Authorized By: Neil N. Jasey, Commissioner, Department of Banking and Insurance. Legislative and Regulatory Affairs

Similar documents
43 NJR 8(1) August 1, 2011 Filed July 6, Insurance Producer Standards of Conduct: Commissions and Fees

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance.

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Authorized By: Kenneth E. Kobylowski, Commissioner, Department of Banking and Insurance.

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance.

Authorized By: Richard J. Badolato, Commissioner, Department of Banking and Insurance. New Jersey Department of Banking and Insurance.

Authorized By: Steven M.Goldman, Commissioner, Department of Banking and Insurance.

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Authorized by: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Waivers of Mortgage Guaranty Insurers Liability-to-Policyholders Surplus Ratios

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Proposed Amendments: N.J.A.C. 11:17B-1.2, 1.3, 2.1, 3.1, and 3.2. Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Authorized By: Donald Bryan, Acting Commissioner, Department of Banking and Insurance. N.J.S.A. 17:1-8.1, 17:1-15e, and 17:30D-28 et seq.

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Licensed Lenders: Mortgage Bankers; Correspondent Mortgage Bankers; Mortgage Brokers; Secondary Lenders; Consumer Lenders and Sales Finance Companies

Hospital Care Payment Commission and New Jersey Hospital Care Payment Fund Debt Eligibility

Minimum Reserve Standards for Individual and Group Health Insurance Contracts

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance

Joint Insurance Funds for Local Governmental Units Providing Property and Liability Coverages

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance

Admission Requirements for Foreign and Alien Property and Casualty Insurers

Holly C. Bakke, Commissioner, Department of Banking and Insurance. Authority: N.J.S.A. 17:1-8.1, 17:1C-6(e), 17B:17-3, 17B:25-18 and 17B:27-25.

Authorized By: Neil N. Jasey, Commissioner, Department of Banking and Insurance

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance.

49 NJR 6(1) June 5, 2017 Filed May 10, 2017 BANKING DEPARTMENT OF BANKING AND INSURANCE DIVISION OF BANKING. General Provisions

Steven M. Goldman, Commissioner, Department of Banking and Insurance

42 NJR 7(1) July 6, 2010 Filed June 8, Advertisement of Life Insurance and Annuities; Disclosure and Suitability

Holly C. Bakke, Commissioner, Department of Banking and Insurance. N.J.S.A. 17:1-8.1,17:1-15e, 17B: ,17B:30-23 et seq. and 26:2J- 15b.

Proposed Amendments: N.J.A.C. 11:4-25.2, 25.5, 52.3 and Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance.

Increase in Capital and Surplus Requirements for Insurers and Health Maintenance Organizations

44 NJR 1(1) January 3, 2012 Filed December 8, and 11: and 3.6

Holly C. Bakke, Commissioner, Department of Banking and Insurance. Authority: N.J.S.A.17:1-8.1, 17:1-15e and 17:30D-31 (P.L c.

Proposed Readoptions with Amendments: N.J.A.C. 11:17A, 11:17B, 11:17C and 11:17D

Advertisement of Life Insurance and Annuities; Disclosure Requirements for

Proposed Repeals: N.J.A.C. 11: and 3.5 and 11:22-3 Appendix Exhibits

Proposed Amendments: N.J.A.C. 11:3-34.4, and 34.5 and 11:3-34 Appendix, Schedule 1

Authorized By: New Jersey State Board of Education, Lamont O. Repollet, Commissioner, Department of Education, Secretary, State Board of Education.

Authorized By: Donald Bryan, Acting Commissioner, Department of Banking and Insurance

Licensed Lenders: Mortgage Bankers; Correspondent Mortgage Bankers; Mortgage Brokers; Secondary Lenders; Consumer Lenders and Sales Finance Companies

Authorized By: Richard J. Badolato, Acting Commissioner, Department of Banking and

Authorized By: Richard J. Badolato, Commissioner, Department of Banking and Insurance.

Proposed Repeals: N.J.A.C. 11:24B-2.5 and 11:24B Appendix Exhibits 3 through 8. Proposed Repeals and New Rules: N.J.A.C. 11:24B-2.8 and 2.

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance.

Authorized By: New Jersey Individual Health Coverage Program Board, Ellen DeRosa,

44 NJR 2(2) February 21, 2012 Filed January 26, Proposed New Rules: N.J.A.C. 11:2-28.7A through 28.7D, 28.13, 28.

Managed Healthcare Services for Medicaid and NJ FamilyCare Beneficiaries. Authorized By: Jennifer Velez, Commissioner, Department of Human Services.

N.J.A.C. 11: through 33.7, and 11:1-33 Appendix Exhibit A. Proposed Recodification with Amendment: N.J.A.C. 11: as 33.

Holly Bakke, Commissioner, Department of Banking and Insurance. See Summary below for explanation of exception to calendar requirement.

Proposed New Rules: N.J.A.C. 11: and 11:1-35 Appendix Exhibit F

Authority: N.J.S.A. 17:1-8.1, 17:1-15e, 17:1C-19 et seq., 17:33A-1 et seq. and 17B:21-1 et seq.

Tariff Filings or Petitions Which Propose Increases in Charges to Customers

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance. N.J.S.A. 17:1-8.1, 17:1-15e and 17:22A-26 et seq.

Authorized By: Elizabeth Connolly, Acting Commissioner, Department of Human. Authority: N.J.S.A. 30:4D-41, 52:14C-1 et seq., and 52:14D-1 et seq.

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance

Proposed Readoption: N.J.A.C. 11:21-7A, 9 and 13 and 11:21 Appendix Exhibits BB, FF and GG

Proposed Amendments: N.J.A.C. 11: through 26.6 and 26.9 through 26.14

12 of 48 DOCUMENTS. NEW JERSEY REGISTER Copyright 2015 by the New Jersey Office of Administrative Law. 47 N.J.R. 2912(a)

Authorized by: Steven M. Goldman, Commissioner, Department of Banking and Insurance

SPECIAL ADOPTION. Medical Malpractice Liability Insurance Premium Assistance Fund Premium Subsidy

44 NJR 2(2) February 21, 2012 Filed January 26, Proposed Amendments: N.J.A.C. 11:4-37.4; 11:22-4.2, 4.3, 4.4, and 4.5;

TREASURY GENERAL. (a)

Tax Amnesty Adopted Emergency and Concurrent Proposed New Rules: N.J.A.C. 18:39-1 et seq.

INSURANCE NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM BOARD

TREASURY GENERAL (a) increased patronage. Any attempt to predict that impact would be speculative at this time. CHAPTER 69P FANTASY SPORTS TOURNAMENTS

Authorized By: New Jersey Board of Public Utilities, Richard S. Mroz, President, Joseph L.

State of New Jersey DEPARTMENT OF TREASURY DIVISION OF PROPERTY MANAGEMENT & CONSTRUCTION

PUBLIC UTILITIES (a) LAW AND PUBLIC SAFETY. (g)-(h) (No change.)

(a) TREASURY GENERAL. (b)

Restricting Access to Work First New Jersey Benefits at Certain Locations; Aging Period

NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM BOARD. Proposed Readoption with Amendments: N.J.A.C. 11:20-1, 2, 3, 8, 12, 17, 19, 20, 23

requirement. Interested persons may submit written comments relevant to the proposal on or before 5:00 P.M., March 5, These

ORDER NO.: A STATE OF NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE

Authorized By: Kenneth E. Kobylowski, Commissioner, Department of Banking and Insurance,

Adopted Repeals: N.J.A.C. 11: and 11:10 Appendices A and B. Adopted: July 29, 2011 by Thomas B. Considine, Commissioner, Department of Banking

43 NJR 6(1) June 6, 2011 Filed May 16, Renewal, Nonrenewal and Cancellation Notice Requirements; Buyers Guide; Coverage

Private Passenger Automobile Insurance - Use of Alternate Underwriting Rules

Proposed Repeal and New Rules: N.J.A.C. 11:3-4.7 and 4.8. Proposed Amendments: N.J.A.C. 11:3-4.1, 4.2, 4.4, 4.9, 5.2, 5.11, 25.2 and 25.

Donald Bryan, Acting Commissioner, Department of Banking and Insurance

Authorized By: New Jersey Board of Public Utilities, Joseph L. Fiordaliso, President, Mary-

ELECTION LAW ENFORCEMENT COMMISSION REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION

Health Care Quality Act Application to Insurance Companies, Health Service. Corporations, Hospital Service Corporations and Medical Service

Third Party Administrators of Health Benefits and Third Party Billing Services

November 12, 2009 by Neil N. Jasey, Commissioner, Department of Banking and Insurance

BULLETIN NO ALL DOMESTIC LIFE INSURANCE COMPANIES AND CHARITABLE ANNUITIES MAXIMUM RESERVE VALUATION AND NONFORFEITURE RATES

(a) CHAPTER 9. UNIFORM TRANSITIONAL UTILITY ASSESSMENT

Proposed Amendments: N.J.A.C. 11:4-37.2, 37.3, 37.4, and 37.6 and 11:22-5

NEW JERSEY ADMINISTRATIVE CODE Copyright 2014 by the New Jersey Office of Administrative Law

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance. Authority: N.J.S.A. 17:1-8.1,15e and 26:2J-43h; P.L. 1999, c. 106.

Small Employer Health Benefits Program Rules and Standard Plans. Adopted Amendments: N.J.A.C. 11:21-1, 3, 4, 6, 7, and 17 and N.J.A.C.

(a) [18: (Reserved)]

Minimum Reserve Standards for Individual and Group Health Insurance Contracts

Regulations Pertaining to Discrimination on the Basis of Disability

Authorized By: Elizabeth Connolly, Acting Commissioner, Department of Human Services.

IMPLEMENTING A DEFERRED COMPENSATION PLAN. and SERVICE AGREEMENT. Division of Local Government Services. New Jersey Department of Community Affairs

STATE OF NEW JERSEY. Department of Banking and Insurance WCMCO ANNUAL REPORT

Authorized By: Donald Bryan, Acting Commissioner, Department of Banking and Insurance

November 19, 2003 by Holly C. Bakke, Commissioner, Department of Banking and Insurance

Office of the State Treasurer TREASURY OFFICE OF THE STATE TREASURER

Transcription:

INSURANCE 41 NJR 11(1) November 2, 2009 Filed October 2, 2009 DEPARTMENT OF BANKING AND INSURANCE DIVISION OF INSURANCE Insurance Producer to Witness Signature of Insured Proposed Amendment: N.J.A.C. 11:17A-4.2 Authorized By: Neil N. Jasey, Commissioner, Department of Banking and Insurance. Authority: N.J.S.A. 17:1-8.1 and 17:1-15e. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN 2009 329. Submit comments by January 1, 2010 to: Robert J. Melillo, Chief Legislative and Regulatory Affairs Department of Banking and Insurance 20 West State Street P.O. Box 325 Trenton, NJ 08625-0325 Fax: (609) 292-0896 Email: legsregs@dobi.state.nj.us The agency proposal follows: Summary N.J.A.C. 11:17A-4.2 states that in cases where an applicant s signature is required, an insurance producer who takes an application for insurance shall be required to witness the

2 signature of the prospective insured on the application prior to the submission of the application to the insurer. This requirement may be waived, however, upon prior written authorization by the insurer. Because of technological advances in obtaining electronic signatures, Internet sales and updated signature laws nationwide, the Department has determined that this rule requires updating. Therefore, the Department is proposing to amend the N.J.A.C. 11:17A-4.2 to require the witnessing of the signatures of applicants by producers only when the application is signed by the applicant after having been completed in a face to face meeting between the producer and the client and only when required by the insurer. A 60-day comment period is provided for the notice of proposal, and, therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, the proposal is not subject to the provisions of N.J.A.C. 1:30-3.1 and 3.2 governing rulemaking calendars. Social Impact The proposed amendments will have a positive social impact by providing flexibility on the requirement that producers witness the signatures of applicants for insurance when required. The amendment will facilitate the use of electronic signatures on applications for insurance and make it easier for consumers and producers to complete insurance applications using current technologies. Economic Impact The proposed amendment modifies the previously established purpose of the rule by explicitly requiring the witnessing of the signatures of applicants obtained during an insurance transaction only when the application is signed during a face to face meeting between the

3 insurance producer and the client and only when required by the insurance company. As a result of the amendment, producers, insurers and consumers should experience either no increase in costs or a modest reduction in the costs they incur in scheduling and conducting the previously required face to face meetings in order to witness applicant s signatures. Federal Standards Statement Executive Order No. 27 (1994) and P.L. 1995, c. 65 require State agencies that adopt, readopt or amend State regulations that exceed any Federal standards or requirements to include in the rulemaking document a comparison with Federal law. A Federal standards analysis is not required in this instance because the amendment proposed enhances the State s regulation of licensed insurance professionals and the companies they represent and no Federal standards or requirements are exceeded. There are no Federal standards or requirements applicable to the proposed amendment. Jobs Impact The Department does not believe that this amendment will cause any jobs to be generated or lost. The Department invites interested parties to submit any data or studies concerning the jobs impact of the amendments together with their written comments on other aspects of the proposal. Agriculture Industry Impact The Department does not expect any impact upon the State agriculture industry by this proposed amendment.

4 Regulatory Flexibility Analysis There are no provisions in the proposed amendment that are excessively onerous to "small businesses" as that term is defined in N.J.S.A. 52:14B-17. This amendment will impose no new recordkeeping or other compliance requirements. Future annual costs of compliance with this rule are expected to remain the same or be modestly reduced, as some insurance producers will not incur travel expenses for a follow-up personal visit to witness and obtain an insurance applicant s signature. This amendment has no differing standards for small businesses because the amendment relaxes the requirement that applicant s signatures be witnessed by insurance producers for all producers, regardless of the size of the producer s business. Smart Growth Impact The proposed amendment will not have an impact upon the achievement of smart growth or the implementation of the State Development and Redevelopment Plan. Housing Affordability Impact The proposed amendment will not have an impact on housing affordability because the proposed amendment addresses the witnessing of consumer signatures by licensed insurance producers only when an insurance application is signed during a face to face meeting between the producer and the client and only when required by the insurer. Smart Growth Development Impact The Department believes that there is an extreme unlikelihood that this proposed amendment would evoke a change in the housing production in Planning Areas 1 and 2 or within the designated centers under the State Development and Redevelopment Plan in New Jersey because the proposed amendment addresses the witnessing of consumer signatures by

5 licensed insurance producers only when an insurance application is signed during a face to face meeting between the producer and the client and only when required by the insurer. Full text of the proposal follows (addition indicated boldface thus): 11:17A-4.2 Insurance producer to witness signature of insured In cases where an applicant s signature is required, an insurance producer who takes an application for insurance shall be required to witness the signature of the prospective insured on the application prior to the submission of the application to the insurer only when the application is signed by the applicant after having been completed in a face to face meeting between the producer and the prospective insured. This requirement may be waived, however, upon prior written authorization by the insurer.