17:22-6.37. Acting for unauthorized companies; prohibition; exceptions
340 words·~2 min read·
/nj/title-17/chapter-22/17-22-6-37·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No person shall in this State directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this State, in the solicitation, negotiation, procurement or effectuation of insurance or annuity contracts, or renewals thereof, or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, or fixing of rates, or investigation or adjustment of claims or losses, or collection or forwarding of premiums, or in any other manner represent or assist such an insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this State.
Except that, the holder of an insurance broker's license shall have authority on behalf of a prospective assured to negotiate and deal with a surplus lines agent to effect any such transaction, collect the insurance premium therefor from the assured, and receive from the said surplus lines agent a share of any commission or brokerage fee earned by the said surplus lines agent in connection therewith.
This section does not apply to:
(a)Matters authorized to be done by the commissioner under the unauthorized insurers process law, P.L.1952, c.330 (C.17:51-1 et seq.);
(b)Surplus lines insurance when written pursuant to the surplus lines law;
(c)Transactions as to which a certificate of authority is not required of an insurer under the insurance laws of the State of New Jersey;
(d)Reinsurance effectuated in accordance with the laws of New Jersey;
(e)Railroad or aviation risks engaged in interstate or international commerce;
(f)Insurances of vessels, crafts or hulls, cargoes, marine builders' risks, marine protection and indemnity or other risks including strikes and war risks commonly insured under ocean or wet marine forms of policy.
No insurance contract entered into in violation of this section shall be deemed to have been rendered invalid thereby.
L.1960, c. 32, p. 105, s. 3. Amended by L.1963, c. 189, s. 1.