N.J. Admin. Code § 11:4-16.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 11:4-16.7 - Application forms

(a) Application forms shall not include provisions, statements or questions that:

1. Pertain to race, creed, color, national origin or ancestry of the proposed insured, except for hospital-medical insurance application forms for the purpose of collecting demographic data. No application form may include any provision or statement the effect of which is to discriminate against the proposed insured on the basis of race, creed, color, or national ancestry in a manner prohibited by law;

2. Change the terms of the policy to which it is attached;

3. State that the applicant has not withheld any information or concealed any facts; or

4. Require the applicant to agree that an untrue or false answer material to the risk shall render the contract void.

(b) If the insurer makes any changes or amendments to the application, signed acceptance by the applicant is required.

(c) Factual-type questions shall be used whenever possible to ascertain the past and present health of a proposed insured. If opinion-type questions are used, the application shall provide that the answers are stated to the best of the applicant's knowledge and belief.

(d) Questions concerning alcohol and drug abuse shall be based on specific criteria such as treatment, driving records, work attendance records, etc. Questions such as "Do you use alcohol or drugs to excess" shall not be used.

(e) Application forms shall include a means for identifying the coverage or policy for which application is made.

N.J. Admin. Code § 11:4-16.7

Amended by R.2005 d.365, effective 11/7/2005.
See: 37 New Jersey Register 2291(a), 37 New Jersey Register 4272(a).
Rewrote introductory paragraph of (a).