Applied Underwriters Captive Risk Assurance Co. v. N.J. Dep’t of Banking and Ins.

The New Jersey Appellate Division held that the New Jersey Commissioner of the Department of Banking and Insurance may pursue an administrative action against non-admitted foreign insurance companies for alleged violations of New Jersey Insurance Law. Specifically, the Court dealt with N.J.S.A. 17:32-20, which specifies that the Attorney General “shall institute” actions in Superior Court in such matters. Here, the Commissioner instituted administrative actions in administrative courts. The Appellate Division ruled that the statute did not create a jurisdictional barrier to administrative actions and thus remanded to the Department’s administrative jurisdiction.

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