Title 24, Insurance

§431:8-208 Defense of action by unauthorized insurer; bond. (a) Before any unauthorized insurer files or causes to be filed any pleading in any court action, suit, or proceeding, or any notice, order, pleading, or process in an administrative proceeding before the commissioner, i…

§431:8-209 Attorney's fees. In an action against an unauthorized insurer upon a contract of insurance issued or delivered to a person in this State, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with t…

§431:8-210 Advertising prohibited. (a) No publication published in this State, or radio or television broadcaster, or any other agency or means for the dissemination of information operated or located in this State shall publish, broadcast, or otherwise disseminate within this St…

§431:8-211 Penalties. (a) Any person, other than an insured, who represents or aids an unauthorized insurer in violation of this part may be subject to a fine not in excess of $1,000. (b) Any unauthorized insurer who transacts any unauthorized act of an insurance business as set …

§431:8-301 Insurance placed with unauthorized insurer permitted. (a) In addition to section 431:8-205, insurance may be procured from an unauthorized insurer; provided that: (b) A surplus lines broker is not required to make a due diligence search to determine whether the full am…

§431:8-302 Surplus lines insurers. (a) No surplus lines broker shall, either knowingly or without reasonable investigation of the financial condition and general reputation of the insurer, place insurance with a financially unsound insurer or with an insurer engaging in an unfair…

§431:8-305 Evidence of insurance; changes; penalties. (a) Upon placing surplus lines insurance, the surplus lines broker shall as soon as reasonably possible deliver to the insured the policy or, if the policy is not available, the surplus lines broker's certificate, cover note, …

§431:8-306 Signature of broker and special endorsement of surplus lines policy. Every insurance contract procured and delivered as a surplus lines coverage pursuant to this part, including any evidence of insurance other than a policy, shall:

§431:8-307 Broker's duty to notify insured. No contract of insurance placed by a surplus lines broker under this part and no premium charged therefor shall be due and payable until the surplus lines broker, when business is originated by a surplus lines broker, or the producer, w…

§431:8-308 Surplus lines insurance valid. Insurance contracts procured as surplus lines coverage from unauthorized insurers shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect as like contracts issu…

§431:8-309 Effect of payment to surplus lines broker. Payment of a premium to a surplus lines broker acting for a person other than the surplus lines broker in negotiating, continuing, or reviewing any policy of insurance under this part shall be deemed to be payment to the insur…

§431:8-310 Surplus lines broker license required; application and qualifications for license. (a) No person shall procure any contract of surplus lines insurance with an unauthorized insurer unless the person is licensed as a surplus lines broker. (b) A person applying for a surp…

§431:8-312 Records of surplus lines broker. (a) Each licensed surplus lines broker shall keep in the broker's office in this State a full and true record of each surplus lines contract placed by the broker including a copy of the policy, certificate, cover note, or other evidence…

§431:8-313 Surplus lines broker's reports to commissioner. (a) Each surplus lines broker shall file electronically with the commissioner within forty-five days of the end of each calendar quarter a verified statement of all surplus lines insurance transacted during the calendar q…

§431:8-314 Surplus lines advisory organizations. (a) An advisory surplus lines organization of surplus lines brokers may be formed to: (b) Every such advisory organization shall file with the commissioner: (c) The commissioner shall, at least once in every five years, make or cau…

§431:8-315 Tax on surplus lines. (a) Within forty-five days after the end of each calendar quarter, each surplus lines broker shall pay to the director of finance, through the commissioner via the National Association of Insurance Commissioners' Online Premium Tax for Insurance o…

§431:8-316 Penalty for failure to file statement or remit tax. (a) If any surplus lines broker fails to: the surplus lines broker may be liable for a fine of up to $25 for each day of delinquency. (b) The commissioner may:

§431:8-317 License denial, nonrenewal, suspension, or revocation. (a) The commissioner may deny, place on probation, suspend, revoke, or refuse to issue or renew any surplus lines broker's license and may levy a civil penalty in accordance with articles 2 and 3, or any combinatio…

§431:8-318 Examination of surplus lines broker's accounts and records. Whenever deemed necessary the commissioner may examine the records and accounts of any surplus lines broker to determine whether the broker is conducting business in accordance with the requirements of this ar…

§431:8-319 Actions against surplus lines insurer; service of process. (a) A surplus lines insurer may be sued upon any cause of action arising in this State under any surplus lines insurance contract made by it or evidence of insurance issued or delivered by the surplus lines bro…

§431:8-320 Penalties. (a) Any surplus lines broker who in this State represents or aids an unauthorized insurer in violation of this article may be fined not more than $1,000. (b) In addition to any other penalty provided for in this part or otherwise provided by law, including a…

[§431:8-321] Nonresident licensing. (a) Except as provided in section 431:8-317, a nonresident applicant shall receive a nonresident surplus lines broker license if: (b) The commissioner may verify the surplus lines broker's licensing status through the producer database maintain…

[§431:8-322] Reciprocity. (a) The commissioner shall waive any requirements for a nonresident surplus lines broker license applicant with a valid license from the applicant's home state, except for the requirements imposed by section 431:8-321, if the applicant's home state award…

[§431:8-323] Exemption from examination. (a) Subject to section 431:8-322, an individual who applies for a nonresident surplus lines broker license in this State who was previously licensed to sell surplus lines insurance in another state shall not be required to complete any pre…

[§431:8-324] Surplus lines broker license examination. (a) An applicant for a surplus lines broker license shall pass a written examination unless exempt pursuant to section 431:8-323. The examination shall test the knowledge of the applicant concerning property, marine and trans…

[§431:8-325] Scope of examination. (a) The commissioner shall prescribe each examination, and each examination shall be of reasonably sufficient scope to test the applicant's knowledge relative to property, marine and transportation, vehicle, general casualty, and surety insuranc…

[§431:8-326] Time of examinations. (a) The commissioner shall give examinations within this State at times and places as may reasonably serve the convenience of both the commissioner and applicants. (b) The commissioner may require a waiting period of not more than six months bef…

§431:8-327 Prerequisites for license renewal. (a) To qualify for a license renewal, a licensee shall: (b) The required number of credit hours in approved continuing education courses shall be as follows: For purposes of this section, ethics training shall include but not be limit…

[§431:8-328] Continuing education recordkeeping. (a) Licensees shall maintain their own continuing education records and shall keep these records for four years after completion of an approved continuing education course. (b) Approved course providers shall maintain attendance re…

[§431:8-329] Commissioner's authority to grant waiver. Upon receiving a written request and a showing of good cause, the commissioner may grant a waiver of any requirement of an insurance law or rule as applied to an applicant or a producer. [L 2012, c 66, pt of §1]

ARTICLE 9 LICENSING OF ADJUSTERS AND BILL REVIEWERS PART I. GENERAL PROVISIONS §431:9-101 Scope. This article shall govern the qualifications and procedures for granting licenses to all insurance adjusters and independent bill reviewers. [L 1987, c 347, pt of §2; am L 2000, c 288…

§431:9-105 Definitions. As used in this article, unless the context otherwise requires: "Adjuster": "Independent adjuster" means an adjuster representing the interests of the insurer. "Independent bill reviewer": "Public adjuster" means an adjuster employed by and solely represen…

PART II. LICENSING REQUIREMENTS, PROCEDURES AND ENFORCEMENT §431:9-201 License required; exception. (a) No person engaging in the business of insurance in this State shall act as, be appointed as, or hold oneself out to be an adjuster or independent bill reviewer unless so licens…

§431:9-203 General qualifications for license. (a) For the protection of the public, the commissioner shall not issue or extend any license for an adjuster or independent bill reviewer: (b) An applicant for a license under this article shall notify the commissioner of the applica…

§431:9-204 Applications for license. (a) Application for an adjuster or independent bill reviewer license shall be made to the commissioner upon forms prescribed and furnished by the commissioner. As a part of or in connection with the application, the applicant shall furnish inf…

§431:9-206 Examinations for license. Prior to the issuance of the license, each applicant for license as an adjuster or independent bill reviewer shall personally take and pass to the satisfaction of the commissioner an examination given by the commissioner as a test of the appli…

§431:9-207 Scope of examination (a) Each examination shall be as the commissioner prescribes and shall be of reasonably sufficient scope to test the applicant's knowledge relative to the classes of insurance which may be dealt with under the license applied for, and of the duties…

§431:9-208 Time of examinations. (a) The commissioner shall give examinations at such times and places within this State as are reasonably necessary to serve the convenience of both the commissioner and applicants. (b) The commissioner may require a waiting period of not more tha…

§431:9-209 Advisory board. The commissioner may, in the commissioner's discretion, appoint a group of individuals, to be known as the advisory board, to make recommendations to the commissioner concerning any matter relating to the examinations provided for by this article. Any i…

§431:9-222 Qualification for adjuster's license. (a) To qualify for an adjuster's license, an applicant shall comply with this article and shall: (b) In addition to the requirements in subsection (a), an applicant for a public adjuster's license must file the bond required by sec…

§431:9-222.5 Claims adjusters; limited license. (a) The commissioner may issue a limited license to an adjuster who only adjusts either workers' compensation or crop insurance claims; provided that the adjuster: (b) An adjuster with a limited license issued under this section may…

§431:9-223 Public adjuster's bond. (a) Prior to the issuance of a license as a public adjuster, the applicant for such license shall file with the commissioner and shall maintain in force while so licensed, a surety bond in favor of this State. The bond shall be executed by an au…

§431:9-224 Separate licenses. The commissioner may license an individual as an independent adjuster or as a public adjuster, and separate licenses shall be required for each type of adjuster. An individual may be concurrently licensed under separate licenses as an independent adj…

§431:9-225 Form of adjusters' license. Adjusters' licenses shall be in such form as the commissioner prescribes. The licenses shall contain:

§431:9-226 Powers conferred by an adjuster's license. (a) An adjuster has authority under the adjuster's license only to investigate for, report to, or adjust for the adjuster's principal only on behalf of the insurers if licensed as an independent adjuster, or only on behalf of …

§431:9-228 Place of business. (a) The place of business of every licensed adjuster and independent bill reviewer shall be the place where the licensee principally conducts transactions under the licensee's license. (b) The licensee shall notify the commissioner of any change of b…