N.J. Admin. Code § 11:3-34.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 11:3-34.4 - Eligible person qualifications

(a) An "eligible person" is a person who is an owner or registrant of an automobile registered and principally garaged in this State or who is a resident and holds a valid New Jersey driver's license to operate an automobile, but does not include any person:

1. Who, during the three-year period immediately preceding application for, or renewal of, an automobile insurance policy has been convicted pursuant to 39:4-50 or 39:4-50.4a or for an offense of a substantially similar nature committed in another jurisdiction;

2. Who has been convicted of a crime of the first, second or third degree resulting from the use of a motor vehicle; or has been convicted of theft of a motor vehicle;

3. Whose driver's license to operate an automobile is under suspension or revocation;

4. Who has been convicted, within the five-year period immediately preceding application for or renewal of a policy of automobile insurance, of fraud or intent to defraud involving an insurance claim or an application for insurance;

5. Who has been successfully denied, with the immediately preceding five years' payment by an insurer of a claim in excess of $ 1,000 under an automobile insurance policy, if there was evidence of fraud or intent to defraud involving the automobile insurance claim or application. For the purpose of this section:

i. If the claim has been subject to litigation between the insurer and the insured in which the insurer defended against payment of the claim in whole or in part on grounds of fraud, it shall be conclusively presumed that the claim was successfully denied if judgment was entered for the insurer in the litigation; and conclusively presumed that the claim was not successfully denied if judgment was entered for the insured;

ii. If the claim has not been subject to litigation between the insurer and the insured, but the insurer denied the claim without payment by reason of fraud, it shall be presumed that the claim was successfully denied. This presumption may be overcome in an administrative proceeding pursuant to N.J.A.C. 11:3-33;

iii. If the incident was not reported to the New Jersey Office of Insurance Fraud Prosecutor pursuant to 17:33A-9 it shall be presumed that there was no evidence of fraud or intent to defraud;

6. Whose automobile insurance policy has been cancelled for nonpayment of premiums or financed premium with a lapse of coverage of at least 30 days, within the immediately preceding two-year period, unless the premium due on a policy for which application has been made is paid in full before issuance or renewal of the policy. For the purpose of this section, "paid in full" shall not include any transaction in which a lender obtains authority from an insured to cancel the policy and receive a refund from the insurer in the event the insured defaults on a loan used to pay the premium;

7. Who fails to obtain or maintain membership or qualification for membership in a club, group, or organization, if membership is a uniform requirement of the insurer as a condition of providing insurance, and if the dues or charges, if any, or other conditions for membership or qualifications for membership are applied uniformly throughout this State, are not expressed as a percentage of the insurance premium, and do not vary with respect to the rating classification of the member or potential member except for the purpose of offering a membership fee to family units. Membership fees, if applicable, may vary in accordance with the amount or type of coverage if the purchase of additional coverage, either as to type or amount, is not a condition for reduction of dues or fees;

8. Whose driving record for the three year period immediately preceding the application for or renewal of a policy of automobile insurance has an accumulation of seven or more automobile insurance eligibility points as determined in 11:3-34.5;

9. Who, during the three-year period immediately preceding application for, or renewal of, an automobile insurance policy, has knowingly provided materially false or misleading information in connection with an application for insurance, renewal of insurance or claim for benefits under an insurance policy;

10. Who is a named insured or who is insured under the same policy as a person whose driver's license is suspended or revoked and either:

i. The suspended or revoked driver has been convicted of a violation of 39:6B-2 within the previous three years; or

ii. With the exception of a conviction for violating N.J.S.A. 39:3-40i, other evidence exists indicating that the suspended or revoked driver has been operating a vehicle during the period of suspension or revocation; or

11. Who, for the purposes of nonrenewals under N.J.A.C. 11:3-8 only, does not satisfy the insurer's acceptance criteria as set forth in 11:3-8.1 2.

(b) An "eligible person" includes a person who is an owner or registrant of an automobile registered in this State or who holds a valid New Jersey driver's license to operate an automobile and is domiciled in this State who is temporarily residing out-of-State and whose car may be principally garaged in another state while the person either is a full time student or is in the military service and is stationed out-of-State.

N.J. Admin. Code § 11:3-34.4

Emergency Amendment, R.1992 d.380, effective 9/4/1992 (expires November 3, 1992).
See: 24 N.J.R. 3420(a).
Text added to (a)6 to specify a lapse of at least 30 days.
Adopted Concurrent Proposal, R.1992 d.481, effective 11/2/1992.
See: 24 N.J.R. 3420(a), 24 N.J.R. 4396(a).
Provisions of Emergency Amendment R.1992 d.380 readopted with changes effective 12/7/1992.
Emergency Amendment R.1993 d.135, effective 3/1/1993. (Operative March 8, 1993) (expires April 30, 1993.)
See: 25 N.J.R. 1290(a).
Definition of eligible person added at (b).
Adopted Concurrent Proposal, R.1993 d.238, effective 4/30/1993.
See: 25 N.J.R. 1290(a), 25 N.J.R. 2479(a).
Amended by R.1996 d.246, effective 6/3/1996.
See: 27 N.J.R. 2048(a), 28 N.J.R. 3002(b).
Added (a)9.
Amended by R.2001 d.44, effective 2/5/2001.
See: 32 N.J.R. 3891(a), 33 N.J.R. 573(a).
Amended by R.2003 d.469, effective 12/1/2003.
See: 35 N.J.R. 3260(a), 35 N.J.R. 5423(a).
In (a), substituted "seven" for "nine" following "accumulation of" in 8, added a new 9 and recodified former 9 as 10.
Amended by R.2007 d.373, effective 12/3/2007.
See: 38 N.J.R. 4624(a), 39 N.J.R. 5086(a).
In (a)10ii, substituted "With the exception of a conviction for violating N.J.S.A. 39:3-40i, other" for "Other", and inserted "or revocation" at the end.
Amended by R.2011 d.242, effective 9/19/2011.
See: 42 N.J.R. 1984(a), 43 N.J.R. 2525(a).
In (a)9, deleted "or" from the end; in (a)10ii, substituted "; or" for a period at the end; and added (a)11.