reglab/housing_qa huggingface dataset:
NJ Rev Stat § 17B:30B-15 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:30B-15 - Regulations, authority of commissioner.

17B:30B-15 Regulations, authority of commissioner.  15. The commissioner shall have the authority to promulgate regulations implementing the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) including, but not limited to, the following: a. Establishing standards for evaluating reasonableness of payments under viatical settlement contracts for persons terminally or chronically ill; b. Establishing appropriate licensing requirements, fees and standards for continued licensure for viatical settlement providers; c. Requiring a bond or other mechanism for financial accountability for viatical settlement providers; and d. Governing the relationship and responsibilities of insurers, viatical settlement providers, life insurance producers and others in the business of viatical settlements during the period of consideration or effectuation of a viatical settlement contract. L.2005,c.229,s.15.
NJ Rev Stat § 17B:30B-16 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:30B-16 - Construction of act with Uniform Securities Law.

17B:30B-16 Construction of act with Uniform Securities Law.  16. Nothing in this act shall be construed to preempt or otherwise limit the provisions of the "Uniform Securities Law (1967)," P.L.1967, c.93 (C.49:3-47 et seq.) or any regulations, orders, policy statements, notices, bulletins, or other interpretations issued by or through the Attorney General or his designee acting pursuant thereto. Compliance with the provisions of this act does not constitute compliance with any applicable provisions of the "Uniform Securities Law (1967)." L.2005,c.229,s.16.
NJ Rev Stat § 17B:30B-17 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:30B-17 - Continuation of negotiating viatical settlements, certain circumstances prior to act.

17B:30B-17 Continuation of negotiating viatical settlements, certain circumstances prior to act.  17. a. Notwithstanding the provisions of sections 1 through 16 of this act, a person who has lawfully negotiated viatical settlement contracts between a viator and one or more viatical settlement providers for at least one year immediately prior to the effective date of this act may continue to negotiate viatical settlements in this State for a period of one year from the effective date of this act, provided that person registers with the department on a form prescribed by the department. The registration form shall be published by the department not later than 30 days from the effective date of this act and shall require a person registering to evidence that he has lawfully negotiated viatical settlement contracts and include an acknowledgment by that person that he will operate in accordance with and comply with this act. b. A viatical settlement provider that is either licensed or is lawfully transacting business in this State immediately prior to the effective date of this act may continue to do so pending approval or disapproval of the viatical settlement provider's application for a license pursuant to this act. L.2005,c.229,s.17.
NJ Rev Stat § 17B:30B-18 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:30B-18 - Engaging in stranger-originated life insurance prohibited.

17B:30B-18 Engaging in stranger-originated life insurance prohibited.  1. a. No person shall directly or indirectly engage in any act, practice or arrangement that constitutes stranger-originated life insurance. b. A contract, agreement, arrangement, or transaction, including, but not limited to, a financing agreement or any other arrangement or understanding entered into, whether written or verbal, for the furtherance or aid of a stranger-originated life insurance policy or practice shall be void and unenforceable at the outset. c. A trust that is created to give the appearance of an insurable interest and that is used to initiate or procure policies for investors shall be in violation of the insurable interest laws of this State and the prohibition against wagering on life.  d. Notwithstanding the provisions of N.J.S.17B:25-4, a life insurer may contest a life insurance policy on the grounds that it was obtained by a stranger-originated life insurance practice, as defined in this section, at any time. e. (1) As used in this section, "stranger-originated life insurance" or "STOLI" means an act, practice or arrangement to initiate or procure the issuance of a policy in this State for the benefit of a third-party investor who, at the time of policy inception has no insurable interest under the laws of this State in the life of the insured. (2) STOLI practices shall include, but shall not be limited to, cases in which: (a) a policy is purchased with resources or guarantees from or through a person or entity who, at the time of policy inception, could not lawfully initiate or procure the policy himself, herself, or itself; and (b) at the time of policy inception, there exists an arrangement or agreement, to transfer, directly or indirectly, the ownership of that policy or the policy benefits to a third party. f. A STOLI arrangement shall not include an otherwise lawful viatical settlement contract as permitted by the "Viatical Settlements Act," P.L.2005, c.229 (C.17B:30B-1 et seq.). L.2020, c.105, s.1.
NJ Rev Stat § 17B:30B-19 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:30B-19 - Violations, remedies, penalties.

17B:30B-19 Violations, remedies, penalties.  2. a. The Commissioner of Banking and Insurance may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the commissioner determines are necessary to restrain the person from committing a violation of this act. b. Any person damaged by the acts of a person in violation of this act may bring a civil action against the person committing the violation in a court of competent jurisdiction. c. The commissioner may issue, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a cease and desist order upon a person that violates any provision of this act, any regulation or order adopted by the commissioner, or any written agreement entered into with the commissioner. d. When the commissioner finds that an activity in violation of this act presents an immediate danger to the public that requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order shall be effective immediately upon service of a copy of the order on the respondent and shall remain effective for 90 days. If the commissioner begins non-emergency cease and desist proceedings, the emergency cease and desist order shall remain effective, absent an order by a court of competent jurisdiction pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). e. In addition to the penalties and other enforcement provisions of this act, any person who violates this act shall be subject to civil penalties of up to $10,000 per violation which may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The commissioner's order may require a person found to be in violation of this act to make restitution to persons aggrieved by violations of this act. f. A violation of this act shall be considered an unfair trade practice pursuant to N.J.S.17B:30-1 et seq. and shall be subject to the penalties contained in N.J.S.17B:30-17. L.2020, c.105, s.2.
NJ Rev Stat § 17B:30B-20 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:30B-20 - Regulations.

17B:30B-20 Regulations.  3. The Commissioner of Banking and Insurance shall promulgate regulations implementing the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.2020, c.105, s.3.
NJ Rev Stat § 17B:32-31 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-31 - Short title, purpose of act

17B:32-31. Short title, purpose of act  1. a. This act shall be known and may be cited as the "Life and Health Insurers Rehabilitation and Liquidation Act."  b. The purpose of this act is the protection of the interests of insureds, claimants, creditors and the public generally through:  (1) Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures;  (2) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the life and health insurance industry;  (3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;  (4) Equitable apportionment of any unavoidable loss; (5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extending the scope of personal jurisdiction over debtors of the insurer outside this State;  (6) Regulation of the insurance industry by the impact of the law relating to delinquency procedures and substantive rules on the entire life and health insurance industry; and  (7) Providing for a comprehensive scheme for the rehabilitation and liquidation of life and health insurers and others subject to this act as part of the regulation of the business of insurance, insurance industry and insurers in this State. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.  L.1992,c.65,s.1.
NJ Rev Stat § 17B:32-32 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-32 - Application of authorized proceedings

17B:32-32. Application of authorized proceedings  2. The proceedings authorized by this act shall be applied to: a. All insurers who are doing, or have done, insurance business in this State, and against whom claims arising from that business may exist now or in the future.  b. All insurers who purport to do insurance business in this State. c. All insurers who have insureds residing in this State. d. All other persons organized or in the process of organizing with the intent to do life or health insurance or annuity business in this State.  L.1992,c.65,s.2.
NJ Rev Stat § 17B:32-34 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-34 - Jurisdiction over delinquency proceedings

17B:32-34. Jurisdiction over delinquency proceedings  4. a. No delinquency proceeding shall be commenced under this act by anyone other than the commissioner and no court shall have jurisdiction to entertain, hear or determine any proceeding commenced by any other person.  b. No court of this State shall have jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this act.  c. In addition to other grounds for jurisdiction provided by the law of this State, a court of this State having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the Rules Governing the Courts of the State of New Jersey or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this State:  (1) If the person served is an agent, broker or other person who has at any time written policies of insurance for, or has acted in any manner whatsoever on behalf of, an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;  (2) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;  (3) If the person served is or has been an officer, director, manager, trustee, organizer, promoter or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;  (4) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or  (5) If the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation.  d. If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this State, the court may enter an appropriate order to stay further proceedings on the action in this State.  e. All actions authorized pursuant to this section shall be brought in the Superior Court.  L.1992,c.65,s.4.
NJ Rev Stat § 17B:32-35 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-35 - Restraining orders, injunctions

17B:32-35. Restraining orders, injunctions  5. a. Any receiver appointed in a proceeding under this act may at any time apply for, and the Superior Court may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:  (1) The transaction of further business; (2) The transfer of property; (3) Interference with the receiver or with a proceeding under this act;  (4) Waste of the insurer's assets; (5) Dissipation and transfer of bank accounts; (6) The institution or further prosecution of any actions or proceedings;  (7) The obtaining of preferences, judgments, attachments, garnishments or liens against the insurer, its assets or its policyholders;  (8) The levying of execution against the insurer, its assets or its policyholders;  (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;  (10) The withholding from the receiver of books, accounts, documents or other records relating to the business of the insurer; or  (11) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors or shareholders, or the administration of any proceeding under this act.  b. The receiver may apply to any court outside of this State for the relief described in subsection a. of this section.  L.1992,c.65,s.5.
NJ Rev Stat § 17B:32-36 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-36 - Cooperation with commissioner in proceedings

17B:32-36. Cooperation with commissioner in proceedings  6. a. Any officer, manager, director, trustee, owner, employee or agent of any insurer, or any other person with authority over or in charge of any segment of the insurer's affairs, including any person who exercises control directly or indirectly over activities of the insurer through any holding company or other affiliate of the insurer, shall cooperate with the commissioner in any proceeding under this act or any investigation preliminary to the proceeding. The term "cooperate" shall include, but shall not be limited to, the following:  (1) Replying promptly in writing to any inquiry from the commissioner requesting such a reply; and  (2) Making available to the commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody or control.  b. No person shall obstruct or interfere with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.  c. This section shall not be construed to abridge any other existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders.  d. Any person who fails to cooperate with the commissioner pursuant to subsection a. of this section, or who obstructs or interferes with the commissioner pursuant to subsection b. of this section, or who violates any order the commissioner issued validly under this act shall:  (1) Be subject to a civil penalty of not more than $10,000 or to imprisonment for not more than one year, or both; or  (2) After a hearing, be subject to an administrative penalty imposed by the commissioner of not more than $10,000 and to the revocation or suspension of any insurance licenses issued by the commissioner.  L.1992,c.65,s.6.
NJ Rev Stat § 17B:32-37 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-37 - Proceedings previously commenced deemed commenced under this act; exceptions, distribution of claims

17B:32-37. Proceedings previously commenced deemed commenced under this act; exceptions, distribution of claims  7. a. Every proceeding heretofore commenced under the laws in effect before the enactment of this act shall be deemed to have been commenced under this act henceforth for all purposes and shall be governed by the provisions of this act, including, but not limited to, section 41 of this act, except that, in the discretion of the commissioner, the proceeding may be continued, in whole or in part, as it would have been continued had this act not been enacted.  b. Notwithstanding the provisions of subsection a. of this section and section 41 of this act to the contrary, one-half of the direct, non-contingent obligations incurred on or after August 9, 1991, which prior to May 4, 1992, the insurer in rehabilitation under the supervision of the commissioner as rehabilitator had stipulated were due, and which stipulation has been ordered by the court supervising pending delinquency proceedings, shall have a priority of distribution pursuant to section 41 of this act which is after Class 3 claims under paragraph (3) of subsection a. of section 41 of this act and before Class 4 claims under paragraph (4) of subsection a. of section 41 of this act.  L.1992,c.65,s.7.
NJ Rev Stat § 17B:32-38 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-38 - Prohibitions relative to insurer subject to delinquency proceeding

17B:32-38. Prohibitions relative to insurer subject to delinquency proceeding  8. No insurer that is subject to any delinquency proceedings, whether administrative or judicial, shall:  a. Be released from that proceeding, unless that proceeding is converted into a judicial rehabilitation or liquidation proceeding;  b. Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority;  c. Be returned to the control of its shareholders or private management; or  d. Have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty associations.  L.1992,c.65,s.8.
NJ Rev Stat § 17B:32-39 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-39 - Filing of petition; court orders

17B:32-39. Filing of petition; court orders  9. a. The commissioner may file in the Superior Court of this State a petition alleging that, with respect to a domestic insurer:  (1) There exist any grounds that would justify a court order for a formal delinquency proceeding against an insurer under this act;  (2) The interests of policyholders, creditors or the public will be endangered by delay; and  (3) The contents of an order deemed necessary by the commissioner. b. Upon a filing under subsection a. of this section, the court may issue forthwith, ex parte and without a hearing, the requested order which shall direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business; and until further order of the court enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the commissioner.  c. The court shall specify in the order what its duration shall be, which shall be the time the court deems necessary for the commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold hearings it deems necessary after giving notice it deems appropriate, and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under this act after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this act shall ipso facto vacate the seizure order.  d. Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.  e. An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of the order for a hearing and review of the order. The court shall hold a hearing and review not more than 15 days after the request. A hearing under this subsection may be held privately in chambers and it shall be held privately in chambers if requested by the insurer proceeded against.  f. If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court.  L.1992,c.65,s.9.
NJ Rev Stat § 17B:32-40 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-40 - Confidentiality of documents, files, records, papers

17B:32-40. Confidentiality of documents, files, records, papers  10. In all proceedings and judicial reviews thereof under section 9 of this act, all records of the insurer, other documents, and all department files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the Superior Court, after hearing arguments from the parties in chambers, shall order otherwise; or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the Superior Court shall be held by him in a confidential file.  L.1992,c.65,s.10.