N.J. Admin. Code § 11:3-8.10

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

Section 11:3-8.10 - Standards for cancellation

(a) Pursuant to 17:29C-7, a notice of cancellation shall be effective only when based on one or more of the following reasons:

1. Nonpayment of premium;

2. The driver's license or motor vehicle registration of the named insured has been suspended or revoked during the policy period;

3. The driver's license or motor vehicle registration of another named insured or person insured under the policy who either resides in the same household or customarily operates an automobile insured under the policy has been suspended or revoked during the policy term for one or more of the following reasons:

i. Conviction of operating a motor vehicle under the influence of alcohol or drugs (39:4-50);

ii. Conviction of refusal to submit to a chemical test (39:4-50.4a );

iii. Conviction of vehicular homicide (2C:11-2);

iv. Conviction of operating a motor vehicle while driving privilege is suspended (39:3-40) , except for convictions under N.J.S.A. 39:3-40i;

v. Conviction of operating a motor vehicle without liability insurance (39:6B-2);

vi. Conviction of misrepresentation of insurance coverage (39:6A-15);

vii. Accumulation of motor vehicle penalty points pursuant to 39:5-30.5;

viii. By a court upon conviction of one of the following motor vehicle violations: racing on a highway (39:5C-1); failure to pass to right of vehicle proceeding in opposite direction (39:4-84); tailgating (39:4-89); reckless driving (39:4-96); exceeding a speed limit by 30 MPH or more (39:4-99); improperly passing a school bus (39:4-128.1); or leaving the scene of an accident in which personal injury occurred (39:4-129); or

ix. Where evidence exists that the suspended or revoked operator has been driving the vehicle during the period of suspension or revocation;

4. The named insured knowingly provided materially false or misleading information in connection with any application for insurance, renewal of insurance, or in connection with the filing of a claim for benefits under an insurance policy; or

5. An insurer determines, within 60 days of issuance of the policy, that the named insured does not meet the acceptance criteria of the insurer in effect on the date of application.

N.J. Admin. Code § 11:3-8.10

New Rule, 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).
Former N.J.A.C. 11:3-8.9, Separability, recodified to N.J.A.C. 11:3-8.12.
Recodified from N.J.A.C. 11:3-8.9 by R.2011 d.242, effective 9/19/2011.
See: 42 N.J.R. 1984(a), 43 N.J.R. 2525(a).
Former N.J.A.C. 11:3-8.10, Issuance of cancellation notices, recodified to N.J.A.C. 11:3-8.11.