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Legislative/regulatory issues

290012-00

Tie-in sales
Can we require a client to consolidate all their business with our agency in order to enjoy some of the excellent products we offer? It would be......

290028-00

Loss of reinsurance
We’ve been notified that one of our carriers is planning to get off a commercial liability and auto risk due to loss of reinsurance.......

290041-00

Returning unearned premiums
Our agency has a question regarding the permissibility of a company practice with respect to returning premiums generated due to an endorsement on......

290048-00

Arson investigation immunity
One of our insureds is being investigated in connection with a suspected arson fire. Our office is in New York, but the property that burned is in......

290063-00

Advertising ’free rate quotes’
Is it permissible for a producer or an insurer to advertise that it provides “free rate quotes” for automobile insurance?...

290066-00

Producer contracts
Is our agency required to have written contracts with all our licensed producers?...

290072-00

Record retention—receipts
What should we do if we don't have a policy number to put on a receipt that we give to a customer who makes a premium payment in cash?......

290080-00

When a producer resigns
What are our responsibilities when an employed producer resigns?...

290093-00

Payment to the producer
We recently encountered a sticky situation where a broker embezzled money. The insureds have proof of paying the broker. Does their payment......

290134-00

Advertising “no phone quotes”
Can a producer advertise that it provides “no phone quotes”?...

290159-00

Premium trust accounts in other states
May a producer maintain a premium trust account in a bank in another state?...

290162-00

Rebates
May a producer provide an inducement to a customer to purchase insurance from the producer, such as merchandise, money, or a gift certificate?...

290180-00

Dollar limitation on finder’s fee
Are there any dollar limitations or restrictions as to the amount that a finder’s fee can be paid to an unlicensed individual?...

290185-00

Rate filing
What is the process in New Jersey to obtain a carrier’s rate filing?...

290189-00

Requirement to provide declaration page
Are producers required to scan declaration pages into their agency management system for policyholders?...

290194-00

Referral fees/rebating—lottery tickets
May our agency offer lottery tickets costing $5 as an incentive to our clients for providing referrals? We are concerned because, while the......

290203-00

Witnessing of signatures
Was there a change to the law relating to witnessing the signature of an insured in New Jersey?...

290209-00

Acceptance of client gift
I came in on a vacation day to take care of an issue for a client's personal auto policy. He was so thankful, he sent me a gift basket; one......

290237-00

New DWI—notification to department
One of my producers was arrested for Driving While Intoxicated. How soon must he/she notify the New Jersey Department of Banking and Insurance of......

290242-00

Insurance industry “quality assurance” law
I have heard that there is an Insurance Industry Quality Assurance Law in place. How does it affect me, as an insurance producer?...

290259-00

Gifts to producers for referrals
In New Jersey, can a puffback restoration company offer an insurance producer a $20 gift card for every restoration job he/she directs to the......

290260-00

New Jersey restrictive covenants
Under New Jersey law, is it permissible for an employee, in the absence of a valid written restrictive covenant, to make preparations to enter......

290261-00

New Jersey law regarding commission rates for property/casualty lines
How does New Jersey Insurance Law handle commission rates on most property/casualty lines of insurance?...

290262-00

Rebating—marketing initiatives
One of my carriers just offered me the opportunity to participate in a marketing support program, where I can purchase $50 and $150 movie theater......

290265-00

Consumer’s right to information on adverse underwriting decisions
In New Jersey, does a consumer have the right to get information on adverse underwriting decisions made against them?...

290271-00

Duty to report suspected insurance fraud
Do I have a duty to report suspected insurance fraud in New Jersey?...

290272-00

Duty to scan policy for gaps
In New Jersey, does an agent or broker have the duty to anticipate an insured's coverage needs and attempt to provide them with suggested......

290283-00

Suits against insurance producers
What is the applicable statute of limitations in New Jersey for lawsuits brought against insurance producers?...

290284-00

Renewal questionnaire
We just received a notice from one of our carriers that they will be sending out renewal questionnaires to our insureds. Normally, this is a......

290291-00

Electronic documents in insurance transactions
Has the New Jersey Department of Banking and Insurance issued any statements on the allowability of electronic documents in insurance transactions?...

290306-00

Delivery of policy
What is the time frame in which an insurer must deliver a policy to a producer in New Jersey?...

290314-00

Disruptive client—agency refusal to write coverage
What do you do with a client that you don’t want anymore? We have an insured that is very disruptive when he comes into the office to make a......

290323-00

Premium payments via online money services
Can I accept insurance premium payments via Paypal or Venmo?...

900024-00

Family Leave Act—who pays?
I would like a clarification of the Family and Medical Leave Act of 1993. Who pays for the employee’s medical coverage if the employee takes......

900060-00

Management services for 401(k) plans
I think I saw something about a new law that lets insurance agents provide investment advice in connection with 401(k) plans. Can you give me the......

900061-00

Captive insurers
Can PIA provide me with some information on captive insurance companies?...

900083-00

C.L.U.E. reports
Does a company using Comprehensive Loss Underwriting Exchange, a data bank maintained by LexisNexis, have to release a copy of the C.L.U.E.......

900119-00

Cut-throughs
What is a “cut through”? If an insurance company becomes insolvent, are the company’s reinsurers responsible to pay claims......

900120-00

Lost policy
We have a client who is involved in a dispute with an insurance company over pollution coverage. The issue involves an old policy; our client no......

900121-00

OSHA log form sources
How do we get OSHA log forms? What forms are needed?...

900126-00

Reformation of policy language
In a settlement agreement we saw recently, the company consented to a “reformation” of its policy. Specifically, the company stated......

900184-00

Statute of limitations in subrogation action
My client, ABC Swim Club, has a commercial general liability policy with Small Insurance Co. ABC had a swim meet at XYZ Swim Club who has a......

900190-00

Waiver of subrogation vs. waiver of transfer of rights
If our insured is contractually required to name the other party as an additional insured on his or her policy, wouldn’t the request to......

900236-00

W-9 IRS tax forms—request by policyholder
We have been asked by a client to provide a W-9 Form. What is this and why does the client need it?...

900277-00

Disclosure of customer’s records—pending lawsuit
Do the Gramm-Leach-Bliley Act (GLBA) privacy rules that restrict the disclosure of nonpublic financial information prohibit me from sharing or......

900371-00

Raffle to current customers
Our agency wants to run a raffle to increase our visibility. We plan to reach out to our existing homeowners insurance customers and give away a......

900401-00

The mailbox rule
My client received a notice of cancellation for nonpayment and mailed the premium before the date of cancellation. If the payment isn’t......

900403-00

Recreational drone registration
My client just bought a drone for each of her sons and herself. Does she have to register them and how does she go about doing so?...

900405-00

Subpoenas
I just received a subpoena in connection with policies placed on behalf of my client. What is it and how should I respond?...

900415-00

DOL overtime—bonuses
I have an employee who makes $22,000 a year, but he receives a $3,000 bonus every year in December. Would this employee meet the overtime......

900416-00

Exemptions from DOL overtime
How do I know if my employees are exempt from overtime?...

900417-00

Waive DOL overtime
Can my employees waive their right to overtime?...

900418-00

DOL overtime—biweekly pay
Employees in my agency are on a biweekly pay schedule. If one of my employees who is eligible for overtime works over 40 hours in the first week......

900419-00

DOL overtime—outside-sales exemption
Will my producers qualify for the outside-sales exemption, even though many of them maintain office space at the agency?...

900427-00

Website accessibility
Does my website have to be accessible to people with disabilities?...

900447-00

Hemp and marijuana
What is the difference between hemp and marijuana under the 2018 Farm Bill?...