New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 17 - PRODUCER LICENSING › Subchapter 7 - REINSURANCE INTERMEDIARIES › Section 11:17-7.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the New Jersey Department of Insurance.
"Controlling person" means a person which directly or indirectly has the power to direct, or cause to be directed, the management, control or activities of the reinsurance intermediary.
"Insurer" means:
1. A corporation, association, partnership, reciprocal, exchange, interinsurer, Lloyd's insurer, fraternal benefit society or other person engaged in the business of insurance pursuant to 17:17-1 et seq. or 17B:17-1 et seq.;
2. A medical service corporation operating pursuant to 17:48A-1 et seq.;
3. A hospital service corporation operating pursuant to 17:48-1 et seq.;
4. A health service corporation operating pursuant to 17:48E-1 et seq.; and
5. A dental service corporation operating pursuant to 17:48C-1 et seq.
"Producer" means a person engaged in the business of an insurance agent, insurance broker or insurance consultant pursuant to N.J.S.A. 17:22A-1 et seq.
"Reinsurance intermediary" means a reinsurance intermediary-broker or a reinsurance intermediary-manager.
"Reinsurance intermediary-broker" means a person, other than an officer or employee of the ceding insurer, which solicits, negotiates or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of that insurer.
"Reinsurance intermediary-manager" means a person which has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department or underwriting office, and acts as an agent for that reinsurer whether known as a reinsurance intermediary-manager, manager or other similar term, except that the following persons shall not be considered a reinsurance intermediary-manager, with respect to that reinsurer, for the purposes of this subchapter:
1. An employee of the reinsurer;
2. A United States manager of a United States branch of an alien reinsurer;
3. An underwriting manager which, pursuant to contract, manages all or part of the reinsurance operations of the reinsurer, is under common control with the reinsurer, subject to 17:27A-1 et seq.; and whose compensation is not solely based on the volume of premiums written;
4. The manager of a group, association, pool or organization of insurers which engages in joint underwriting or joint reinsurance and who are subject to examination by the insurance commissioner or other similar regulatory officer of the state in which the manager's principal business office is located;
5. A licensed attorney-at-law who negotiates contracts or provides general financial counsel provided no commission or brokerage fee is provided.
"Reinsurer" means any person which engages in the activity of insuring part or all of an insurance risk from an originating or ceding insurer.