N.J. Admin. Code § 11:1-5.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:1-5.2 - Notice of cancellation and nonrenewal of fire and casualty coverage

(a) All fire and casualty policies of insurance, except accident and health policies, shall provide for the issuing company to give:

1. Thirty days' written notice to the insured of the cancellation of any policy;

2. Thirty days' written notice of cancellation of any policy to any mortgagee mentioned in said policy; and

3. Thirty days' written notice to the insured of said company's intent not to renew any policy.

(b) Provisions of policies to be effective on or after July 1, 1977, which are issued by any company doing business in New Jersey and provide for less than 30 days' notice of cancellation and nonrenewal shall be null and void, with the following exceptions:

1. Provisions for cancellations for nonpayment of premium or for "moral hazard" (such as insurance fraud) under N.J.S.A. 17:29C-2;

2. Provisions for cancellations and nonrenewal notice which are controlled by N.J.S.A. 17:29C-6 et seq., (Automobile insurance), 39:6A-3 and rules promulgated thereunder (No-fault insurance).

3. Provisions in New Jersey FAIR Plan policies for five day notice to the insured and 10 days notice to the mortgagee with respect to any of the following properties or in any of the following circumstances:

i. Buildings which are unoccupied and accessible to unauthorized persons.

ii. Buildings which have been subject to damage by a peril insured against and the damage is not repaired or remedied within a reasonable time after the damage occurred.

iii. Buildings which are in danger of collapse because of serious structural conditions.

iv. The insured has been indicted for or convicted of arson or burning with intent to defraud, or there is evidence of incendiarism or attempt threat by the insured or representative of the insured.

v. Buildings which have an exceptional degree of hazard, such as fire ruins or dilapidated condition.

vi. Buildings which have any of the following conditions existing:

(1) Repeated failure to furnish heat, water, sewer or public lighting;

(2) Failure to correct conditions dangerous to life, health or safety;

(3) Failure to maintain the building in accordance with applicable law;

(4) Failure to pay property taxes for two quarters.

vii. Building with any of the rental units in the building unoccupied and left unprotected against trespass. A rental unit will be deemed to be unprotected against trespass when an entrance door to such unit or an exterior door to a hall, stairway, or other common passage leading to such unit is missing, unlocked, not capable of being locked, or otherwise unsecured, or when a door or window in such unit which is accessible to entry has not been replaced or boarded up. If the owner remedies the condition that left the unit or units unprotected against trespass and so notifies the association within the 15-day time period for appeal to the association as provided by N.J.A.C. 11:1-5.3(c), then the association shall grant the appeal and the insurance shall continue without lapse.

viii. Buildings from which fixed and salvageable items have been or are being removed and the insured can give no reasonable explanation for such removal.

ix. Buildings which have been condemned.

x. When there is reasonable knowledge and belief that the property is endangered and is not reasonably protected from possible arson for profit.

N.J. Admin. Code § 11:1-5.2

Emergency New Rule, R.1974 d.259, effective 9/20/1974.
See: 6 N.J.R. 407(a).
"New Jersey Special Joint Underwriting Association."
Emergency Amendment, R.1974 d.274, effective 10/2/1974.
See: 6 N.J.R. 436(b).
New Rule, R.1977 d.185, effective 7/1/1977.
See: 9 N.J.R. 177(c), 9 N.J.R. 282(b).
Originally designated 11:2-17.1; codified at 11:1-5.5.
Amended by R.1979 d.219, effective 6/6/1979.
See: 11 N.J.R. 249(e), 11 N.J.R. 348(b).
Recertification of 11:1-5.5.
See: 15 N.J.R. 810(a).
Recertification of 11:1-5.5.
See: 16 N.J.R. 2018(a).
Amended by R.1984 d.426, effective 10/1/1984.
See: 16 N.J.R. 1689(a), 16 N.J.R. 2677(a).
Recodified from 11:1-5.5.
Public Notice: Recertification to Legislature of the need for continuance of the Notice of cancellation and nonrenewal of fire and casualty coverage.
See: 18 N.J.R. 1623(a).
Amended by R.1990 d.107, effective 2/5/1990.
See: 21 N.J.R. 3240(b), 22 N.J.R. 391(a).
Changes at (b)3 regarding the provisions of fire and casualty insurance policies issued by the FAIR Plan.
Public Notice: Recertification to Legislature.
See: 22 N.J.R. 3057(b).
Public Notice: Recertification to Legislature.
See: 23 N.J.R. 2883(b).
Public Notice: Recertification to the Legislature of need for notice of cancellation and nonrenewal of fire and casualty insurance.
See: 24 N.J.R. 3181(a).
Public Notice: Recertification to Legislature.
See: 26 N.J.R. 4452(c).
Public Notice: Recertification to Legislature.
See: 27 N.J.R. 3492(a).
Public Notice: Recertification to Legislature.
See: 28 N.J.R. 3834(c).
Public Notice: Recertification to Legislature.
See: 29 N.J.R. 3368(a).
Public Notice: Recertification to Legislature.
See: 31 N.J.R. 2007(a).
Public Notice: Recertification to Legislature.
See: 32 N.J.R. 2959(b).
Public Notice: Recertification to Legislature.
See: 33 N.J.R. 2711(a).
Public Notice: Recertification to Legislature.
See: 34 N.J.R. 3138(a).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 35 N.J.R. 4141(a).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 36 N.J.R. 3443(b).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 37 N.J.R. 2897(a).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 38 N.J.R. 3329(a).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 39 N.J.R. 2660(b).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 40 N.J.R. 5295(a).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 41 N.J.R. 2987(a).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 42 N.J.R. 1918(b).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 44 N.J.R. 187(a).
Public Notice: Cancellation and nonrenewal of fire and casualty coverage.
See: 45 N.J.R. 955(b).