New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 1 - ADMINISTRATION
Subchapter 5 - FIRE AND CASUALTY INSURANCE
Section 11:1-5.2 - Notice of cancellation and nonrenewal of fire and casualty coverage
Universal Citation: NJ Admin Code 11:1-5.2
Current through Register Vol. 56, No. 18, September 16, 2024
(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
17:29C-2;
2. Provisions for cancellations and
nonrenewal notice which are controlled by
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
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.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
