N.J. Admin. Code § 11:4-2.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 11:4-2.7 - Duties of insurers with respect to direct response solicitations

(a) In the case of an application that is initiated as a result of a direct response solicitation, the insurer shall require, with or as part of each completed application for a policy or contract, a statement asking whether the applicant, by applying for the proposed policy or contract, intends to replace, discontinue or change an existing policy or contract. If the applicant indicates a replacement, discontinuance or change is not intended, or if the applicant fails to respond to the statement, the insurer shall send the applicant, with the policy or contract, a notice regarding replacement as described in subchapter Appendix B, incorporated herein by reference, or other substantially similar form approved by the Commissioner.

(b) If the insurer has proposed the replacement, or if the applicant indicates a replacement is intended, and the insurer continues with the replacement, the insurer shall:

1. Provide to applicants or prospective applicants with the policy or contract a notice as described in subchapter Appendix C, incorporated herein by reference, or other substantially similar form approved by the Commissioner. In these instances the insurer may delete the references to the producer, including the producer's signature, without having to obtain approval of the form from the Commissioner. The insurer's obligation to obtain the applicant's signature shall be satisfied if it can demonstrate that it has made a diligent effort to secure a signed copy of the notice referred to in this paragraph. The requirement to make a diligent effort shall be deemed satisfied if the insurer includes in the mailing a self-addressed postage prepaid envelope with instructions for the return of the signed notice referred to in this section; and

2. Comply with the requirements of 11:4-2.4(a)2, if the applicant furnishes the names of the existing insurers, and the requirements of 11:4-2.4(a)3, (a)4 and (b).

N.J. Admin. Code § 11:4-2.7

Repeal and New Rule, R.2004 d.414, effective 11/1/2004 (operative January 30, 2005).
See: 36 New Jersey Register 2147(a), 36 New Jersey Register 4930(a).
Section was "Duties of the existing insurer".