Duty LXD-7040
Provides financial services, in New Jersey
Each law's tag says when it binds: since in force proposed proposed
Insurance information practices: notice, access and correction, adverse underwriting decisions and disclosure limitssince 12 lines
Insurance information practices, N.J. Stat. §§ 17:23A-1 to 17:23A-22 · Read the law's page
- Apply the act if you are an insurance institution, an agent or an insurance-support organization that collects, receives or maintains information in connection with insurance transactions pertaining to New Jersey residents (life, health or disability) or involving policies delivered, issued for delivery or renewed in New Jersey (property or casualty) (N.J.S.A. 17:23A-1).
- Do not use or authorize pretext interviews (pretending to be someone else or to represent someone you do not, misrepresenting the purpose of the interview, or refusing to identify yourself on request) to obtain information in connection with an insurance transaction, except to investigate a claim where there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation or material nondisclosure (N.J.S.A. 17:23A-3).
- Give each applicant or policyholder a written notice of information practices, or the abbreviated notice the section allows, at the times section 4 sets (N.J.S.A. 17:23A-4).
- Clearly specify the questions designed to obtain information solely for marketing or research purposes (N.J.S.A. 17:23A-5).
- Use a disclosure authorization form that is written in plain language, is dated, names the types of persons authorized to disclose, the nature of the information, the recipients and the purposes, and states how long the authorization remains valid (N.J.S.A. 17:23A-6).
- Before preparing or requesting an investigative consumer report for an application, renewal, reinstatement or change in benefits, inform the individual that the individual may request an interview and may receive a copy of the report, and conduct a requested personal interview (N.J.S.A. 17:23A-7).
- On a written request after proper identification, give the individual access to recorded personal information about the individual within 30 business days, including its nature and substance in writing, a copy, the identity of those to whom it was disclosed, and a summary of the correction procedure (N.J.S.A. 17:23A-8).
- On a written request, correct, amend or delete disputed recorded personal information, or notify the individual of your refusal, the reasons and the right to file a statement of disagreement, and attach the statement to later disclosures (N.J.S.A. 17:23A-9).
- On an adverse underwriting decision, give the applicant, policyholder or individual proposed for coverage the specific reasons in writing, or tell the person the reasons may be requested in writing, with a summary of rights, and on written request furnish the specific items of information that support the reasons and the names and addresses of the institutional sources (N.J.S.A. 17:23A-10).
- Do not seek information about a previous adverse underwriting decision or a previous residual-market placement unless the inquiry also requests the reasons, and do not base an adverse underwriting decision on the fact of a previous adverse decision or on personal information received from an insurance-support organization whose primary source is insurance institutions, except as section 12 allows (N.J.S.A. 17:23A-11 and 17:23A-12).
- Do not disclose personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure falls within a permitted purpose listed in section 13, such as the individual's written authorization (N.J.S.A. 17:23A-13).
- As an insurer or insurance producer, do not disclose personal or privileged information collected or received in connection with an insurance transaction regarding an individual's status as a victim of domestic violence, a domestic violence-related condition, or the individual's status as an employer of a victim, unless a listed exception applies (N.J.S.A. 17:23A-13.3).
Insurance: genetic information and genetic test limits in life, health, disability and supplemental coveragesince 4 lines
Discrimination in life and health insurance, genetic information, N.J. Stat. § 17B:30-12(e) and (f) · Read the law's page
- Do not discriminate against an individual on the basis of genetic information, or the refusal to submit to a genetic test or make available its results, in issuing, withholding, extending or renewing hospital confinement or other supplemental limited benefit insurance, or in fixing its rates, terms or conditions (N.J.S.17B:30-12(e)).
- Do not make or permit unfair discrimination against an individual in applying the results of a genetic test or genetic information in issuing, withholding, extending or renewing life insurance (including credit life), an annuity, a disability income insurance contract or credit accident insurance coverage (N.J.S.17B:30-12(f)).
- If you will use the results of a genetic test in those lines, notify the individual that the test will be required and obtain the individual's written informed consent before the test is administered, in accordance with P.L.1985, c.179 (N.J.S.17B:30-12(f)).
- Provide that the physician or other health care professional the individual designates promptly receives a copy of the test results and, if required, a qualified professional's interpretation, and that the individual states in writing whether the individual elects to be informed of the results (N.J.S.17B:30-12(f)).
Insurer use of artificial intelligence in denying homeowners, automobile, and flood claims (A5494)proposed2 lines
N.J. A5494 (2026-2027), supplementing Title 17 of the Revised Statutes · Read the law's page
- If you are an insurer in the business of homeowners, flood, or automobile insurance in New Jersey, do not use artificial intelligence to make the final decision to deny a claim filed under an automobile, homeowners, or flood insurance policy.
- A technology system that is trained on data, simulates human communication through text, audio, or visual communication, and generates non-scripted outputs with limited or no human oversight is artificial intelligence for this purpose.