Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Understanding New Jersey’s Emergency Grace Period for Insurance Premium Payments

Author: Scarinci Hollenbeck, LLC

Date: April 16, 2020

Key Contacts

Back

Gov. Phil Murphy recently signed Executive Order No. 123 (EO 123), which extended the grace periods during which certain insurance companies will not be able to cancel policies for nonpayment of premiums…

On April 9, 2020, Gov. Phil Murphy signed Executive Order No. 123 (EO 123), which extended the grace periods during which certain insurance companies, including health insurers, life insurers, and property and casualty insurers, will not be able to cancel policies for nonpayment of premiums. EO 123 requires a minimum 60-day grace period for health and dental insurance policies, and a minimum 90-day grace period for life insurance, insurance premium-financing arrangements, and property and casualty insurance, which includes auto, homeowners, and renters insurance.

Understanding New Jersey’s Emergency Grace Period for Insurance Premium Payments

The New Jersey Department of Banking and Insurance has now issued guidance on how EO 123 will be implemented. Below is a brief summary provided by the Department:

The Department of Banking and Insurance guidance instructs carriers in the individual, small group, and large group health insurance markets to:

  • Provide a 60-day grace period to pay insurance premiums and continue paying claims during this period; allow policyholders to amortize any unpaid payments over the remaining policy period (for example, if six months are remaining, the policyholder must be given the option to pay the unpaid premium in six installments in addition to the regular monthly premium);
  • Provide those with individual health plans obtained through the federal Marketplace, and receive subsidies, up to a 60-day grace period with claims paid and additional flexibility;
  • Waive late payment and fees otherwise due, and not report late payments to credit reporting agencies;
  • Refrain from cancelling any policy or contract for nonpayment during the emergency grace periods, and not seek recoupment from any policyholder for any claims incurred during this emergency grace period; and
  • Waive certain rules that as a result of the COVID-19 emergency could serve as a barrier to coverage for employees and employers.

The Department of Banking and Insurance is directing property and casualty carriers to:

  • Provide a 90-day grace period to pay insurance premiums and continue paying claims during this period; allow policyholders to pay premiums not paid during the 90-day period over the remainder of the current policy term or in up to 12 months, whichever is longer;
  • Waive late payment fees otherwise due, and not report late payments to credit rating agencies;
  • Ensure that late payments during the 90-day period are not considered in any future premium calculations at any time (i.e. applicable late payments should not be counted for any rating, pricing, tiering attributes, etc.); and
  • Permit the grace period to be applied to all installment payments, including renewal down payments, provided that the insured provides notice to the insurer that they wish to continue coverage.

The Department of Banking and Insurance is directing life insurance carriers to:

  • Provide at least a 90-day grace period to policyholders or certificate holders to pay life insurance and annuity contracts premiums and allow premiums not paid during the 90-day period to be paid over the course of the following year in up to 12 equal installments;
  • Waive late payment fees otherwise due, including any interest permitted, and refrain from reporting late payments to credit rating agencies, during the 90-day period; and
  • Extend to 90 days the period to exercise policyholder and contract holder rights and benefits under life insurance and annuity contracts.

Under the guidance, carriers issuing Medicare Supplement plans and insurance premium finance companies must provide grace periods and repayment over a period of time.

The bulletins issued by the Department of Banking and Insurance are available here:

  • Bulletin – Health Insurance – Individual Market
  • Bulletin – Health Insurance – Small Employer Market
  • Bulletin – Health Insurance – Large Employer Market 
  • Bulletin – Health Insurance – Medicare Supplement 
  • Bulletin – Property and Casualty Insurance 
  • Bulletin – Life Insurance
  • Bulletin – Insurance Premium Finance Companies

Next Steps 

The extensions are not automatic. Businesses and consumers must contact their insurance company to take advantage of the emergency grace period and to discuss options to pay their premiums over time after the grace period ends.

The Department has directed all carriers to post information on their websites regarding the grace periods. They must also provide policyholders with an easily readable written description of the terms of the extended grace period offered pursuant to the Department’s guidance.

While it is somewhat reassuring for policyholders to hear of these new directions to assist newly cash-strapped policyholders, we do not recommend that anyone invite a fight with an insurance carrier over a claimed loss of insurance coverage by unnecessarily paying any premiums late. Directives need to be interpreted and enforced, and insurance carrier personnel may see things differently and intransigently – or not at all. Succinctly: premiums due are best paid when due.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Charles Yuen, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!