17B:17-1. Scope of act
This Subtitle 3 of Title 17B shall be known as the “Life and Health Insurance Code,” sometimes referred to herein as this “Code,” and shall have application only to life insurance, health insurance and annuities as herein defined. No part of Subtitle 3 of Title 17 and no other part of Title 17B as they now exist or may hereafter be constituted shall have any application to such insurance or annuities unless specifically otherwise provided in the act enacting this Code or in an act enacted subsequent to such act.
a. Any insurance company, domestic, alien or foreign, now or hereafter organized which in addition to doing the business of health insurance as defined in section 17B:17-4. Health insurance defined, is licensed to make, or shall hereafter become licensed to make, kinds of insurance other than those defined hereinafter in this chapter, shall be subject only to the hereinafter enumerated provisions of this Code but only in connection with such health insurance business:
(1) All the provisions of the following chapters:
Chapters 22, 26, 29, 34 and 35.
(2) All the provisions of the following sections:
17B:17-1, 17B:17-2. Insurer defined, 17B:17-4. Health insurance defined, and 17B:17-6. Person defined through 17B:17-14; 17B:18-1, 17B:18-3. Mutual insurer defined5 through 17B:18-40, 17B:18-63. Reinsurance of risks, 17B:18-66. Reinsurance pooling; 17B:19-5; 17B:24-1 through 17B:24-5, 17B:24-8. Exemption of proceeds–health insurance and disability provisions and 17B:24-9. Exemption of proceeds–group insurance;
(3) All of the provisions of the following articles of the designated chapter.
Articles 2 and 3 of Chapter 27.
b. The provisions of the following chapters and sections shall not be applicable to those insurance companies described in subsection “a” above:
(1) Chapters 21, 23, 30 and 33.
(2) 17B:18-41, 17B:18-42 Certificate of authority; when issuable., 17B:18-47. Increase or decrease of capital stock, 17B:18-56. Stock insurers; change of name, extension of corporate existence or amendment of charter or certificate of incorporation, 17B:18-57. Mutual insurers; change of name, extension of corporate existence or amendment of charter or certificate of incorporation, 17B:18-58. Mutual insurers; adoption of amended charter or certificate of incorporation, 17B:18-64. Prerequisites to reinsurance, 17B:18-65. Extended reinsurance and 17B:19-1. Expenses of investigation, analyses, and valuation of securities.
All such companies will remain subject to subtitle 3 of Title 17 except as above provided.
C. Any insurer now licensed under R.S.17:17-1, d. solely to do the business of health insurance shall be subject to every provision of this Code as a health insurer.
d. An insurer may be organized under the provisions of section 17B:18-4. Organization of stock or mutual insurer to do the business of health insurance as defined in section 17B:17-4. Health insurance defined and in addition kinds of insurance other than those kinds defined in this chapter, and in such case, it shall have all the obligations, powers and privileges of a health insurer organized under this Code and shall to the extent not inconsistent herewith be subject to all the provisions of Subtitle 3 of Title 17.
e. Except as otherwise specifically provided no provision of this Code shall apply to:
(1) Fraternal benefit societies as defined in Part 5A of Subtitle 3 of Title 17.
(2) Mutual benefit associations as defined in Part 6 of Subtitle 3 of Title 17.
(3) Hospital and medical service corporations as defined in Part 9 of Subtitle 3 of Title 17.
L.1971, C. 144, S.17B:17-1.
Original Text maintained by the State of New Jersey:
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