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Chapter 5 Recap

Quick Reference: NJ Casualty-Specific Regulations

Chapter 5 Summary

This chapter covers NJ-specific casualty insurance regulations, including auto insurance requirements, workers compensation rules, deregulated insurance markets, cancellation procedures, surplus lines, and certificate requirements. Use this recap for quick exam review!

1

NJ Auto Insurance

NJ Mandatory Auto Limits

$15K/$30K

Bodily Injury Liability

$5,000

Property Damage Liability

$15K/$30K

Uninsured Motorist

$15,000

PIP (min) per person

$250,000

PIP (max) per person

Personal Injury Protection (PIP)

NJ is a no-fault state - PIP pays regardless of who caused the accident.

PIP Covers:

  • + Medical expenses
  • + Income continuation
  • + Essential services
  • + Death benefits
  • + Funeral expenses

Coordination of Benefits:

  • + Health insurance primary option
  • + Medicare/Medicaid primary option
  • + Can reduce PIP premium by 15-25%

Lawsuit Threshold Options

Limitation on Lawsuit (Verbal)

Can only sue for pain & suffering if injury meets threshold: death, dismemberment, significant disfigurement, displaced fracture, loss of fetus, permanent injury

Lower premium

No Limitation (Zero Threshold)

Can sue for any injury, regardless of severity

Higher premium

PAIP (Personal Auto Insurance Plan)

For drivers who can't get coverage in the standard market (high-risk). All auto insurers must participate in PAIP based on market share.

2

NJ Workers Compensation

NJ Requirements

  • + Mandatory coverage for all employers with employees in NJ
  • + Exclusive remedy - employees cannot sue employer for workplace injuries (with limited exceptions)
  • + Employers can self-insure with Commissioner approval

Benefits Covered

  • + Medical treatment (no dollar limit)
  • + Temporary disability (70% of wages)
  • + Permanent partial disability
  • + Permanent total disability
  • + Death benefits to dependents

NOT Covered

  • + Self-inflicted injuries
  • + Injuries while intoxicated
  • + Willful misconduct
  • + Injuries during horseplay
  • + Injuries going to/from work (generally)

Second Injury Fund

Encourages hiring workers with prior disabilities. When a second injury combines with a pre-existing condition to cause greater disability, the fund pays the difference so employers aren't penalized for hiring previously injured workers.

3

Deregulated Lines of Insurance

What is Deregulation?

Certain commercial insurance lines in NJ are deregulated - meaning insurers don't need prior approval for rates or forms from the Commissioner. Rates must still not be excessive, inadequate, or unfairly discriminatory.

Deregulated Commercial Lines

Commercial Multi-Peril
Commercial Auto
General Liability
Umbrella Liability
Professional Liability
D&O Liability
Boiler & Machinery
Inland Marine (Commercial)

Still Regulated (Prior Approval Required)

  • + Personal Auto
  • + Homeowners
  • + Workers Compensation
  • + Medical Malpractice
  • + Title Insurance
  • + Medicare Supplement
4

Cancellation and Nonrenewal

The 60-Day Rule (Commercial)

Under 60 Days

Can cancel for ANY reason

Over 60 Days

Need VALID reason (13 specific reasons)

13 Valid Reasons for Cancellation (After 60 Days)
1. Nonpayment of premium
2. Moral hazard
3. Material misrepresentation
4. Increased hazard
5. Substantial breach of contract
6. Lack of cooperation
7. Fraudulent acts
8. Loss of capacity
9. Change in law
10. Reinsurance changes
11. Safety violation (60 days to fix)
12. No underwriting info
13. Agency termination

Notice Requirements

30-120 Days

Standard cancellation/nonrenewal

10 Days

Commercial nonpayment

15/20 Days

Auto (15 nonpay, 20 other)

Auto Insurance Cancellation (4 Reasons Only)

1. Nonpayment of premium
2. License/registration suspended
3. Fraud/misrepresentation
4. Doesn't meet criteria (within 60 days)

Block Nonrenewal Rules

  • + Insurers cannot drop entire lines/classes without Commissioner approval
  • + Must file plan 30 days before any notice
  • + Minimum 60 days notice to policyholders
  • + Can be extended up to 3 years if market impact
5

Surplus Lines Insurance

What is Surplus Lines?

Insurance placed with non-admitted carriers (not licensed in NJ) for risks that can't be placed in the standard market. Also called "excess and surplus" or "nonadmitted" insurance.

Diligent Effort Requirement

Before placing with surplus lines, producer must show diligent effort to place in admitted market:

3 Declinations

Minimum required from admitted insurers

Exportable List

Certain risks are pre-approved as "hard to place" - no diligent effort needed. Commissioner maintains this list.

Surplus Lines Tax

Producer must collect and remit tax on surplus lines premiums to the state.

Key Warning

Surplus lines policies are NOT covered by NJ Guaranty Fund. If the insurer becomes insolvent, policyholders have no state protection. Producer must inform insured of this in writing.

6

Certificates of Insurance

Master Policies

A single policy covering multiple insureds (e.g., all vehicles under a dealer's policy, all members of an association).

  • + Each covered party receives a certificate (not a policy)
  • + Certificate proves coverage exists but is NOT the contract

NJ Certificate Requirements

20 Days

Delivery to policyholder

8 Point

Minimum font size

4 Required Certificate Items

1. Identity of insurer
2. Policy number
3. Effective/expiration dates
4. Summary of coverage

Quick Reference: Key Numbers

$15K/$30K/$5K

NJ min auto liability

$15K-$250K

PIP range (per person)

60 Days

Commercial cancellation threshold

30-120 Days

Standard notice window

10 Days

Commercial nonpayment notice

3

Declinations for surplus lines

20 Days

Certificate delivery

3 Years

Max block action extension

15/20 Days

Auto cancel notice

13

Commercial cancel reasons

4

Auto cancel reasons

8 pt

Certificate min font

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Use flashcards and quizzes to reinforce what you've learned in Chapter 5.