New Jersey · Assembly Bill · 220th Legislature
AB537
New Jersey Assembly Bill No. 537 — An Act concerning discrimination in automobile insurance underwriting and supplementing P.L.1997, c.151 (C.17:29A-46.1 et al.)

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
The Commissioner of Banking and Insurance (DOBI) is the designated enforcement authority. The Commissioner is directed to adopt rules and regulations to effectuate the purposes of the act. No private right of action is created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The bill does not specify monetary penalties, damages, or remedies. Enforcement would be through the Commissioner of Banking and Insurance's regulatory authority under the Administrative Procedure Act.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Section 1
Annual non-discrimination documentation and definitions
Deployer

(a) 1 An automobile insurerAutomobile insurerNot formally defined in the bill; used throughout to refer to an insurer issuing automobile insurance policies that uses an automated or predictive underwriting system.Section 1 using an automated or predictive underwriting systemAutomated or predictive underwriting system"automated or predictive underwriting system" means a computer-generated process that is used to evaluate the risk of a policyholder and determine an insurance rate. An automated or predictive underwriting system may include, but is not limited to, the use of robotic process automation, artificial intelligence, or other specialized technology in its underwriting process.Section 1(b) shall annually provide documentation and analysis to the Department of Banking and Insurance to demonstrate that there is no discriminatory outcome in the pricing on the basis of race, ethnicity, sexual orientation, or religion, that is determined by the use of the insurer's automated or predictive underwriting systemAutomated or predictive underwriting system"automated or predictive underwriting system" means a computer-generated process that is used to evaluate the risk of a policyholder and determine an insurance rate. An automated or predictive underwriting system may include, but is not limited to, the use of robotic process automation, artificial intelligence, or other specialized technology in its underwriting process.Section 1(b). Additionally, an insurer shall demonstrate to the commissioner that each pricing segment is balanced and not disproportionate to the overall policyholder population.

(b) As used in this act, "automated or predictive underwriting systemAutomated or predictive underwriting system"automated or predictive underwriting system" means a computer-generated process that is used to evaluate the risk of a policyholder and determine an insurance rate. An automated or predictive underwriting system may include, but is not limited to, the use of robotic process automation, artificial intelligence, or other specialized technology in its underwriting process.Section 1(b)" means a computer-generated process that is used to evaluate the risk of a policyholder and determine an insurance rate. An automated or predictive underwriting systemAutomated or predictive underwriting system"automated or predictive underwriting system" means a computer-generated process that is used to evaluate the risk of a policyholder and determine an insurance rate. An automated or predictive underwriting system may include, but is not limited to, the use of robotic process automation, artificial intelligence, or other specialized technology in its underwriting process.Section 1(b) may include, but is not limited to, the use of robotic process automation, artificial intelligence, or other specialized technology in its underwriting process.

Section 1 establishes the bill's core substantive obligation: automobile insurers using automated or predictive underwriting systems must annually submit documentation and analysis to the Department of Banking and Insurance demonstrating that their pricing produces no discriminatory outcomes on the basis of race, ethnicity, sexual orientation, or religion. Insurers must also demonstrate that each pricing segment is balanced and not disproportionate to the overall policyholder population. This is a proactive annual certification obligation — insurers cannot satisfy it by waiting for a regulatory request.

The section also defines the covered system broadly as any computer-generated process used to evaluate policyholder risk and determine insurance rates, explicitly encompassing robotic process automation, artificial intelligence, and other specialized technology.

Compliance actions 1 item
1
Automobile insurersAutomobile insurerNot formally defined in the bill; used throughout to refer to an insurer issuing automobile insurance policies that uses an automated or predictive underwriting system.Section 1 using automated or predictive underwriting systemsAutomated or predictive underwriting system"automated or predictive underwriting system" means a computer-generated process that is used to evaluate the risk of a policyholder and determine an insurance rate. An automated or predictive underwriting system may include, but is not limited to, the use of robotic process automation, artificial intelligence, or other specialized technology in its underwriting process.Section 1(b) must annually submit documentation and analysis to the Department of Banking and Insurance demonstrating (1) no discriminatory outcome in pricing on the basis of race, ethnicity, sexual orientation, or religion, and (2) that each pricing segment is balanced and not disproportionate to the overall policyholder population.
R-02.1
Section 2
Rulemaking authority

The Commissioner of Banking and Insurance shall adopt rules and regulations pursuant to the "Administrative procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

Section 2 directs the Commissioner of Banking and Insurance to adopt rules and regulations under the Administrative Procedure Act to implement the bill. This is a standard delegation of rulemaking authority and creates no independent compliance obligation on insurers.

Section 3
Effective date and applicability

This act shall take effect on the first day of the sixth month next following enactment and shall apply to automobile insurance policies initiated or renewed on or after that date. The Commissioner of Banking and Insurance may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

Section 3 sets the effective date at the first day of the sixth month following enactment and limits application to automobile insurance policies initiated or renewed on or after that date. The Commissioner may take anticipatory administrative action as necessary for implementation. This is an operative-date provision with no independent compliance obligation.

Passage Likelihood

Failed
Status Failed
Final action Introduced, Referred to Assembly Financial Institutions and Insurance Committee

Legislative History

2022-01-11 Introduced, Referred to Assembly Financial Institutions and Insurance Committee

Entry Last Reviewed

2026-05-16
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