New Jersey Assembly Proposes An Act Requiring Commissioner Approval of all Certificates of Insurance
On February 7, 2013, the New Jersey General Assembly introduced the Certificates of Insurance Act (“Act”) (Assembly No. 3731). The proposed Act would apply to all certificates of insurance issued in connection with property, operations, or risks. The Act provides that a person shall not prepare, issue, request, or require the issuance of a certificate of insurance on property, operations, or risks located in this State unless: (1) the certificate of insurance form has been filed with and approved by the Commissioner of Banking and Insurance; or (2) the specific content and wording of the certificate of insurance form are established by any federal law or regulation or any law or regulation of New Jersey.
Significantly, the Act also specifies that a certificate of insurance shall not be considered to be a policy of insurance, shall not have the effect of amending, extending, or altering the coverage provided for in the referenced policy of insurance, and shall not confer new or additional rights to any person beyond those provided for in the referenced policy of insurance.