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N.J.A.C. 11:1-34.6 - page 2 / 5





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insurance producers of the burden of obtaining three declinations in cases where no reasonable

or adequate market among authorized insurers exist. On Wednesday, January 7, 2004, the

Department held its Exportable List Hearing for 2003. At the hearing testimony was provided as

to why items on the Exportable List should be added or deleted. The proposed amendment is a

result of testimony received during this hearing. The Department, on May 28, 2004, issued

Order No. A04-131, which approved the Hearing Officer’s Report and added commercial

automobile liability insurance for limousines to the Exportable List. The Hearing Officer’s Report

also recommended that licensed insurance producers be permitted to make a request to the

Department for an exemption from the general export prohibition upon health insurance in order

to export individual disability policies after making a diligent effort. The Attorney General’s office

has advised the Department that the providing of such an exemption is not explicitly supported

by applicable law see N.J.S.A. 17B:17-4 and N.J.A.C. 11:4-42.2. As a result, the Department is

not including that recommendation as part of this proposal. The Department has reviewed the

information and testimony received at the hearing and hereby proposes the following

amendment to the exportable list.

The Department is proposing to amend N.J.A.C. 11:1-34.6(a)29 to add commercial

automobile liability insurance for limousines, provided that the certificate of eligibility of the

eligible surplus lines insurer who will issue the policy states that they are permitted to write this


A 60-day comment period is provided for this notice of proposal and, therefore, pursuant

to N.J.A.C. 1:30-3.3(a)5, the proposal is not subject to the provisions of N.J.A.C. 1:30-3.1 and

3.2 governing rulemaking calendars.

Social Impact

The Department is adding commercial automobile liability insurance for limousines to the

Exportable List because there does not appear to exist a reasonable or adequate market among

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