Chapter 431 — Chapter 431

ARTICLE 10G MOTORCYCLE AND MOTOR SCOOTER INSURANCE PART I. GENERAL PROVISIONS §431:10G-101 Definitions. As used in this article: "Accidental harm" means bodily injury, death, sickness, or disease caused by a motorcycle or motor scooter accident to a person. "Injury" means acciden…

§431:10G-102 Conditions of operation and registration of motorcycles and motor scooters. No person shall drive a motorcycle or motor scooter upon any public street, road, or highway of this State at any time unless such motorcycle or motor scooter is insured at all times under a …

§431:10G-103 Motorcycle or motor scooter self-insurance. The motorcycle or motor scooter insurance required by section 431:10G-102 may be satisfied by any owner of a motorcycle or motor scooter if:

§431:10G-104 Prerequisites for obtaining coverage. (a) Any person seeking to obtain the liability coverage required by this part after June 7, 1989, shall first: (b) A temporary insurance binder covering a period of not more than ninety days may be issued to a person who has a va…

§431:10G-105 Tort liability. (a) With respect to accidental harm incurred in or arising out of a motorcycle accident or motor scooter accident, tort liability is not abolished. (b) Any owner or operator of a motorcycle or motor scooter involved in a motor vehicle accident as defi…

§431:10G-106 Verification of insurance. Every insurer shall issue to each of its insureds a paper or electronic proof of insurance card for each motorcycle or motor scooter for which a liability policy under this article is written. The electronic proof of insurance card may be a…

§431:10G-107 Drivers education fund underwriters fee; motorcycle and motor scooter operators education fund. (a) The commissioner shall assess and levy upon each insurer, and self-insurer, a drivers education fund underwriters fee of $2 a year on each motorcycle or motor scooter …

§431:10G-108 Penalties. Any person who violates this article shall be subject to a citation by the police and shall be subject to a nonsuspendable fine of not less than $100 nor more than $1,000, thirty days imprisonment, a one year driver's license suspension, or any combination…

§431:10G-109 Rules. The commissioner may adopt rules pursuant to chapter 91 necessary for the purposes of this article. [L 1989, c 208, pt of §1]

PART II. RATES AND ADMINISTRATION §431:10G-201 Making of motorcycle and motor scooter insurance rates. (a) All premium rates for motorcycle and motor scooter insurance shall be made in accordance with the following provisions: (b) Except to the extent necessary to meet the provis…

§431:10G-202 Rate filings. (a) Every insurer shall file with the commissioner every manual of classification, rule, rate, rating plan, designation of rating territories, or standard for motorcycle or motor scooter insurance which it proposes to use. Every filing shall state the p…

§431:10G-203 Rate review: request by aggrieved party. (a) Any person aggrieved by the application as to such person of any classification, rule, standard, rate, or rating plan made, followed, or adopted by an insurer may make written request to the commissioner to review such app…

§431:10G-204 Rate review: rate methods in noncompliance with article. (a) If the commissioner has good cause to believe that a classification, rule, standard, rate, rating territory, or rating plan made, followed, or adopted by an insurer does not comply with the requirements of …

§431:10G-206 Rate administration. Except as otherwise provided in this article, the commissioner shall implement and evaluate motorcycle and motor scooter insurance rates in compliance with article 14. [L 1989, c 208, pt of §1]

PART III. COVERAGES AND RIGHTS §431:10G-301 Required motorcycle and motor scooter policy coverage. (a) An insurance policy covering a motorcycle or motor scooter shall provide insurance in the following amounts to pay, on behalf of the owner or any operator of the insured motorcy…

§431:10H-104 Definitions. As used in this article, unless the context requires otherwise, the definitions in this section apply throughout this article. "Applicant" means: "Certificate" means, for the purposes of this article, any certificate issued under a group long-term care i…

§431:10H-111 Right to return; free look provision. Long-term care insurance applicants shall have the right to return the policy or certificate within thirty days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is…

§431:10H-112 Outline of coverage required. (a) An outline of coverage shall be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means that prominently direct the attention of the recipient to the document and its purpos…

§431:10H-114 Life insurance policies offering long-term care benefits. (a) At the time of policy delivery, a policy summary shall be delivered for an individual life insurance policy that provides long-term care benefits within the policy or by rider. In the case of direct respon…

§431:10H-115 Incontestability period--group and individual policies. (a) For a policy or certificate that has been in force for less than six months an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim u…

§431:10H-117 Authority to adopt rules. The commissioner may adopt reasonable rules to promote premium adequacy and to protect the policyholder in the event of substantial rate increases, and to establish minimum standards for marketing practices, producer compensation, producer t…

PART II. LONG-TERM CARE INSURANCE MODEL REGULATION §431:10H-201 Policy definitions. (a) No long-term care insurance policy delivered or issued for delivery in this State shall use the terms set forth in this section, unless the terms are defined in the policy and the definitions …

§431:10H-202 Renewability. (a) The terms "guaranteed renewable" and "noncancellable" shall not be used in any individual long-term care insurance policy without further explanatory language in accordance with the disclosure requirements of section 431:10H-211. A policy issued to …

§431:10H-205 Continuation or conversion. (a) Group long-term care insurance issued in this State beginning July 1, 2000, shall provide covered individuals with a basis for continuation or conversion of coverage. (b) Group policies that restrict provision of benefits and services …

§431:10H-207.5 Premium rate schedule increases. (a) This section shall apply as follows: (b) An insurer shall request approval from the commissioner of a premium rate schedule increase, including an exceptional increase, at least sixty days prior to the notice to the policyholder…

§431:10H-211 Disclosure; renewability. (a) Individual long-term care insurance policies shall contain a renewability provision. The provision shall be appropriately captioned, shall appear on the first page of the policy, and shall clearly state the duration, where limited, of re…

§431:10H-217 Disclosure; benefit triggers. Activities of daily living and cognitive impairment shall be used to measure an insured's need for long-term care and shall be described in the policy or certificate in a separate paragraph and shall be labeled "Eligibility for the Payme…

§431:10H-217.5 Required disclosure of rating practices to consumers. (a) This section shall apply as follows: (b) Other than for policies for which no applicable premium rate or rate schedule increases can be made, insurers shall provide all of the information listed in this subs…

§431:10H-218 Prohibition against post-claims underwriting. (a) All applications for long-term care insurance policies or certificates except those that are guaranteed issue shall contain clear and unambiguous questions designed to ascertain the health condition of the applicant. …

§431:10H-220 Requirement to offer inflation protection; group and individual policies. (a) No insurer may offer a long-term care insurance policy unless the insurer also offers to the policyholder in addition to any other inflation protection the option to purchase a policy that …

§431:10H-221 Requirements for application forms and replacement coverage. (a) Application forms shall include questions designed to elicit information as to whether, as of the date of application, the applicant has another long-term care insurance policy or certificate in force o…

§431:10H-222 Reporting requirements. (a) Every insurer shall maintain records for each producer of the producer's amount of replacement sales as a per cent of the producer's total annual sales and the amount of lapses of long-term care insurance policies sold by the producer as a…

§431:10H-226 Loss ratio. (a) Benefits under long-term care insurance policies shall be deemed reasonable in relation to premiums; provided that the expected loss ratio is at least sixty per cent and calculated in a manner that provides for adequate reserving of the long-term care…

§431:10H-226.5 Initial filing requirements. (a) This section applies to any long-term care policy issued in this State after December 31, 2007. (b) An insurer shall provide the information listed in this subsection to the commissioner for approval sixty days prior to making a lon…

[§431:10H-227 Filing requirements; extraterritorial.] Prior to an insurer or similar organization offering group long-term care insurance to a resident of this State pursuant to section 431:10H-105, it shall file with the commissioner evidence that the group policy or certificate…

§431:10H-228 [Filing requirements; advertisements.] (a) Every insurer, health care service plan, or other entity providing long-term care insurance or benefits in this State shall provide a copy of any long-term care insurance advertisement intended for use in this State through …

§431:10H-229 Standards for marketing. (a) Every insurer, health care service plan, or other entity marketing long-term care insurance coverage in this State, directly or through producers, shall: (b) In addition to the acts or practices prohibited in article 13, all of the follow…

§431:10H-230 Standards of marketing--certain group policies. (a) With respect to the obligations set forth in this section, the primary responsibility of an association as defined in paragraph (2) of the definition of "group long-term care insurance" under section 431:10H-104, wh…

§431:10H-231 Suitability. (a) This section shall not apply to life insurance policies that accelerate benefits for long-term care. (b) Every insurer, health care service plan, or other entity marketing long-term care insurance (the "issuer") shall: (c) To determine whether the ap…

§431:10H-235 Standard format outline of coverage; group and individual policies. This section implements, interprets, and makes specific, the provisions of section 431:10H-112 in prescribing a standard format and the content of an outline of coverage, as follows:

§431:10H-236 Delivery of shopper's guide; group and individual policies. (a) A long-term care insurance shopper's guide in the format developed by the National Association of Insurance Commissioners, or a guide developed or approved by the commissioner, shall be provided to all p…

ARTICLE 11 INSURANCE HOLDING COMPANY SYSTEM §431:11-101 Scope and purpose. (a) This article applies to all persons doing an insurance business in this State unless specifically exempted under subsection (b). (b) The commissioner may exempt: (c) The purposes of this article includ…

§431:11-102 Definitions. As used in this article, unless the context shall otherwise require: "Affiliate" (including affiliate of, or person affiliated with, a specific person) means a person that, directly or indirectly through one or more intermediaries, controls or is controll…

§431:11-103 Subsidiaries of insurers. (a) Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged in the following kinds of business: (b) In addition to investments in common stock, preferred stoc…

§431:11-104 Acquisition of control or merger with domestic insurer. (a) The following are filing requirements for the acquisition of control of or merger with a domestic insurer: (b) The statement to be filed with the commissioner hereunder shall be made under oath or affirmation…

§431:11-104.3 Preacquisition notification; waiting period. (a) An acquisition covered by section 431:11-104.2 may be subject to an order pursuant to section 431:11-104.5 unless the acquiring person or the acquired person files a preacquisition notification and the waiting period …

§431:11-105 Registration of insurers. (a) Every insurer that is authorized to do business in this State and is a member of an insurance holding company system shall register with the commissioner, except a foreign insurer subject to registration requirements and standards adopted…

§431:11-106 Standards and management of an insurer within a holding company system. (d) For purposes of this article, in determining whether an insurer's surplus as regards policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financ…

§431:11-107 Examination. (a) Subject to the limitation contained in this section and in addition to the powers that the commissioner has under article 2 relating to the examination of insurers, the commissioner may examine any insurer registered under section 431:11-105 as reason…

§431:11-108 Confidential treatment. (b) Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner or with whom the documents, materials, or other information are shared pursuant to this art…