New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 25 - OFFICE OF THE INSURANCE CLAIMS OMBUDSMAN
Subchapter 1 - GENERAL POWERS AND DUTIES
Section 11:25-1.6 - Registry of closed complaints and confidentiality of information
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Ombudsman shall maintain a central registry of all closed complaint investigations that shall contain information on the nature of the investigation, findings and disposition. The Ombudsman shall report to the Commissioner any evidence that an insurer may be engaged in a pattern of conduct which violates 17:29B-1 et seq., 17:23A-1 et seq., 17:29B-1 et seq., 17B:30-1 et seq., 17:35C-1 et seq., or 17:35C-11. The contents of this central registry shall be confidential and shall not be subject to public inspection or copying pursuant to the "Right to Know Law," 47:1A-1 et seq.
(b) Any correspondence or written communication from any complainant and any written material submitted by an insurer to the Ombudsman shall remain confidential and shall not be considered a public record pursuant to the "Right to Know Law," 47:1A-1 et seq., and shall not be subject to release unless such disclosure is necessary to enable the Ombudsman to perform his or her duties and to support any opinions or recommendations, or as may be necessary to enable the Commissioner to perform any function authorized by law, including any action to stop unfair claims settlement practices. Any statement or communication made by the Ombudsman or which is provided in good faith to the Ombudsman shall be deemed to be privileged and confidential in accordance with 17:29E-12.c. Confidentiality shall attach only after the Ombudsman has exercised his or her jurisdiction to investigate a complaint. Complaints sent to the Ombudsman that he or she does not elect to investigate pursuant to 11:25-1.4(c)2 shall be returned to the complainant or referred to the Consumer Assistance Unit in the Office of Consumer Protection Services for further action. Only those complaints retained by the Ombudsman shall be subject to the confidentiality provision of this chapter.