Key Takeaways

  • New Jersey commercial property insurance must comply with filed and approved rates
  • Commercial policies require specific disclosure of terrorism coverage options under TRIA
  • Surplus lines brokers must follow specific placement procedures for commercial risks
  • Commercial properties in high-risk areas may need FAIR Plan commercial coverage
  • Business interruption coverage has specific New Jersey requirements
Last updated: January 2026

New Jersey Commercial Property Insurance

New Jersey regulates commercial property insurance with specific requirements for rates, disclosures, and coverage availability.

Rate Regulation

Commercial property insurance rates must be:

  • Filed with DOBI before use (for most lines)
  • Not excessive, inadequate, or unfairly discriminatory
  • Based on actuarially justified loss experience
  • Subject to DOBI review and approval

Commercial Rate Filing

LineRate Regulation
Commercial PropertyFiled and approved
Commercial AutoFiled and approved
Workers' CompensationFiled and approved
Large Commercial RisksMay have more flexibility
Surplus LinesNot rate-regulated by NJ

Terrorism Insurance

TRIA (Terrorism Risk Insurance Act)

  • Federal program providing terrorism insurance backstop
  • New Jersey insurers must offer terrorism coverage
  • Policyholder can accept or reject terrorism coverage
  • Disclosure of coverage terms required

Required Disclosures

  • Coverage limits for terrorism
  • Premium for terrorism coverage
  • Right to accept or reject
  • Exclusions and limitations
  • Certified vs. non-certified acts

Commercial FAIR Plan

The New Jersey FAIR Plan also serves commercial properties:

Commercial Coverage

  • Basic fire and extended coverage
  • Building and business personal property
  • Higher limits available than residential
  • Requires evidence of voluntary market declination
  • Subject to inspection requirements

Surplus Lines Insurance

New Jersey allows surplus lines insurance for risks not available in the admitted market:

Surplus Lines Requirements

RequirementDetails
Diligent SearchMust document inability to place in admitted market
Eligible InsurerMust be on NJ eligible surplus lines insurer list
Surplus Lines BrokerMust use licensed SL broker
Surplus Lines Tax5% of premium
DisclosureMust disclose SL status and guaranty fund exclusion
Stamping OfficeFile with NJ Surplus Lines Stamping Office

Export Procedure

Before placing a risk with a surplus lines insurer:

  1. Document attempts to place in admitted market
  2. Verify insurer is on eligible list
  3. Obtain required acknowledgments from insured
  4. File with Surplus Lines Stamping Office
  5. Collect and remit surplus lines tax

Business Interruption Insurance

New Jersey has requirements for business interruption coverage:

Key Provisions

  • Must clearly define covered perils
  • Waiting/deductible period disclosed
  • Period of restoration defined
  • Extended period of indemnity options
  • Civil authority coverage requirements

Coverage Considerations

  • Physical damage trigger typically required
  • Virus exclusions may apply
  • Supply chain coverage available
  • Contingent business interruption options

Extra Expense Coverage

  • Covers costs to continue operations during restoration
  • Separate limit from business interruption
  • New Jersey requires clear disclosure of coverage terms
  • Important for businesses with continuity needs
Test Your Knowledge

What must a surplus lines broker do before placing a commercial risk with a surplus lines insurer in New Jersey?

A
B
C
D
Test Your Knowledge

Under TRIA, what must New Jersey commercial property insurers do regarding terrorism coverage?

A
B
C
D