New Jersey Statutes

N.J. Stat. § 17:33A-4 (2026)

Violations

✓ current as of May 2026

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4. a. A person or a practitioner violates this act if he:

(1) Presents or causes to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy or the "Unsatisfied Claim and Judgment Fund Law," P.L.1952, c.174 (C.39:6-61 et seq.), knowing that the statement contains any false or misleading information concerning any fact or thing material to the claim; or

(2) Prepares or makes any written or oral statement that is intended to be presented to any insurance company, the Unsatisfied Claim and Judgment Fund, or any claimant thereof in connection with, or in support of or opposition to any claim for payment or other benefit pursuant to an insurance policy or the "Unsatisfied Claim and Judgment Fund Law," P.L.1952, c.174 (C.39:6-61 et seq.), knowing that the statement contains any false or misleading information concerning any fact or thing material to the claim; or

(3) Conceals or knowingly fails to disclose the occurrence of an event which affects any person's initial or continued right or entitlement to (a) any insurance benefit or payment or (b) the amount of any benefit or payment to which the person is entitled;

(4) Prepares or makes any written or oral statement, intended to be presented to any insurance company or producer for the purpose of obtaining:

(a) a motor vehicle insurance policy, that the person to be insured maintains a principal residence in this State when, in fact, that person's principal residence is in a state other than this State; or

(b) an insurance policy, knowing that the statement contains any false or misleading information concerning any fact or thing material to an insurance application or contract;

(5) Conceals or knowingly fails to disclose any evidence, written or oral, which may be relevant to a finding that a violation of the provisions of paragraph (4) of this subsection a. has or has not occurred; or

(6) Prepares, presents or causes to be presented to any insurer or other person, or demands or requires the issuance of, a certificate of insurance that contains any false or misleading information concerning the policy of insurance to which the certificate makes reference, or assists, abets, solicits or conspires with another to do any of these acts. As used in this paragraph, "certificate of insurance" means a document or instrument, regardless of how titled or described, that is, or purports to be, prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverage. The term shall not include a policy of insurance, insurance binder, policy endorsement, or automobile insurance identification or information card.

b. A person or practitioner violates this act if he knowingly assists, conspires with, or urges any person or practitioner to violate any of the provisions of this act.

c. A person or practitioner violates this act if, due to the assistance, conspiracy or urging of any person or practitioner, he knowingly benefits, directly or indirectly, from the proceeds derived from a violation of this act.

d. A person or practitioner who is the owner, administrator or employee of any hospital violates this act if he knowingly allows the use of the facilities of the hospital by any person in furtherance of a scheme or conspiracy to violate any of the provisions of this act.

e. A person or practitioner violates this act if, for pecuniary gain, for himself or another, he directly or indirectly solicits any person or practitioner to engage, employ or retain either himself or any other person to manage, adjust or prosecute any claim or cause of action, against any person, for damages for negligence, or, for pecuniary gain, for himself or another, directly or indirectly solicits other persons to bring causes of action to recover damages for personal injuries or death, or for pecuniary gain, for himself or another, directly or indirectly solicits other persons to make a claim for personal injury protection benefits pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.); provided, however, that this subsection shall not apply to any conduct otherwise permitted by law or by rule of the Supreme Court.

f. A person who operates a motor vehicle on the public highways of this State, which motor vehicle is insured by a policy issued under the laws of another state, and who maintains a principal residence in this State or who has his motor vehicle principally garaged in this State violates the provisions of P.L.1983, c.320 (C.17:33A-1 et seq.) if he has knowingly prepared or made any written or oral statement, presented to any insurance company or producer licensed to transact the business of insurance under the laws of that other state, and which resulted in obtaining a motor vehicle insurance policy for his motor vehicle in that other state, that the person to be insured:

(1) Maintains a principal residence in the other state when, in fact, that person's principal residence is in this State; or

(2) Has his vehicle principally garaged in the other state, when, in fact, that person has his motor vehicle principally garaged in this State.

This subsection shall not apply to a person who insures a vehicle in another state, as permitted by and in accordance with the laws of that state, based on a second residence, or attendance at an educational institution, in that other state, if in obtaining the policy the person truthfully discloses to the insurance company or producer the state of the person's principal residence and the state where the vehicle is principally garaged.

g. A person, organization, or business violates the provisions of P.L.1983, c.320 (C.17:33A-1 et seq.) if such person, organization, or business purposely or knowingly:

(1) Makes a false or misleading statement, representation, or submission, including failing to properly classify employees in violation of state wage, benefit and tax laws as defined in section 1 of P.L.2009, c.194 (C.34:1A-1.11), for the purpose of evading the full payment of insurance benefits or premiums; or

(2) Coerces, solicits, or encourages, or employs, contracts, or otherwise conspires with a person to coerce, solicit, or encourage, any individual to make a false or misleading statement, representation or submission concerning any fact that is material to a claim for insurance benefits, or the payment of insurance benefits or insurance premiums, for the purpose of wrongfully obtaining the benefits or of evading the full payment of the insurance benefits or insurance premiums.

Notes of Decisions

Cited in 23 cases (14 in the last 5 years), 1994–2026 · leading case: Certain Underwriters at Lloyd's of London v. Alesi, 843 F. Supp. 2d 517 (D.N.J. 2011).

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Certain Underwriters at Lloyd's of London v. Alesi, 843 F. Supp. 2d 517 (D.N.J. 2011). · cites it 6× “Section 17:33A-4 (a)(5)(a)-(b) states, [a] person or a practitioner violates this act if he .”

Chiropractic All. of New Jersey v. Parisi, 854 F. Supp. 299 (D.N.J. 1994). “N.J.S.A. 17:33A-4. Any person or practitioner who violates any provision of the Act is subject to a sliding scale civil penalty based on the number of offenses committed in the past.”

Hawkins v. Globe Life Ins., 105 F. Supp. 3d 430 (D.N.J. 2015). “Specifically, Globe alleges plaintiff violated sections' N.J.S.A. ,17:33A-4(a)(3) and (a)(4)(b) which state that a person violates the act if s/he: (3) Conceals or knowingly fails to disclose the occurrence of an event which affects any person’s initial or continued right or…”

Marlene Caride, Etc. v. Paul B. Kumar (N.J. Super. Ct. App. Div. 2023). · cites it 7× “A-2627-21 10 that he met with Ronald, [Kathleen], and Robin and failed to disclose that they did not sign their applications," N.J.S.A. 17:33A-4(a)(3), and because he "submitted insurance applications that he knew contained false or misleading information regarding material…”

Aetna Health Inc. Vs. Biodiagnostic Lab'y Servs., LLC (l-2994-14, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). · cites it 6× “" N.J.S.A. 17:33A-4(a)(3). Second, Aetna alleges that "due to the assistance, conspiracy or urging of any person or practitioner" — that is, BLS and its numerous actors — Nicoll and Kerekes "knowingly benefit[ted], directly or indirectly, from the proceeds A-3335-17 12 derived…”

Symetra Life Ins. Co. v. Jjk 2016 Ins. Trust (D.N.J. 2020). · cites it 4× “Ann, § 17:33A-4),) Symetra submits the IFPA is violated when someone “[clonceals or knowingly fails to disclose any evidence, written or oral, which may be relevant to a finding that a violation of the provision of paragraph (4) of this subsection A.”

Allstate New Jersey Ins. Co. v. Harris C. Legome (l-0859-13, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). · cites it 3× “Pursuant to N.J.S.A. § 17:33A-4 a. A person or a practitioner violates this act if he: (1) Presents or causes to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy or the…”

Great N. Ins. Co. v. Mcmackin (D.N.J. 2019). · cites it 3× “Paragraph 2 of the June 26 Order is hereby clarified to state: The Trustee’s Cross-Motion is GRANTED only insofar as Great Northern is barred from raising the affirmative defense of fraud based on N.J.S.A. 17:33A-4(a)(1-3) and the facts alleged in the Motion before this Court.”

Aetna Life Ins. Co. v. Maximum Med. & Rehab. (D.N.J. 2025). · cites it 3× “2018) (citing N.J.S.A. 17:33A-4); (see also SAC ¶¶ 48–49 (quoting N.”

Open Mri & Imaging of Rp Vestibular Diagnostics, P.A. v. Horizon Blue Cross Blue Shield of New Jersey (D.N.J. 2022). · cites it 2× “2018) (citing N.J.S.A. 17:33A-4); see also Gov’t Emps. Ins.”

State Farm Guar. Ins. Co. v. Tri-Cnty. Chiropractic & Rehab. Ctr., P.C. (D.N.J. 2023). · cites it 2× “N.J.S.A. § 17:33A-4(1)–(3). In other words, the IFPA “prohibits the submission of insurance reimbursement claims when a party knows that the claim contains false or misleading information concerning any fact or thing material to the claim, and prohibits concealment or knowing…”

Baglivo (D.N.J. 2025). · cites it 2× “Application-Stage Statements Section 17:33A-4(a)(4)(b) states that a person violates the statute if he: [p]repares or makes any written or oral statement, intended to be presented to any insurance company or producer for the purpose of obtaining .”

Show all 23 citing cases →

— N.J. Stat. § 17:33A-4(1) — 1 case

State Farm Guar. Ins. Co. v. Tri-Cnty. Chiropractic & Rehab. Ctr., P.C. (D.N.J. 2023). “N.J.S.A. § 17:33A-4(1)–(3). In other words, the IFPA “prohibits the submission of insurance reimbursement claims when a party knows that the claim contains false or misleading information concerning any fact or thing material to the claim, and prohibits concealment or knowing…”

— N.J. Stat. § 17:33A-4(a) — 1 case

Great N. Ins. Co. v. Mcmackin (D.N.J. 2019). “Paragraph 2 of the June 26 Order is hereby clarified to state: The Trustee’s Cross-Motion is GRANTED only insofar as Great Northern is barred from raising the affirmative defense of fraud based on N.J.S.A. 17:33A-4(a)(1-3) and the facts alleged in the Motion before this Court.”

— N.J. Stat. § 17:33A-4(a)(1) — 8 cases

Aetna Life Ins. Co. v. Maximum Med. & Rehab. (D.N.J. 2025). “2018) (citing N.J.S.A. 17:33A-4); (see also SAC ¶¶ 48–49 (quoting N.”

In the Matter of Proceedings by the Comm'r of Banking & Ins., Etc. (new Jersey Dep't of Banking & Ins.) (N.J. Super. Ct. App. Div. 2019).

Richard J. Badolato, Etc. Vs. Charyse Mcmillan (dc-017383-16, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).

Margin Holdings, Ltd., LLC v. Franklin Mut., Etc. v. Samuel Ornstein (l-0032-16, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).

— N.J. Stat. § 17:33A-4(a)(3) — 6 cases

Certain Underwriters at Lloyd's of London v. Alesi, 843 F. Supp. 2d 517 (D.N.J. 2011). “Section 17:33A-4 (a)(5)(a)-(b) states, [a] person or a practitioner violates this act if he .”

Marlene Caride, Etc. v. Paul B. Kumar (N.J. Super. Ct. App. Div. 2023). “A-2627-21 10 that he met with Ronald, [Kathleen], and Robin and failed to disclose that they did not sign their applications," N.J.S.A. 17:33A-4(a)(3), and because he "submitted insurance applications that he knew contained false or misleading information regarding material…”

Aetna Health Inc. Vs. Biodiagnostic Lab'y Servs., LLC (l-2994-14, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “" N.J.S.A. 17:33A-4(a)(3). Second, Aetna alleges that "due to the assistance, conspiracy or urging of any person or practitioner" — that is, BLS and its numerous actors — Nicoll and Kerekes "knowingly benefit[ted], directly or indirectly, from the proceeds A-3335-17 12 derived…”

Allstate New Jersey Ins. Co. v. Harris C. Legome (l-0859-13, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “Pursuant to N.J.S.A. § 17:33A-4 a. A person or a practitioner violates this act if he: (1) Presents or causes to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy or the…”

— N.J. Stat. § 17:33A-4(a)(4) — 2 cases

Petri v. Drive New Jersey Ins. Co. (D.N.J. 2024).

Symetra Life Ins. Co. v. Jjk 2016 Ins. Trust (D.N.J. 2020). “Ann, § 17:33A-4),) Symetra submits the IFPA is violated when someone “[clonceals or knowingly fails to disclose any evidence, written or oral, which may be relevant to a finding that a violation of the provision of paragraph (4) of this subsection A.”

— N.J. Stat. § 17:33A-4(a)(4)(b) — 4 cases

Baglivo (D.N.J. 2025). “Application-Stage Statements Section 17:33A-4(a)(4)(b) states that a person violates the statute if he: [p]repares or makes any written or oral statement, intended to be presented to any insurance company or producer for the purpose of obtaining .”

Marlene Caride, Etc. Vs. Andrew Tepedino (new Jersey Dep't of Banking & Ins.) (N.J. Super. Ct. App. Div. 2021).

— N.J. Stat. § 17:33A-4(a)(5) — 1 case

— N.J. Stat. § 17:33A-4(a)(b)(4) — 1 case

— N.J. Stat. § 17:33A-4(a)(l) — 2 cases

Certain Underwriters at Lloyd's of London v. Alesi, 843 F. Supp. 2d 517 (D.N.J. 2011). “Section 17:33A-4 (a)(5)(a)-(b) states, [a] person or a practitioner violates this act if he .”

Gov't Employees Ins. v. Korn, 310 F.R.D. 125 (2015).

— N.J. Stat. § 17:33A-4(b) — 1 case

Open Mri & Imaging of Rp Vestibular Diagnostics, P.A. v. Horizon Blue Cross Blue Shield of New Jersey (D.N.J. 2022). “2018) (citing N.J.S.A. 17:33A-4); see also Gov’t Emps. Ins.”

— N.J. Stat. § 17:33A-4(b)(5) — 1 case

— N.J. Stat. § 17:33A-4(c) — 1 case

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