N.J. Admin. Code § 11:3-1.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 11:3-1.6 - PAIP exemptions

(a) Every insurer shall participate in the PAIP to the extent required by this subchapter and the AIP plan of operation.

(b) The requirements of this subchapter shall not apply to the following:

1. Insurers that have not issued or renewed policies of private passenger automobile insurance in New Jersey since December 31, 1983;

2. Insurers that have issued or renewed policies of private passenger automobile insurance in New Jersey since December 31, 1983, but only in accordance with a commercial lines rating system filed and approved pursuant to N.J.S.A. 17:29AA-1et seq.;

3. Insurers transacting private passenger automobile insurance business in New Jersey subject to a plan of orderly withdrawal approved in accordance with N.J.A.C. 11:2-29, but only to the extent that waiver of participation in the PAIP is explicitly provided by the terms of the approved plan of orderly withdrawal; or

4. Insurers transacting private passenger automobile insurance business in New Jersey subject to an order issued by the Commissioner in accordance with N.J.S.A. 17:33B-23 and 24, but only to the extent provided by the terms of the order.

(c) Insurers that currently insure, or have insured since December 31, 1983, only certain types of automobiles (for example, motor homes, recreational vehicles, antique automobiles, or motorcycles) shall participate in the PAIP but only for the particular types of automobiles currently being insured.

(d) Insurers claiming to be excluded from participation pursuant to the provisions of (b) or (c) above shall comply with the following:

1. Such insurers shall file with the AIP no later than March 16, 2018 a certified statement containing the following information:

i. The insurer's name, including the NAIC group number;

ii. A statement that the insurer is not required to participate in the PAIP or receive assignments through the PAIP;

iii. The factual basis upon which the insurer relied to determine that it is not required to comply fully with this subchapter;

iv. The particular provision of this section under which the insurer is included; and

v. A certification by an officer of the insurer that the statement is complete, correct, and accurate to the best of the officer's information, knowledge, and belief based upon the officer's personal review of all relevant records.

2. The certified statement shall be sent to the AIP at the address as shown on the AIP's website: http://www.aipso.com/plansites/newjersey.aspx [File Link Not Available]

3. A copy of the information filed pursuant to (d)1 and 2 above shall be filed with the Department at the following address:

Property & Casualty

New Jersey Department of Banking and Insurance

20 West State Street

P.O. Box 325

Trenton, NJ 08625-0325

N.J. Admin. Code § 11:3-1.6

Adopted by 50 N.J.R. 565(a), effective 1/16/2018