N.J. Insurance Commissioner May Bring Administrative Action Against Applied Underwriters, Court Rules

TRENTON, N.J. — New Jersey insurance law allows the insurance commissioner to pursue an administrative action against Applied Underwriters Captive Risk Assurance Company Inc. and its affiliates for engaging in alleged improper insurance-related practices in the state, a New Jersey appellate court has ruled.

In an April 27 opinion, the New Jersey Superior Court, Appellate Division, found that Section 20 of the Non-Admitted Insurers Act does not require the commissioner to rely upon the state attorney general to sue the non-admitted companies in a New Jersey Superior Court.

“Based on the text, legislative history, and public policies of the …