Key Takeaways
- The New Jersey Insurance Trade Practices Act prohibits misrepresentation, false advertising, and unfair competition
- Rebating is prohibited in New Jersey with limited exceptions for legitimate discounts
- Twisting and churning are prohibited practices subject to license revocation and fines
- The Unfair Claims Settlement Practices Act establishes claims handling standards
- Unfair discrimination in underwriting is prohibited except for actuarially justified factors
Last updated: January 2026
Unfair Trade Practices
The New Jersey Insurance Trade Practices Act prohibits various unfair or deceptive practices in the P&C insurance industry.
Misrepresentation
Producers and insurers are prohibited from:
False Statements
- Making false statements about policy terms or benefits
- Misrepresenting the financial condition of an insurer
- Using misleading policy illustrations
- Making false statements about competitors
- Misrepresenting the nature of insurance transactions
Examples of Misrepresentation
| Prohibited Statement | Why It's Misrepresentation |
|---|---|
| "This policy covers everything" | No policy covers all losses |
| "Your rates will never increase" | Rates can and do change |
| "This is the only policy you need" | May not be true |
| "You must buy today or lose rate" | False urgency |
| "FAIR Plan is just as good as regular coverage" | Coverage is more limited |
False Advertising
New Jersey prohibits deceptive insurance advertising:
- Ads must be truthful and not misleading
- Must clearly identify as insurance advertisement
- Cannot use testimonials that are not genuine
- Cannot imply government endorsement
- Must include insurer's name
- Cannot guarantee claims payment beyond policy terms
Rebating
Rebating is offering inducements not specified in the policy:
Prohibited
- Returning part of premium to insured
- Offering gifts of substantial value
- Paying for referrals to unlicensed individuals
- Sharing commission with non-licensed persons
Permitted
- Premium financing arrangements
- Legitimate filed discounts
- Marketing items of nominal value
- Dividends specified in policy
Twisting and Churning
Twisting
Making misrepresentations to induce replacement:
- Falsely claiming existing policy is inadequate
- Misrepresenting policy values
- Hiding costs of replacement
- Exaggerating benefits of new policy
Churning
Excessive replacement of policies to generate commissions:
- Multiple replacements for same client
- Pattern of replacements in book of business
- Ignoring client's best interests
Penalties
| Violation | Potential Penalty |
|---|---|
| First offense | Warning to suspension |
| Per violation | Fines |
| Pattern of violations | License revocation |
| Consumer harm | Restitution required |
Unfair Claims Settlement Practices
The New Jersey Unfair Claims Settlement Practices Act establishes standards:
Prohibited Practices
- Misrepresenting policy provisions to claimants
- Failing to acknowledge claims promptly
- Failing to communicate claim decisions
- Denying claims without reasonable investigation
- Offering substantially less than reasonable value
- Delaying payment to force settlement
- Not attempting good faith settlement when liability clear
- Failing to explain denial of claim
- Compelling litigation by offering unreasonably low settlements
Claims Handling Standards
| Requirement | Standard |
|---|---|
| Acknowledge claim | Promptly |
| Investigation | Reasonable and timely |
| Communication | Keep claimant informed |
| Decision | Based on facts and policy terms |
| Payment | Promptly after settlement |
Unfair Discrimination
New Jersey prohibits unfair discrimination in P&C insurance:
Prohibited Basis
- Race
- Religion
- National origin
- Gender (with some actuarial exceptions)
- Sexual orientation
- Disability unrelated to risk
Permitted Underwriting Factors
- Driving record (auto)
- Claims history (with limitations)
- Property condition
- Credit history (with disclosures and limitations)
- Territory (actuarially justified)
Test Your Knowledge
Which of the following is an example of twisting?
A
B
C
D
Test Your Knowledge
Under New Jersey's Unfair Claims Settlement Practices Act, which of the following is prohibited?
A
B
C
D
Test Your Knowledge
Which of the following is a permitted underwriting factor in New Jersey?
A
B
C
D