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Bill > S1404


NJ S1404

NJ S1404
Broadens scope of information sharing and civil immunity therefor, related to insurance fraud.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill broadens the scope of information a person or entity, such as an insurance carrier, may disclose to other parties related to actual or potential insurance fraud, and the scope of the related civil immunity covering the person's or entity's distribution of that information. The bill concerns information disclosure practices related to insurance fraud, with the intent of strengthening State and insurance industry efforts to hamper fraudulent activities. To that end, the bill amends and supplements the State statutes governing insurance information practices, P.L.1985, c.179 (C.17:23A-1 et seq.), popularly referred to as the "Insurance Information Practices Act," and the "New Jersey Insurance Fraud Prevention Act," P.L.1983, c.320 (C.17:33A-1 et seq.). Specifically, the bill: -Expands the definition of "insurance-support organization" regarding insurance information practices, to permit any such organization to collect and report information about any person or entity in connection with an insurance transaction, going beyond the current scope as expressed in the definition, which focuses only on information collecting and reporting concerning an individual insured, applicant, or claimant; -Similarly expands the definition of "privileged information" regarding insurance information practices, to indicate that such information may relate to any person or entity concerning an insurance transaction; -Modifies the scope of permitted information disclosures with respect to insurance information practices, so that an insurance carrier, among other insurance institutions, or an agent or insurance-support organization may disclose privileged information (as defined above) about a person or entity in connection with, or in reasonable anticipation of, an insurance transaction, to: 1) another insurance institution, agent, or insurance-support organization; 2) any other person or entity involved in detecting or preventing criminal activity or insurance fraud; or 3) a law enforcement or other governmental authority; -Expands the existing immunity provided to any person or entity for disclosing information, as well as the existing immunity associated with the mandatory reporting requirements and information furnishings set forth under the "New Jersey Insurance Fraud Prevention Act," to apply to a cause of action "of any nature," instead of the current law's more limited immunity against causes of action in the nature of defamation, invasion of privacy, or other related actions; and -Establishes a new, similarly expansive immunity under the "New Jersey Insurance Fraud Prevention Act" relating to making reports to, or providing information to, or receiving information from: 1) the Commissioner of Banking and Insurance, or any employee, agent, or representative of the commissioner, including the Bureau of Fraud Deterrence; 2) federal, State, or local law enforcement, including the Office of the Insurance Fraud Prosecutor, or other governmental authority; 3) any person performing a business, professional, or insurance function concerning the detection or prevention of criminal activity, fraud, material misrepresentation, or material nondisclosure which violates the provisions of the "New Jersey Insurance Fraud Prevention Act"; 4) the National Association of Insurance Commissioners, a national nonprofit organization which assists state insurance regulators, individually and collectively, in serving the public interest and achieving insurance regulatory and market goals; or 5) the National Insurance Crime Bureau, a national nonprofit organization dedicated to preventing, detecting, and eliminating insurance fraud. By establishing a legal framework for the greater flow of information between the insurance industry and law enforcement, as well as among various parties within the insurance industry, the bill intends to strengthen the efforts of the Office of the Insurance Fraud Prosecutor and the insurance industry to thwart fraudulent activities.

AI Summary

This bill expands the types of information that can be shared and the protections for those who share it when dealing with insurance fraud, aiming to strengthen efforts against fraudulent activities. It broadens the definition of "insurance-support organization" and "privileged information" to include entities and information beyond just individual policyholders, allowing for the disclosure of this information to other insurance entities, those involved in detecting fraud, or law enforcement. Crucially, the bill significantly broadens civil immunity, meaning individuals or entities sharing information related to potential insurance fraud are protected from lawsuits for defamation, invasion of privacy, or any other type of legal claim, provided the information is shared in good faith and without malice. This enhanced immunity also extends to sharing information with various government bodies, including the Commissioner of Banking and Insurance, federal and state law enforcement like the Office of the Insurance Fraud Prosecutor, and national organizations such as the National Association of Insurance Commissioners and the National Insurance Crime Bureau, all in an effort to facilitate better information flow and combat insurance fraud more effectively.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Commerce Committee (on 01/13/2026)

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