the commission, the rule…

17B:37-17 Report to Legislature. 17. The Commissioner of Banking and Insurance shall report to the Legislature, as provided pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of the effective date of this act or within one year of the operational date of the…

17B:37-2 Definitions relative to the "Interstate Insurance Product Regulation Compact." 2. For the purposes of this act: "Advertisement" means any material designed to create public interest in an insurance product, or induce the public to purchase, increase, modify, reinstate, b…

17B:37-3 "Interstate Insurance Product Regulation Commission." 3. a. The compacting states hereby create and establish a joint public agency known as the "Interstate Insurance Product Regulation Commission." Pursuant to section 4 of this act, the commission shall develop uniform …

17B:37-4 Powers of commission. 4. The commission shall have the following powers: a. To promulgate rules, pursuant to section 7 of this act, which shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in this…

17B:37-5 Membership of commission; organization; bylaws. 5. a. (1) Each compacting state shall have and be limited to one member of the commission. Each member shall be qualified to serve in that capacity pursuant to the applicable law of the compacting state. Any member may be r…

17B:37-6 Meetings, actions. 6. a. The commission shall meet and take those actions consistent with the provisions of this act and the bylaws. b. Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled, and to particip…