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The Office of Property and Casualty
 

The Office of Property and Casualty of the Department of Banking and Insurance is charged with the regulation of rates, rules and forms for property and casualty insurance. The section regulates personal, commercial and title insurance sold in the state.

The rate and rule review process ensures that companies charge rates which are adequate to pay claims while not being excessive. The policy form review guarantees that the policy forms comply with statutes, regulations and departmental guidelines.

The section does not quote or sell personal, commercial or title insurance to the public.

Note: Questions on Producer Licensing should be directed to the Insurance Licensing Section.

Note: Consumer complaints and questions involving insurance must be submitted to the Consumer Inquiry and Response Center (CIRC) in writing.

 
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 Insurer Contact Information
 
Property & Casualty Staff

NJ Department of Banking and Insurance
20 W. State St.
PO Box 325
Trenton, NJ 08625-0325

Phone: 609-292-7272
PO Box 325
Trenton, NJ 08625-0325
 
Important Notice
The following contacts are for Insurance Companies only. 

If you are a consumer, for assistance please call our Consumer Hotline 1-800-446-7467 or visit our Consumer Inquiries page.

Questions on Producer Licensing should be directed to the Insurance Licensing Section.

Questions about Workers' Compensation should be directed to the New Jersey Compensation Rating and Inspection Bureau at (973) 622-6014.

 
 
Homeowners, Dwelling Fire, Title, Personal Inland Marine, Pet Health, Flood, Commercial Lines excluding Auto, Professional Liability and Medical Malpractice
Bill Horner
Manager
E-mail: Bill.Horner@dobi.nj.gov
Phone: 609-940-7525
 
Personal and Commercial Auto, Personal Umbrella, Medical Malpractice and Professional Liability
Carmen Williams
Manager
E-mail: Carmen.Williams@dobi.nj.gov
Phone: 609-940-7602
 
Information for All Lines
  • Exemptions - There exists certain commercial lines which are exempt from the Department of Banking and Insurance filing requirements. These items are contained on the Commissioner's Special Risks List and the Commissioner's Exportable List, N.J.A.C. 11:1-34.6. Each year end, a hearing is held to discuss the exportable list contents. Additions and/or deletions to the list occur as a result of these annual hearings.
 
System for Electronic Rate and Form Filing (SERFF)


Effective January 1, 2009
the Office of Property and Casualty, and the Office of Solvency Regulation will no longer accept any personal or commercial lines rate, rule and forms filings submitted to the Department other than through SERFF in accordance with N.J.A.C. 11:1-2.1. Any property and casualty, and purchasing group paper filings received after December 31, 2008 will be closed and returned to the company without review.

Insurers, rating organizations, and authorized filers may sign up to use the SERFF system by contacting the SERFF marketing team at serffmktg@naic.org.

For property/casualty SERFF information in New Jersey contact Candace Speck or Harry Davenport.


System for Electronic Rate and Form Filing (SERFF)
   
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Withdrawal of Business

Informational Withdrawal

A withdrawal informational filing must be submitted to the Department in order to withdraw from writing a program or line of insurance in New Jersey.  The Office of Property and Casualty on behalf of the Commissioner of the Department of Banking and Insurance is responsible for the review of such transactions pursuant to N.J.S.A. 17:17-10 and 17:33B-30 and N.J.A.C. 11:2-29.1 et seq., the statutes and regulations governing withdrawals. 

In accordance with N.J.S.A. 17:17-10b and N.J.A.C. 11:2-29.3, non-renewals shall not commence prior to one calendar year and 90 days following the submission of the informational filing, a notice of non-renewal shall be sent to every policyholder no later than one year preceding the date of non-renewal, and the non-renewal period shall not exceed three years. 

Pursuant to N.J.A.C. 11:2-29.4, an insurer may request a waiver of the one-year and 90 day waiting period pursuant to N.J.S.A. 17:17-10b(2) or 17:33B-30a(2), a waiver of the requirement to send non-renewal notices no later than one year prior to the dates of the non-renewals set forth in N.J.S.A. 17:17-10b(3) and 17:33B-30a(3), and a waiver of the maximum three year non-renewal period set forth in N.J.S.A. 17:17-10b(4) and 17:33B-30a(4).  If waivers are requested, the informational filing must be submitted at least 120 days prior to the proposed date of initial non-renewal.

The informational filing should contain the following:

  • Reason for the Withdrawal

  • Copy of the Policyholder Notice of Intent to Withdraw pursuant to N.J.S.A. 17:17-10b(1), 17:33B-30a(1) and N.J.A.C. 11:2-29.3(h) (see Sample Notice for Single Line and for Multiple Lines)

  • If no waivers are requested, a copy of the one-year non-renewal notice required pursuant to N.J.S.A. 17:17-10b(3) and 17:33B-30a(3)

  • Copy of the producer notice

  • Copy of the non-renewal notice (see Sample Notice for Single Line and for Multiple Lines)

  • The lines of insurance and/or programs(s) to be withdrawn

  • The number of exposures and number of policies to be non-renewed

  • The total in-force premium impact as a result of the transaction.  For multiple lines and/or programs, provide the premium separately.

  • Market share by line including the following:
    • For Private Passenger Automobile insurance, exposures by territory
    • For Homeowners’ insurance, exposures by wind map zip codes and, separately, any additional zip codes that fall within the insurer’s definition of “coastal area”

  • A list of producers and their current business addresses

  • Provide the proposed duration of the non-renewal of the book of business

  • Pursuant to N.J.A.C. 11:2-29.5, if a replacement carrier is utilized, then it must meet the following requirements:
    • The replacement carrier must be authorized to transact the line or lines of business being transferred.
    • The replacement carrier must demonstrate to the satisfaction of the Department that it will be able to maintain a net premium-to-surplus ratio of not more than 2.5 to one for five years after the transfer.
    • The replacement carrier must certify that it will comply with N.J.S.A. 17:22-6.14a(n) with respect to agents’ rights.
    • If the replacement carrier has not transacted the particular line involved in the transfer, then the replacement carrier must demonstrate that it possesses the requisite services and experience such that its methods of operation will not be hazardous to the policyholders of this state.
    • If the replacement carrier is not domiciled in this State, then the replacement carrier must provide evidence that it has notified its domiciliary regulator of its intent to assume the business, and that the domiciliary regulator does not object to such action.

  • For inter-company transfers, the requirements under N.J.A.C. 11:2-29.5 for replacement carriers may not be applicable.

Block Non-Renewal

Plans for block non-renewals and block cancellations are subject to N.J.A.C. 11:1-22.1 through 11:1-22.3 and must be submitted 30 days prior to the issuance of any notice of non-renewal or cancellation.  In accordance with N.J.A.C. 11:1-22.2, the plan shall contain the following:

  • The reason(s) for the block non-renewal or block cancellation and the names of all companies involved

  • The line of insurance or program affected

  • The number of policies or exposures being non-renewed or cancelled

  • The company’s market share for the affected line of business

  • The criteria being used for the block non-renewal or block cancellation

  • Copy of the proposed non-renewal notice or cancellation notice (see Sample Notice)
 
Commercial Automobile


All commercial motor vehicles registered or principally garaged in New Jersey are mandated by law to maintain automobile liability insurance, N.J.S.A. 39:6B et seq. Commercial auto coverage may be obtained on a voluntary basis or through a licensed producer certified by the New Jersey Auto Insurance Plan.

Commercial automobile voluntary submissions are subject to the Deregulation Act of 1982, N.J.S.A. 17:29AA-1 et seq.

Rate/rule submissions are subject to N.J.S.A. 17:29AA-5 and N.J.A.C. 11:13-8.1, Use and File within 30 days. Form submissions are subject to N.J.S.A. 17:29AA-6 and N.J.A.C. 11:13-2.1(c), File and Use 30 days prior to use.

 
NJ Commercial Automobile Insurance Plan (CAIP)


Established January 1, 1984 under N.J.S.A. 17:29D-1 and implemented by N.J.A.C. 11:3-1.2, to provide coverage for a commercial automobile risk unable to obtain coverage in the voluntary market.

Rates, rules and forms are subject to prior approval by the Commissioner before being implemented.

CAIP may be contacted at:
New Jersey Commercial Automobile Insurance Plan
Mount Laurel Corporate Center
10000 Midlantic Drive
Suite 403 West
Mount Laurel, NJ 08054

Telephone: 1-800-652-2471 or 856-722-0030

 
Commercial Lines Other Than Commercial Automobile


Commercial lines submissions are processed in accordance with the Commercial Lines Deregulation Act, N.J.S.A. 17:29AA-1 et seq. and N.J.A.C. 11:13 et seq.

Rates/Rules are subject to N.J.S.A. 17:29AA-5 and N.J.A.C. 11:13-8.1, Use and File within 30 days. Forms are subject to N.J.S.A. 17:29AA-6, File and Use 30 days prior to becoming effective.

There exists certain commercial lines which are exempt from the Department of Banking and Insurance filing requirements. These items are contained on the Commissioner's Special Risks List and the Commissioner's Exportable List (See Order No. A15-109), N.J.A.C. 11:1-34.6. Each year end, a hearing is held to discuss the exportable list contents. Additions and/or deletions to the list occur as a result of these annual hearings.

The definition of “Special Risk” in accordance with The Commercial Lines Deregulation Act, N.J.S.A. 17:29AA—3k is those lines as specified on the Special Risk List, commercial lines insurance risks that produce minimum annual premiums in excess of $10,000, inland marine insurance or fidelity, surety or forgery bonds.

  • Guaranty Fund Surcharge - N.J.A.C. 11:1-6.1 (See Orders
 
Personal Automobile

All private passenger vehicles are mandated by law to maintain automobile liability insurance, N.J.S.A. 39:6A et seq. Personal auto coverage may be obtained on a voluntary basis or through the New Jersey Personal Automobile Insurance Plan.


Rates, Rules and Forms are subject to prior approval by the Commissioner and must be filed in accordance with N.J.S.A. 17:29A et seq. Other significant statutes and regulations are listed below:

Please Note for Appendix A and Exhibit B
All filings shall be accompanied by the following certification signed by an officer of the filer:
"I _______ certify that the attached filing complies with all statutory and regulatory requirements and that all the information it contains is true and accurate. I further certify that I am authorized to execute this certification on behalf of the filer."
  • Calculation of Maximum Expenses for Prior Approval/Limited Auto Rate Filings
  • Requirements for Filing a Downward Deviation in Currently Approved Rates - N.J.A.C. 11:1-16
  • Guaranty Fund Surcharge - N.J.A.C. 11:1-6.1 (See Orders
  • Mass Marketing of Property and Liability Insurance - N.J.A.C. 11:2-12.1
  • New Jersey Plain Language Law - N.J.A.C. 11:2-18.1
  • Renewal and Nonrenewal of Automobile Insurance Policies - N.J.A.C. 11:3-8
  • Cancellation of Automobile Policies - N.J.S.A. 17:29C-6
  • Implementation of ID Card Rule - N.J.A.C.  11:3-6 
  • Notice to Policyholders of Consumer Rate Increases (Per N.J.S.A. 52:27EE-51 and N.J.A.C. 11:1-45.1) - Notices must be sent to policyholders and the Division of Rate Counsel must be copied on all prior approval increases over 7% or when an insurer has filed for one or more prior approval rate filing(s) for implementation within a 12 month period and the impact of the filing(s) is a combined overall increase of more than seven percent. Please Note: The Division of Rate Counsel requires paper copies of these filings.

    Please note the address for the Division of Rate Counsel is as follows:

    Mailing Address:
    The Division of Rate Counsel
    140 E. Front St., 4th Floor
    PO Box 003
    Trenton, NJ 08625
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New Jersey Personal Auto Insurance Plan (PAIP)


Established October 1, 1992 pursuant to N.J.S.A. 17:29D-1 and implemented by N.J.A.C. 11:3-2.1, PAIP is the residual market mechanism for writing personal auto risks not eligible in the voluntary market. In addition, this oversees the SAIP.

Rates, rules and forms must be approved by the commissioner before being implemented.

PAIP may be contacted at:
New Jersey Personal Automobile Insurance Plan
Mount Laurel Corporate Center
10000 Midlantic Drive
Suite 403 West

Mount Laurel, NJ 08054
Telephone: 1-800-652-2471 or 856-722-0030

 
Personal Lines Other Than Auto

All Personal Lines Other Than Auto rates, rules and policy forms are subject to New Jersey's Prior Approval Laws. Coverages included under personal lines other than auto are: homeowners, dwelling fire, inland marine, pet, excess/umbrella, credit, involuntary unemployment and title insurance.

Rates, rules and forms are subject to N.J.S.A. 17:29A et seq. Other significant statutes and regulations are listed below:

  • Fire Insurance: Policy forms to be filed - N.J.S.A. 17:36-1
  • Domestic Servants or Household Employees: Coverage required on comprehensive personal liability and homeowners policies - N.J.S.A. 17:36-5.29
  • Title Insurance Companies - N.J.S.A. 17:46B-1
  • Pet Insurance - N.J.S.A. 17:46D-1
  • FAIR Plan Surcharge - N.J.A.C. 11:1-5.1
  • Guaranty Fund Surcharge - N.J.A.C. 11:1-6.1 (See Orders
  • Mass Marketing of Property and Liability Insurance - N.J.A.C. 11:2-12.1
  • New Jersey Plain Language Law - N.J.A.C. 11:2-18.1
  • Cancellation and Nonrenewal of Commercial and Homeowners Insurance Policies - N.J.A.C. 11:1-20.1
  • Homeowners Insurance Standard Hurricane Deductibles - N.J.A.C. 11:2-42.7 et seq.
  • Expedited Process for Homeowners Insurance Rate Changes - N.J.A.C. 11:2-42.1
  • Exhibits B (Size of Rate Change Distribution) and C above are typically requested as part of the review of prior approval rate filings.
  • Notice to Policyholders of Consumer Rate Increases (Per N.J.S.A. 52:27EE-51 and N.J.A.C. 11:1-45.1) - Notices must be sent to policyholders and the Division of Rate Counsel must be copied on all prior approval increases over 7% or when an insurer has filed for one or more prior approval rate filing(s) for implementation within a 12 month period and the impact of the filing(s) is a combined overall increase of more than seven percent. Please Note: The Division of Rate Counsel requires paper copies of these filings.

    Please note the address for the Division of Rate Counsel is as follows:

    Mailing Address:
    The Division of Rate Counsel
    140 E. Front St., 4th Floor
    PO Box 003
    Trenton, NJ 08625
 
New Jersey Insurance Underwriting Association (FAIR Plan)


The New Jersey Insurance Underwriting Association was organized in 1968, pursuant to N.J.S.A. 17:37A 1-22. Today NJIUA is the Administrator of the Property FAIR Plan and the Crime Indemnity Plan.

They were created by the insurance industry as a means to make property insurance more readily available to people who have difficulty obtaining coverage from voluntary market insurers because their property is considered "high risk."

Rates, rules and forms are subject to prior approval by the Commissioner before being implemented.

The FAIR Plan may be contacted at:
New Jersey Insurance Underwriting Association

570 Broad Street, Suite 500
PO Box 32609
Newark, NJ 07102

Telephone: (973) 622-3838
Fax: (973) 622-6357
Claims Fax: (973) 297-5033
Underwriting Fax: (973) 297-5032

Web site: www.njiua.org

 
Oil Tanks
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Statistical


Property and Casualty insurers are required by law to prepare and submit extensive statistical reports to assist the Department with its regulatory obligations.

N.J.S.A. 17:29A-5 (for personal lines) and N.J.S.A. 17:29 AA-16 (for commercial lines) requires companies to report their statistics to approved statistical agents using approved statistical plans. The statistical agents compile and report the combined data to the Department by line of insurance at least annually.

N.J.A.C 11:3-20 requires private passenger auto writers to file an Excess Profit Report on July 1.

N.J.A.C. 11:3-3A requires private passenger auto writers to report semi-annually the in-force data for the voluntary and residual (PAIP) markets.

N.J.A.C. 11:3-45 requires private passenger auto writers to annually file premium survey examples in the format specified by a bulletin issued annually.

N.J.A.C. 11:2-42.10 requires homeowner writers to report semi-annually producer and exposure data. (Homeowners Market Survey)


N.J.A.C. 11:27-13 requires medical malpractice insurers who write physicians and surgeons to submit information on premium modifiers.

N.J.S.A. 17:30D and N.J.A.C. 11:1-7 require medical malpractice insurers who write physicians and surgeons to submit information on individual closed claims.

Licensed companies must first file on a prior approval basis for both commercial, personal and title, a complete rating system of rates, rules and forms before providing coverage in New Jersey. Companies may submit the rating systems directly to the Department or have them filed on their behalf by a rating/advisory organization. N.J.S.A. 17:29A-3 details the method for becoming a member of a rating organization. Companies must receive notification from the Department of Banking and Insurance that they are authorized to use the filed rating system before writing insurance.

 
Open Public Records Act (OPRA)

Requests for public property/casualty records must be made in accordance to the Open Public Records Act (OPRA).
 
Forms


 
OPRA
OPRA is a state law that was enacted to give the public greater access to government records maintained by public agencies in New Jersey.
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New Jersey Department of Banking and Insurance