New Hampshire Administrative Code

All insurers authorized to write automobile insurance in this state and all producers licensed to represent such insurers for automobile insurance in this state shall participate in the facility. Notes N.H. Admin. Code § Ins 1406.03 (See Revision Note #1 at chapter heading for In…

(a) All insurers authorized to write automobile insurance in this state shall issue to any eligible risk a policy of automobile insurance covering private passenger automobiles. The policy shall be of the type afforded by such insurer to the public, and utilizing the premium paym…

The insurer shall protect the driving privileges of its insureds to be licensed to operate a motor vehicle in the state of New Hampshire. Therefore, upon notice to the insurer that it has become necessary for an insured to file evidence of financial responsibility with the state …

(a) Every member shall be bound by the plan of operation of the facility. (b) Any member whose membership in the facility terminates, nevertheless shall continue to be bound by the plan of operation of the facility with respect to its obligations incurred during its membership. (…

(a) The commissioner shall appoint a board of governors (board) composed of 12 representatives and nominated as follows: (1) The merger of the American Insurance Association (AIA) and the Property Casualty Insurers Association of America (PCI) resulted in the formation of the Ame…

(a) There shall be a biennial meeting of the facility in New Hampshire at a date and time designated by the board. (b) Special meetings of the facility may be called at any time by the chair of the board, and special meetings shall be called by the chair upon the written request …

Each member shall furnish or cause to be furnished such statistics in connection with insurance subject to the facility as required by the board, or commissioner, and each member shall authorize its statistical agent to release any such data as requested by the board. Such statis…

(a) When a policy of insurance is ceded to the facility, a member shall cede all terms and provisions of the policy covering private passenger automobile(s). (b) Coverages up to the following limits shall be eligible for cession to the facility: (1) Bodily injury liability $250,0…

(a) Each member ceding a policy of automobile insurance covering a private passenger automobile eligible risk to the facility shall give notice of cession to the facility for that eligible risk. The facility shall debit the member's account in the amount of the member premiums ce…

(a) SDIP points for motor vehicle convictions shall be assigned per licensed operator in accordance with motor vehicle records during the experience period as follows: (1) Convictions shall be assigned 4 points for the following offenses:a. Homicide or assault arising out of the …

(a) Facility earned premiums, incurred losses, income, and expenses shall be determined on the basis of generally accepted insurance accounting principles. The plan of operation shall provide that all investment income earned on business reinsured by the facility shall enter into…

(a) Facility business written by members shall be subject to review and audit in a manner and time prescribed by the board, and each member of the facility specifically authorizes the board or its designee to audit that part of the member's business which is ceded to the facility…

(a) Any person or member made or threatened to be made a party to any action, suit, or proceeding, because such person or member served on the board or on a committee of the facility or was an officer or employee of the facility, shall be indemnified by the facility. (b) The inde…

(a) Any person aggrieved with respect to the operation of the facility may petition the board for review on any alleged failure to comply with the plan of operation or any alleged improper act or ruling in the administration of the facility pursuant to Ins 1406.07(i). The request…

(a) The plan of operation for the New Hampshire automobile reinsurance facility shall be amended by the commissioner at any time pursuant to the provisions of RSA 541-A. (b) Amendments to the plan of operation shall be proposed at any biennial, special, or board meeting of the fa…

Each member shall maintain claim reserving procedures for claims arising out of facility business commensurate with the procedures utilized by the members for claims arising out of non-facility business. Notes N.H. Admin. Code § Ins 1406.18 (See Revision Note #1 at chapter headin…

The facility rates shall be developed utilizing data generated by the facility and filed for approval pursuant to the provisions of RSA 412:15 and RSA 412:16. Notes N.H. Admin. Code § Ins 1406.19 (See Revision Note #1 at chapter heading for Ins 1400) Derived from Volume XLI Numbe…

Insureds ceded to the facility shall be entitled to the same statutory and regulatory protections governing nonrenewal and cancellation as in the voluntary market. Notes N.H. Admin. Code § Ins 1406.20 (See Revision Note #1 at chapter heading for Ins 1400) Derived from Volume XLI …

(a) Pursuant to RSA 417-A:3-b, insurers or their producers shall provide to applicants, and shall require applicants to sign and date, form INS 1 Statement of Residency Including Applicable Exemptions in Appendix 1 prior to issuing or upon delivery of a policy of automobile insur…

(a) The commissioner, upon the commissioner's own initiative or upon request by an insurer, shall waive any requirement of this chapter if such waiver does not contradict the objective or intent of the rule and: (1) Applying the rule provision would cause confusion or would be mi…

The purpose of this chapter is to set forth rules and procedural requirements which the commissioner deems necessary to carry out the provisions of the NAIC Insurance Holding Company System Regulatory Act, RSA 401-B, hereinafter referred to as "the Act". The information called fo…

(a) "Executive officer" means chief executive officer, chief operating officer, chief financial officer, treasurer, secretary, controller, and any other individual performing functions corresponding to those performed by the foregoing officers under whatever title. (b) "Ultimate …

(a) Forms A, B, C, D, E and F are intended to be guides in the preparation of the statements required by RSA 401-B:3, RSA 401-B:3-a, RSA 401-B:4 and RSA 401-B:5. They are not intended to be blank forms which are to be filled in. The statements filed shall contain the numbers and …

(a) Information required by any item of Form A, Form B, Form D, Form E or Form F may be incorporated by reference in answer or partial answer to any other item. Information contained in any financial statement, annual report, proxy statement, statement filed with a governmental a…

If it is impractical to furnish any required information, document or report at the time it is required to be filed, there may be filed with the commissioner a separate document: (a) Identifying the information, document or report in question; (b) Stating why the filing thereof a…

In addition to the information expressly required to be included in Form A, Form B, Form C, Form D, Form E and Form F, the commissioner may request such further material information, if any, as may be necessary to make the information contained therein not misleading. The person …

The authority to invest in subsidiaries under RSA 401-B:2, II is in addition to any authority to invest in subsidiaries which may be contained in any other provision of Title XXXVII. Notes N.H. Admin. Code § Ins 1501.07 #1900, eff 1-1-82; ss by #4287, eff 7-1-87; ss by #5652, eff…

A person required to file a statement pursuant to RSA 401-B:3 shall furnish the required information on Form A, hereby made a part of this rule. Such person shall also furnish the required information on Form E, hereby made a part of this rule and described in Ins 1501.11. Notes …

The applicant shall promptly advise the commissioner of any changes in the information furnished on Form A arising subsequent to the date upon which the information was furnished but prior to the commissioner's disposition of the application. Notes N.H. Admin. Code § Ins 1501.09 …

(a) If the person being acquired is deemed to be a "domestic insurer" solely because of the provisions of RSA 401-B:3, I(d), the name of the domestic insurer on the cover page should be indicated as follows: " ", a subsidiary of (Insert name of insurance company) " " (Insert name…

(a) If a domestic insurer, including any person controlling a domestic insurer, is proposing a merger or acquisition pursuant to RSA 401-B:3, I, that person shall file a pre-acquisition notification form, Form E, which was developed pursuant to RSA 401-B:3-a, III(a). (b) Addition…

An insurer required to file an annual registration statement pursuant to RSA 401-B:4, shall furnish the required information on Form B, hereby made a part of these rules. Notes N.H. Admin. Code § Ins 1501.12 #1900, eff 1-1-82; ss by #4287, eff 7-1-87; ss by #5652, eff 7-1-93; ss …

An insurer required to file an annual registration statement pursuant to RSA 401-B:4 is also required to furnish information required on Form C, hereby made a part of these rules. Notes N.H. Admin. Code § Ins 1501.13 #1900, eff 1-1-82; ss by #4287, eff 7-1-87; ss by #5652, eff 7-…

(a) An amendment to Form B shall be filed within 15 days after the end of any month in which there is a material change to the information provided in the annual registration statement. (b) Amendments shall be filed in the Form B format with only those items which are being amend…

(a) Any authorized insurer may file a registration statement on behalf of any affiliated insurer or insurers which are required to register under RSA 401-B:4. A registration statement may include information not required by the Act regarding any insurer in the insurance holding c…

(a) A disclaimer of affiliation or a request for termination of registration claiming that a person does not, or will not upon the taking of some proposed action, control another person, hereinafter referred to as the "subject", shall contain the following information:(1) The num…

(a) An insurer required to give notice of a proposed transaction pursuant to RSA 401-B:5 shall furnish the required information on Form D, hereby made a part of these rules. (b) Agreements for cost sharing services and management services shall at a minimum and as applicable: (1)…

The ultimate controlling person of an insurer required to file an enterprise risk report pursuant to RSA 401-B:4, XII shall furnish the required information on Form F, hereby made a part of these rules. Notes N.H. Admin. Code § Ins 1501.18 #1900, eff 1-1-82; ss by #4287, eff 7-1-…

(a) Where an insurance holding company system has previously filed the annual group capital calculation at least once, the lead state commissioner has the discretion to exempt the ultimate controlling person from filing the annual group capital calculation if the lead state commi…

(a) Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following: (1) The amount of the proposed dividend; (2) The date established for payment of the dividend; (3) A statement as to whether the dividend or d…

The factors set forth in RSA 401-B:5, IV are not intended to be an exhaustive list. In determining the adequacy and reasonableness of an insurer's surplus no single factor is necessarily controlling. The commissioner instead will consider the net effect of all of these factors pl…

(a) The commissioner, upon the commissioner's own initiative or upon request by an insurer, shall waive any requirement of this chapter if such waiver does not contradict the objective or intent of the rule and: (1) Applying the rule provision would cause confusion or would be mi…

The purpose of this chapter is to provide for the establishment and maintenance of the New Hampshire medical malpractice joint underwriting association by providing the plan of operation of the association. The purpose of the association is to provide a mechanism to ensure that a…

Every insurer authorized to write liability insurance on a direct basis within this state, including every insurer covering such perils in multiple peril package policies, shall be a member of the association and shall remain a member as a condition of its authority to write such…

A member may terminate membership in the association as of the close of the fiscal year of the association in which its authority to write the insurance as described in Ins 1702.02 is terminated. With respect to all policies in force on the effective date of a member's terminatio…

(a) All insurers that are members of the association shall participate in its premiums, expenses, servicing allowance and losses in the proportion that the net direct premiums of such members written in this state during the preceding calendar years bear to the aggregate net dire…

Subject to the provisions of this chapter the commissioner, pursuant to Ins 1703.05, shall appoint one or more members to be servicing carriers or other non-member service organizations. Each eligible risk insured by the association shall receive the same level of service as is g…