reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:32B-7 - Board of directors.

17B:32B-7 Board of directors.
7. a. The board of directors of the association shall consist of not less than five nor more than nine members, who shall be representative of the member organizations, serving terms as established in the plan of operation. The members of the board of directors shall be selected by a vote of the member organizations, subject to the approval of the commissioner, with each member organization entitled to one vote. Vacancies on the board of directors shall be filled for the remaining period of the term in the same manner as the initial appointment.
b. To allow for the selection of the initial board of directors and the organization of the association, the commissioner shall give notice to all member organizations of the time and place of an organizational meeting no later than 30 days following the effective date of this act. If the member organizations have not selected a suitable board of directors no later than 30 days following the organizational meeting, the commissioner may appoint the initial members of the board of directors.
c. In approving or appointing members to the board of directors, the commissioner shall consider, among other things, whether all member organizations are fairly represented. No representative of an association member that is exempt or becomes exempt from assessments pursuant to subsection e. of section 9 of this act shall be eligible for membership or remain on the board.
d. Members of the board of directors may be reimbursed from the assets of the association for reasonable expenses incurred by them as members of the board of directors, but shall not otherwise be compensated by the association for their services.
L.2000,c.12,s.7.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:32B-11 - Additional powers, duties of the commissioner.

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 this State and any other appropriate states for each member organization.
b. The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this State of any member organization which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a penalty on any member organization which fails to pay an assessment when due. That penalty shall not exceed five percent of the unpaid assessment per month, but no penalty shall be less than $100 per month.
c. Any action of the board of directors or the association may be appealed to the commissioner by a member organization if that appeal is taken within 30 days from the final action being appealed. If a member organization is appealing an assessment, the amount assessed shall be paid to the association and made available to meet association obligations during the pendency of an appeal. If the appeal of an assessment is successful, the amount paid in error or excess shall be returned to the member organization. Any determination of an appeal from an action of the board of directors shall be subject to review by the commissioner on the record below, and shall not be considered a contested case under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The commissioner's determination shall be a final agency decision subject to review by the Appellate Division of the Superior Court.
L.2000,c.12,s.11.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:32B-12 - Tax credit permitted for member organizations.

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 been issued pursuant to subsection i. of section 9 of this act. One-fifth of that credit amount may be applied against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) for each of the five privilege periods beginning on or after the third calendar year commencing after the assessment was paid, provided however, that no member organization may reduce that tax liability pursuant to this section by more than 20% of the amount (determined without regard to any other credits allowed pursuant to law) otherwise due for a privilege period. If a member organization should cease doing business in this State, any credit amounts not yet applied against its liability may be applied against its liability for tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) for the privilege period that it ceases to do business in this State.
b. Any sums that are acquired by a member organization as the result of a refund from the association pursuant to subsection g. of section 9 of this act are deemed to be assessment amounts for which a credit was allowed pursuant to subsection a. of this section. If the member organization has applied any amounts of the credit allowed pursuant to subsection a. of this section, then 50% of the amount of any refund shall be paid by the member organization to the State as the Director of the Division of Taxation in the Department of the Treasury may require until the amounts paid equal the amounts applied as credit. The association shall notify the commissioner and the director of any refunds made.
L.2000,c.12,s.12.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:32B-13 - Examination, regulation.

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 report in a form approved by the commissioner and a report of its activities during the preceding fiscal year.
b. The commissioner shall report annually to the Chairman and the Ranking Minority member of the Assembly Appropriations Committee and the Chairman and the Ranking Minority member of the Senate Budget and Appropriations Committee regarding the administration of the fund, including the status of pending litigation, the amount of claims made and the amount of any distributions on those claims, as well as the effects of the assessments under this act on the operations of member organizations.
L.2000,c.12,s.13.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:32B-14 - Exemption of association from certain fees, taxes.

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.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:32B-15 - Condition for receipt by providers of payments.

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 obligation incurred prior to insolvency, which would otherwise be paid by the organization had it not been insolvent. The foregoing shall not apply to any portion of an eligible claim owed to a provider by another insurer, health maintenance organization, or other payer through a coordination of benefits provision. The association is not bound by an assignment of benefits executed with respect to the coverage provided by the insolvent organization. The association may aggregate all eligible claims owed providers when negotiating direct payment of eligible claims of all covered individuals. Nothing in this act shall be construed to preclude any provider from collecting moneys owing to the provider from a self-insured benefit plan that contracted with an insolvent organization to pay claims on an administrative services only basis.
L.2000,c.12,s.15.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:32B-16 - Immunity from liability for member organizations, etc.

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 commissioner or his representatives, for any action or omission by them in the performance of their powers and duties under this act.
L.2000,c.12,s.16.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-1 - Short title

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 beneficiaries under insurance contracts or when such insurers place or send into this State any advertising designed to induce residents of this State to purchase insurance. It is in the interest of the State and of those residents of this State who purchase insurance from insurers which solicit insurance business in this State in the manner set forth in the preceding sentence that such insurers be subject to the provisions of this chapter and also that those residents who hold policies issued or delivered in this State by unauthorized insurers not be subjected to the obstacle of resorting to distant forums for the purpose of asserting legal rights under any policies. In furtherance of such state interest, there is provided herein a method of substituted service of process upon such insurers which is declared to be in the exercise of a state's power to protect its residents pursuant to the powers and privileges available to the State by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Session, s. 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states; the authority provided herein to be in addition to any existing powers of this State.
b. The provisions of this act shall be liberally construed.
L.1971, c. 144, s. 17B:33-1.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-2 - Acts constituting commissioner as process agent

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 discharging the duties of his office to be the true and lawful attorney of such insurer for the service upon him of all lawful process and other papers required by the practice of this State to be served in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of any contracts of insurance of the kinds defined in sections 17B:17-3, 17B:17-4 and 17B:17-5 and any such act shall signify its agreement that the service of such process and other papers shall have the same legal force, validity and effect as personal service of the same in this State upon such insurer:
a. the issuance or delivery of contracts of insurance to residents of this State or to corporations authorized to do business therein;
b. the solicitation or negotiation of applications for such insurance;
c. the collection of premiums, membership fees or dues, assessments or other considerations for such contracts;
d. any other transaction of business in relation to such contracts of insurance.
L.1971, c. 144, s. 17B:33-2.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-3 - Service of process on commissioner as process agent

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 papers in civil actions generally by delivering or by mailing by certified or registered mail, return receipt requested, 2 copies thereof, together with the fee prescribed by law, to the commissioner or to someone designated by him in his office. Such service shall be effective and valid notwithstanding that the county in which the court is situated or in which venue is laid is a county other than that in which the commissioner's office is located. Upon receipt of any such service, the commissioner shall within 2 days thereafter (excluding Saturdays, Sundays and holidays) mail one of said copies by certified or registered mail, return receipt requested to the defendant addressed to it at its principal place of business, or to its registered office or to a registered agent for service. The commissioner shall keep a record of all process and papers so served upon him and of the mailing thereof to defendant. Upon so giving notice to the defendant of the service made upon him on its behalf, the commissioner shall forward to the clerk of the court for filing his certificate of the service upon him and of the notice given by him.
L.1971, c. 144, s. 17B:33-3.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-4 - Service of process on persons acting on behalf of unauthorized insurer

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 within this State acting in the discharge of his duties. In addition to other forms of activity, any such person shall be deemed to be acting in this State on behalf of such insurer when he a. solicits or negotiates insurance, or b. makes, issues or delivers any contract of insurance, or c. collects or receives any premium, membership fees or dues, assessment or other consideration for insurance.
L.1971, c. 144, s. 17B:33-4.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-5 - Service of process by other means

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. 17B:33-5.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-6 - Judgment by default

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 actions generally, and no default or judgment based thereon shall be entered until after the expiration of such time.
L.1971, c. 144, s. 17B:33-6.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-7 - Deposit of bond by unauthorized insurer

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 court cash or securities or file with such clerk a bond approved by the court as to the sureties and in an amount fixed by it sufficient to secure the payment of any final judgment which may be rendered; provided, however, that the court may, on notice and hearing, dispense with such deposit or bond upon being satisfied that the insurer maintains, in a State of the United States, funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered; or b. procure a certificate of authority to transact the business of insurance in this State.
L.1971, c. 144, s. 17B:33-7.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-8 - Damages for unjustified refusal to pay

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 the insurer failed for 30 days after written demand accompanied by a copy of this section, all prior to the institution of the action, to make payment in accordance with the terms of the contract without presenting a colorable defense in law or fact, the plaintiff shall be entitled to recover consequential damages for such unjustified refusal as part of his cause of action, the said damages to be measured by the reasonable costs and expenses incurred by plaintiff, including costs and expenses for the services of counsel and for investigation, as well as interest, and the same shall be included in the damages set forth in the final judgment; but no item recoverable as costs in the action shall be included in such damages.
L.1971, c. 144, s. 17B:33-8.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:33-9 - Misrepresentation by unauthorized insurer; notice to domiciliary supervisory official; action

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 letter, or cause to be made in any newspaper, magazine or other publication, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of chapter 30 of Title 17B of the Revised Statutes and whenever the commissioner shall have reason to believe that any such insurer is engaging in such unlawful advertising, he shall give notice of such fact by registered or certified mail to such insurer and to the insurance supervisory official of the domiciliary State of such insurer. For the purpose of this section, the domiciliary State of an alien insurer shall be deemed to be the State of entry or the State of the principal office in the United States.
If after 30 days following the giving of notice, such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this State, and if the Commissioner has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this State or collecting premiums on such contracts or doing any of the acts enumerated in section 17B:33-2, the commissioner shall issue and serve upon such unauthorized insurer a statement of the charges in that respect and a notice of hearing pursuant to the Administrative Procedure Act (P.L.1968, c. 410) and any rules adopted thereunder for an order to cease and desist.
L.1971, c. 144, s. 17B:33-9.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-1 - Applicability of chapter

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 within the scope of this Code in those instances where and to the extent that the section or sections involved do not contain specific provisions for procedure, administration or the like.
L.1971, c. 144, s. 17B:34-1.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-2 - General policy

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 regulated activity and with the interests of the public. To that end, administrative action shall be prospective whenever feasible and appropriate; it shall provide a suitable period of time, and shall allow suitable and practicable means, for achieving and implementing the purposes of the action taken, either by provision in the step embodying the action taken or by proceedings supplementary thereto.
L.1971, c. 144, s. 17B:34-2.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-3 - Subsequently enacted laws

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, unless the same shall expressly provide otherwise. Any reference to the Revised Statutes or laws of New Jersey in this Code shall be deemed to refer to such Revised Statutes or laws of New Jersey as enacted and heretofore or hereafter amended or supplemented.
L.1971, c. 144, s. 17B:34-3.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-4 - Filing

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 return or refuse to file any matter required to be filed with him because of any technical defect of form or content, but in any such case he shall notify the person involved of the defect or defects and of a reasonable date by which a correction, amendment or supplement shall be supplied. Unless the commissioner states that intervening rights or interests are or may be affected, or unless the person making the same shall indicate otherwise, the correction, amendment or supplement shall relate back to the date of the initial filing of the matter. In the alternative, the person filing the matter may withdraw the defective filing.
L.1971, c. 144, s. 17B:34-4.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-5 - Submission for approval or determination

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 be taken to have been approved upon the expiration of 30 days after the filing thereof if no notice of disapproval, or of suspension and inquiry, shall be issued and if the matter is not withdrawn, within such time. The commissioner may extend the 30 day period referred to in the preceding sentence for not more than 30 additional days by giving written notice of such extension before the expiration of the initial 30 day period. In the event of such extension, the provisions of this section, except the provision for extension, relating to the initial 30 day period, shall apply to the extended period instead of such initial 30 day period. Approvals taking effect pursuant to this section may be relied upon by all persons with like effect as though there had been an affirmative written approval, during such a period as may ensue thereafter prior to the making of a subsequent order of disapproval on notice and hearing.
L.1971, c. 144, s. 17B:34-5.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-6 - Effect of withdrawals, approvals and the like

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 after notice and hearing unless the same be waived, but any such order shall be prospective only from a date specified therein or in an order on supplemental proceedings.
L.1971, c. 144, s. 17B:34-6.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-7 - Number of copies

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 matter but in any case where it is indicated to the commissioner that the furnishing of additional copies would be burdensome he may request, in lieu thereof, that a copy or copies be placed on deposit at a specified place or places, during stated hours and for a stated period, for the reasonable inspection thereof by persons having a proper interest therein.
L.1971, c. 144, s. 17B:34-7.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-8 - Subpoenas

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 except for good cause shown. All subpoenas shall be subject to modification or cancellation on application and upon a showing that the same is oppressive or unreasonable, that the witness or evidence to be produced is not reasonably related to the matter, or on any other proper ground. Any person failing or refusing to comply with the command of a subpoena may be ordered by a judge of the Superior Court, on application made by the commissioner or by the person at whose instance the subpoena was issued, and to be proceeded upon in a summary manner, to comply with the terms of the subpoena or else to be punished by the court for contempt.
L.1971, c.144; amended 1991,c.91,s.232.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-9 - Orders pending hearing

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 enter an appropriate order to be effective pending the hearing and until the entry of a final order. Such orders may be entered on ex parte proofs where the proofs are strong and the need is great, but ex parte orders shall be subject to application to vacate on 2 days' notice, and a preliminary hearing on the ex parte order shall be held in any event within not more than 20 days after entry thereof. In the alternative, or in addition thereto, the commissioner shall be authorized to institute a proceeding in the Superior Court, to be conducted in a summary manner, for an injunction against specified acts or conduct in aid of the proceedings pending before him, including temporary injunctions and interim restraints, upon a showing that such remedy would be more effective and complete.
L.1971, c. 144, s. 17B:34-9.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-10 - Judicial review; stay

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 completed, or to stay or suspend its taking effect, and the commissioner is authorized to do so as requested or on terms so long as it does not appear that the public interest will be prejudiced thereby. Any such action on the part of the commissioner shall be subject to modification or revocation.
L.1971, c. 144, s. 17B:34-10.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-11 - Matters not otherwise provided for

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 rule of court calculated to achieve a fair, efficient and proper presentation, management and disposition of the matter involved.
L.1971, c. 144, s. 17B:34-11.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:34-12 - Effect of Chapter

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, c. 144, s. 17B:34-12.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:35-1 - Certificate of authority existing prior to effective date of act; expiration; renewal

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 the last day of April next following such effective date, unless earlier terminated in accordance with this act. Such certificate of authority upon first renewal under this act shall be replaced by a certificate of authority in form as consistent with this act, and shall thereafter be subject to continuance, suspension, revocation or termination as though originally issued under this act.
L.1971, c. 144, s. 17B:35-1.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:35-2 - Licenses in force prior to effective date of act; continuance; expiration; renewal

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 expired under such law, unless earlier suspended, revoked, or terminated in accordance with this act. Such license upon first renewal under this act shall be replaced by a license in form consistent with this act, and shall thereafter be subject to continuation, suspension, revocation, or termination as though originally issued under this act.
L.1971, c. 144, s. 17B:35-2.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:35-3 - Form of insurance document, rate or filing lawfully used prior to effective date of act; continuance of use and effectiveness

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 to be so used or be effective until the commissioner otherwise prescribes pursuant to this act; except, that before expiration of one year from and after such effective date neither this act nor the commissioner shall prohibit the use of any such document, rate, or filing because of any power, prohibition, or requirement contained in this act which did not exist under laws in force immediately prior to such effective date, unless expressly otherwise provided in this act.
L.1971, c. 144, s. 17B:35-3.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 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

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 commissioner, or by any insurer in compliance with a condition precedent to or in connection with its certificate of authority to transact insurance in this State, and so on deposit immediately prior to the effective date of this act, shall be given full recognition as fulfillment, to the extent of such deposit, or any deposit so required for similar purposes under this act. The deposit shall hereafter be held for the purpose applicable thereto as specified in this act, and shall be subject in all respects to the provisions of this act applicable to similar deposits newly made under this act.
L.1971, c. 144, s. 17B:35-4.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:35-5 - References to repealed provisions as references to provisions of this act

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 those provisions of this act which are in substance the same or substantially the same as such repealed provisions.
L.1971, c. 144, s. 17B:35-5.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:35-6 - Impairment or effect on acts, offenses, rights, penalties, etc., prior to effective date of act

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 to the time this act takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if this act had not been passed.
L.1971, c. 144, s. 17B:35-6.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:35-7 - Insurer organized under any repealed act; continuance of existence and rights

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 insurer, but the existence of such insurer and the tenure of its officers and directors shall be preserved and such insurer, its officers, directors and policyholders shall have the same rights and shall be subject to the same limitations, restrictions, liabilities and penalties as those prescribed by this code for insurers organized under this code, their officers, directors and policyholders.
L.1971, c. 144, s. 17B:35-7.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:36-1 - Sections and acts saved from repeal

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.
17:24-1, 17:24-3, 17:24-5 through 17:24-12, both inclusive.
17:28-2.
17:29-7, 17:29-10 through 17:29-12, both inclusive.
17:32-4, 17:32-5, 17:32-8, 17:32-9, 17:32-10, 17:32-13.
b. The following acts are saved from repeal:
P.L.1951, Chapter 206 (C. 17:17-14).
P.L.1938, Chapter 289, s.s. 6, 7, 8 (C. 17:18-13, 17:18-14, 17:18-15).
P.L.1966, Chapter 50 (C. 17:22-6.2a).
P.L.1944, Chapter 175, s.s. 5, 15, 18, 19, 22, 23, 26, 27, 28 (C. 17:22-6.5, 17:22-6.15, 17:22-6.18, 17:22-6.19, 17:22-6.22, 17:22-6.23, 17:22-6.26, 17:22-6.27, 17:22-6.28).
P.L.1948, Chapter 462 (C. 17:22-6.35 and C. 17:22-6.36).
P.L.1960, Chapter 32, s.s. 6-33, both inclusive, 1, 2 (C. 17:22-6.40 to 17:22-6.67, both inclusive, 17:22-6.68 and 17:22-6.69).
P.L.1967, Chapter 201, s.s. 9, 10 (C. 17:24-25, 17:24-26).
P.L.1938, Chapter 259 (C. 17:27-5A).
P.L.1968, Chapter 385 (C. 17:28-1.1, 17:28-1.2).
P.L.1939, Chapter 74 (C. 17:28-4 through 17:28-7, both inclusive).
P.L.1950, Chapter 271, s. 2 (C. 17:28A-3).
P.L.1947, Chapter 379, s. 14 (C. 17:29B-14).
P.L.1968, Chapter 234, s. 7 (C. 17:32-22).
P.L.1968, Chapter 318, s. 14 (C. 17:35B-14).
P.L.1959, Chapter 168 (C. 17:38-1.1 and 17:38-1.2).
P.L.1951, Chapter 237, s. 13 (C. 17:38-13.12).
P.L.1970, Chapter 22 (C. 17:27A-1 to C. 17:27A-14, both inclusive).
L.1971, c. 144, s. 17B:36-1.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:36-2 - Sections and acts repealed

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 inclusive; 17:34-8 through 17:34-17, both inclusive; 17:34-19 through 17:34-21, both inclusive.
17:34-22.
17:34-23 through 17:34-25.1, both inclusive.
17:34-26 and 17:34-27.
17:34-31 and 17:34-32.
17:34-33 through 17:34-43, both inclusive.
17:34-44 through 17:34-48, both inclusive.
17:38-1.
b. The following acts are repealed entirely:
P.L.1944, Chapter 175, s. 24 (C. 17:22-6.24).
P.L.1949, Chapter 248, s. 3 (C. 17:24-15).
P.L.1967, Chapter 201, s.s. 1 through 8, both inclusive, and 11 (C. 17:24-17 through C. 17:24-24, both inclusive, and C. 17:24-27).
P.L.1950, Chapter 276 (C. 17:28A-1).
P.L.1950, Chapter 271, s. 1 (C. 17:28A-2).
P.L.1943, Chapter 15 (C. 17:34-3.2 through C. 17:34-3.10, both inclusive).
P.L.1949, Chapter 198, s. 2 (C. 17:34-3.11).
P.L.1953, Chapter 156 (C. 17:34-3.12 through C. 17:34-3.22, both inclusive).
P.L.1943, Chapter 148, s.s. 1 and 2 (C. 17:34-21.1 and C. 17:34-25.2).
P.L.1946, Chapter 119 (C. 17:34-22.1).
P.L.1957, Chapter 62, s. 3 (C. 17:34-25.3).
P.L.1950, Chapter 301, s. 3 (C.17:34-32.2).
P.L.1969, Chapter 97 (C. 17:34-32.3).
P.L.1940, Chapter 208, s.s. 1 through 5, both inclusive, and 7 (C. 17:34-43.1 through C. 17:34-43.5 and C. 17:34-43.7).
P.L.1946, Chapter 154 (C. 17:34-49, C. 17:34-50 through C. 17:34-58).
P.L.1961, Chapter 82, s. 82 (C. 17:34-49.1).
P.L.1959, Chapter 122, s.s. 1 through 5 (C. 17:35A-1 through C. 17:35A-5).
P.L.1959, Chapter 123 (C. 17:35A-6 through C. 17:35A-13).
P.L.1968, Chapter 318, s.s. 1 through 13 (C. 17:35B-1 through C. 17:35B-13).
P.L.1951, Chapter 237, s.s. 2 through 4, 6 through 12 (C. 17:38-13.1 through C. 17:38-13.3, both inclusive, C. 17:38-13.5 through C. 17:38-13.11, both inclusive).
P.L.1967, Chapter 33 (C. 17:38-13.13).
P.L.1939, Chapter 305, s.s. 1, 2, 4, 5, 6 and 7 (C. 17:38-14, C. 17:38-15, C. 17:38-17 through C. 17:38-20).
P.L.1967, Chapter 35 (C. 17:38-20.1).
P.L.1967, Chapter 276 (C. 17:38-20.2).
P.L.1958, Chapter 169 (C. 17:38A-1 through C. 17:38A-15).
P.L.1949, Chapter 156 (C. 17:18-12.1).
L.1971, c. 144, s. 17B:36-2.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:37-1 - Short title, findings, declarations.

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 compacting states, are to:
(1) promote and protect the interests of consumers of individual and group annuity, life insurance, disability income, and long-term care insurance products;
(2) develop uniform standards for insurance products covered under this act;
(3) establish a central clearinghouse to receive and provide prompt review of insurance products covered under the compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more compacting states;
(4) give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;
(5) improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and the review of insurance products covered under the compact;
(6) create the Interstate Insurance Product Regulation Commission; and
(7) perform these and any other related functions as may be consistent with the State's regulation of the business of insurance.
L.2010, c.120, s.1.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:37-3 - "Interstate Insurance Product Regulation Commission."

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 standards for product lines, receive and provide prompt review of products filed therewith, and give approval to those product filings satisfying applicable uniform standards; however, it is not intended for the commission to be the exclusive entity for receipt and review of insurance product filings. Nothing in this act shall prohibit an insurer from filing its product in any state in which the insurer is licensed to conduct the business of insurance, which filing shall be subject to the laws of the state where filed.
b. The commission is a body corporate and politic, and an instrumentality of the compacting states.
c. The commission is solely responsible for its liabilities except as otherwise specifically provided in this act.
d. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.
L.2010, c.120, s.3.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:37-6 - Meetings, actions.

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 participate in the business and affairs of the commission. A member shall vote in person or by other means as provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication.
c. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
L.2010, c.120, s.6.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:37-9 - Resolution of disputes, issues subject to compact.

17B:37-9 Resolution of disputes, issues subject to compact.
9. The commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to the compact and which may arise between two or more compacting states, or between compacting states and non-compacting states, and the commission shall promulgate an operating procedure providing for resolution of those disputes.
L.2010, c.120, s.9.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:37-10 - Approval process for product.

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 prevent an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct the business of insurance, and that filing shall be subject to the laws of the states where filed.
b. The commission shall establish appropriate filing and review processes and procedures pursuant to commission rules and operating procedures. Notwithstanding any provision in this act to the contrary, the commission shall promulgate rules to establish conditions and procedures under which the commission will provide public access to product filing information. In establishing these rules, the commission shall consider the interests of the public in having access to that information, as well as protection of personal medical and financial information and trade secrets, which may be contained in a product filing or supporting information.
c. Any product approved by the commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business.
L.2010, c.120, s.10.
2023 New Jersey Revised Statutes › Title 17B - Insurance › Section 17B:37-11 - Disapproved product or advertisement; appeal.

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 determination to a review panel appointed by the commission. The commission shall promulgate rules to establish procedures for appointing those review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or advertisement filed with the commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with subsection d. of section 3 of this act.
b. The commission shall have the authority to monitor, review, and reconsider products and advertisements subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. Where appropriate, the commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process pursuant to subsection a. of this section.
L.2010, c.120, s.11.