New Jersey § 13:1k-28
Full text of New Jersey New Jersey Statutes § 13:1k-28, with citation guidance and answers to common questions.
§ 13:1k-28.
a. The department may institute an administrative procedure to determine whether an
owner of a facility which generates, stores, or handles any extraordinarily hazardous
substances should be required to authorize the insurance carrier or carriers which
underwrite environmental liability or workers' compensation insurance for that facility
to release to the department information relevant to the risks posed by the facility's
management of the substance or substances. If so authorized, the insurance carrier or carriers shall release the information
within the period of time established by the department, but in no case less than
two weeks. b. An insurance carrier or its representative shall not be held liable in a civil
proceeding for any statement made or action taken voluntarily or in response to an
authorization or request from the client facility pursuant to this section unless
actual malice on the part of the insurer or its representative is present. This immunity shall extend to protect an insurance carrier or its representative
from being held liable to any party who sustains any loss or injury as a direct or
consequential result of the carrier's or its representative's compliance, noncompliance,
or attempt to comply with this act. c. The department is authorized to disclose information obtained from an insurance
carrier or its representative pursuant to this section only to its own employees or
agents to assist in enforcing the provisions of this act, or for use in a civil or
criminal proceeding, if so ordered by a court. d. A person who, as required by this section, knowingly and willfully refuses to release
information required under this act, or fails to hold information received under this
act in confidence, is liable for a penalty not to exceed $5,000.00, to be collected
and enforced in a summary manner under “the penalty enforcement law” ( N.J.S. 2A:58-1 et seq. ). The proceedings may be brought by the department or by a person or an insurer injured
by a failure to keep the information confidential. If a money judgment is rendered against the defendant, it shall be paid to the plaintiff. A reasonable and good faith effort to comply with the provisions of this section
shall be a defense to an alleged violation of this section.
Frequently Asked Questions About New Jersey § 13:1k-28
What does New Jersey Statutes § 13:1k-28 cover?
Section 13:1k-28 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 13:1k-28?
A common citation format is "New Jersey Statutes § 13:1k-28" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 13:1k-28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.