N.J. Admin. Code § 11:3-46.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 11:3-46.4 - Qualified insurers

(a) An automobile insurer may apply to the Commissioner to be considered a qualified insurer for purposes of participating in the UEZ program. An automobile insurer seeking to become a qualified insurer shall demonstrate that it will actively conduct business in UEZ areas by filing plans and procedures, including, but not limited to, the following:

1. A plan to increase access to automobile insurance for consumers residing in a UEZ;

2. A plan to assist newly appointed UEZ agents in developing the skills necessary to manage a successful business;

3. Procedures to monitor and evaluate the impact of efforts to expand services to urban areas;

4. Materials designed to assist consumers in understanding automobile insurance coverages;

5. The insurer's marketing plans and goals for increasing its writing of risks in automobile insurance urban enterprise zones; and

6. A certification from the insurer that it will file all reports required by this subchapter.

(b) The documents submitted pursuant to (a) above shall set forth with specificity:

1. The insurer's goal, which shall be the number of in-force exposures needed to meet its UEZ share, as calculated pursuant to 11:3-46.3(f).

i. In the case of an insurer that has been approved by the Department to limit coverage to persons who are members or employees of members of certain groups, clubs or organizations, such as trade associations or the military (so-called membership companies) when membership is a condition for insurance and is uniformly and consistently applied on a Statewide basis, its goal shall be to increase accessibility and marketshare in UEZs so that it insures at least the same percentage of potential eligible members in UEZs as its percentage marketshare of eligible members located outside the UEZs. The insurer also shall be able to demonstrate the potential number of eligible members in and outside the UEZs with credible data;

2. The number of in-force exposures projected to be written in the UEZs and Statewide for each quarter for the periods ending March 31, June 30, September 30, and December 31, which shall consider reductions in actual in-force writings due to nonrenewal, lapse, cancellations, etc.;

3. The UEZs in which the insurer intends to write or increase its writings;

4. The manner by which the insurer intends to satisfy its goal of increasing writings in UEZs, such as appointment of UEZ agents; use of existing agents; new marketing initiatives; etc.;

5. A listing of UEZ agents appointed to date, together with any limit on the number of exposures the UEZ agents may write, pursuant to 17:33C-4; and

6. If UEZ agents will be utilized, the support services to be provided to those agents to write the business and whether support services to be provided are different than those provided to its agents appointed in the ordinary course of business.

(c) All qualified insurers and insurers filing for qualification shall keep current the information required as part of an application for qualification by filing with the Department any changes in the information filed pursuant to (b) above no later than 15 days after such change.

(d) An automobile insurer that meets the applicable standards established pursuant to (a) above shall certify to the Commissioner that it is a qualified insurer and shall certify to the specific provisions set forth in its plan pursuant to (b) above.

(e) An automobile insurer that certifies to the Commissioner pursuant to (d) above that it meets the standards established pursuant to (a) and (b) above shall be a qualified insurer. If upon review of the documents filed the Commissioner determines that the plan fails to provide all of the information required pursuant to (a) and (b) above, the Commissioner shall promptly notify the insurer that its filing is incomplete, and that it shall not be considered a qualified insurer until the deficiencies in the filing are addressed.

(f) Only qualified insurers shall be eligible to participate in the UEZ program.

(g) To the extent an insurer, in order to provide a complete plan to be a qualified insurer, submits proprietary information, the insurer shall identify and include such information on separate documents. Proprietary information shall be confidential and shall not be subject to public inspection or copying pursuant to the "Open Public Records Act", 47:1A-1 et seq. If the Department determines that such information is not proprietary, the Department shall notify the insurer prior to responding to any public records request.

N.J. Admin. Code § 11:3-46.4

Amended by R.2008 d.380, effective 12/15/2008 (operative January 1, 2009).
See: 40 N.J.R. 3572(a), 40 N.J.R. 6970(b).
In the introductory paragraph of (b)1, substituted a period for a semicolon at the end; rewrote (b)1i; and in (g), substituted "'Open Public Records Act'" for " 'Right-to-Know' law".