Key Takeaways
- New Jersey has specific regulations for credit life and credit disability insurance
- Accelerated death benefits must be offered on life insurance policies
- Viatical settlements are regulated under New Jersey law
- New Jersey prohibits genetic discrimination in life and health insurance
- STOLI (Stranger-Originated Life Insurance) is prohibited in New Jersey
Special Insurance Topics in New Jersey
New Jersey regulates several special areas of life and health insurance that may appear on the licensing exam.
Credit Life and Credit Disability Insurance
Credit insurance pays off debt if the borrower dies or becomes disabled:
Credit Life Insurance
| Feature | New Jersey Requirement |
|---|---|
| Coverage | Must not exceed debt amount |
| Beneficiary | Creditor |
| Premium | May be included in loan |
| Disclosure | Must disclose it's optional |
Credit Disability Insurance
| Feature | New Jersey Requirement |
|---|---|
| Coverage | Monthly loan payments during disability |
| Waiting Period | As specified in policy |
| Duration | Until recovery or debt paid |
| Disclosure | Must disclose it's optional |
Key Consumer Protections
- Credit insurance must be disclosed as optional
- Cannot require as condition of loan
- Coverage cannot exceed debt
- Refund of premium if loan paid early
Exam Tip: Credit life and credit disability insurance must be disclosed as OPTIONAL. The borrower cannot be required to purchase it.
Accelerated Death Benefits
New Jersey encourages life insurers to offer accelerated death benefits:
What Are Accelerated Benefits?
- Allow early payment of death benefit
- Available for terminal illness
- Reduces death benefit by amount paid
- Helps pay medical and living expenses
New Jersey Requirements
| Aspect | Requirement |
|---|---|
| Availability | Commonly offered |
| Triggers | Terminal illness (typically 12-24 months) |
| Amount | Portion of death benefit |
| Cost | May reduce benefit or charge fee |
Viatical Settlements
Viatical settlements involve selling a life insurance policy for cash:
What Is a Viatical Settlement?
- Terminally ill person sells life policy
- Receives less than death benefit in cash
- Buyer becomes owner and beneficiary
- Buyer pays future premiums
New Jersey Viatical Settlement Regulation
| Requirement | Detail |
|---|---|
| Licensing | Viatical providers must be licensed |
| Disclosure | Must disclose alternatives |
| Waiting Period | Policy ownership requirements may apply |
| Tax Information | Must inform of tax consequences |
Consumer Protections
- Rescission period after contract
- Must disclose impact on government benefits
- Cannot require waiver of rights
- Privacy protections for medical information
Genetic Discrimination Prohibition
New Jersey prohibits genetic discrimination in insurance:
What Is Prohibited
| Action | Prohibition |
|---|---|
| Requiring Testing | Cannot require genetic testing |
| Using Results | Cannot use genetic test results in underwriting |
| Adverse Action | Cannot deny or rate based on genetics |
| Family History | Limited use of family history |
GINA Protections
- Federal GINA law provides additional protections
- Applies to health insurance primarily
- Prohibits using genetic information in employment
STOLI Prohibition
Stranger-Originated Life Insurance (STOLI) is prohibited in New Jersey:
What Is STOLI?
- Life insurance arranged by someone without insurable interest
- Investor funds premium
- Investor becomes beneficiary
- Violates insurable interest requirement
Why It's Prohibited
- Violates public policy
- Creates moral hazard
- Treats life insurance as speculative investment
- May involve fraud
Must credit life insurance be disclosed as optional to borrowers in New Jersey?
What triggers accelerated death benefits in New Jersey?
What is STOLI and what is its status in New Jersey?
Can New Jersey health insurers require genetic testing as a condition of coverage?
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