Title XXXVII, Insurance

I. In determining whether or not a competitive market exists pursuant to RSA 412:13, the commissioner shall monitor the degree of competition in this state. In doing so, the commissioner shall utilize existing relevant information, analytical systems and other sources; cause or p…

Rates shall be made in accordance with the following provisions: I. Rates shall not be excessive, inadequate, or unfairly discriminatory. (a) A rate in a competitive market shall not be disapproved for being excessive. (b) A rate in a noncompetitive market is excessive if it is l…

I. This section shall not apply to: (a) Financial guaranty. (b) Employment practices liability. (c) Commercial inland marine. (d) Directors and officers liability. (e) Boiler and machinery. (f) Commercial credit insurance products. (g) Surety bonds. (h) Mortgage guaranty. (i) Fid…

I. To promote awareness of and incentives for fortified homes and commercial property standards, and other mitigation and resiliency programs, the commissioner shall utilize, develop, or cause to be developed a report which shall be provided on a readily available basis to purcha…

No insurance company authorized to transact business in this state, which insures against loss by reason of the liability to pay damages to others for damage to property or bodily injury including death, arising from the operation, maintenance, or use of motor vehicles within thi…

An insurer may not refuse to issue a policy of automobile insurance, as defined in RSA 417-A, to an applicant solely because the applicant is a volunteer driver. An insurer may not impose a surcharge or otherwise increase the rate for a policy of automobile insurance solely on th…

I. For filings made in a noncompetitive market and residual market filings, if within the waiting period or any extension thereof as provided in RSA 412:16, VIII, the commissioner finds that a filing does not meet the requirements of this chapter, written notice of disapproval sh…

I. This chapter applies to all classes of property and casualty insurance that are now or may hereafter be written in any combination on risks or operations located in this state under the provisions of RSA 401:1, I, II, V, VI, VII, and VIII and any miscellaneous insurance under …

I. No advisory organization or statistical agent shall provide any service relating to statistical collection or the rates of any insurance subject to this chapter, and no insurer shall utilize the services of such organization for such purposes unless the organization has obtain…

I. No insurer or advisory organization shall: (a) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market. (b) Engage in a boycott, on a concerted basis, of an insurance market. II. No insurer shall agree with any other insurer or wit…

In addition to the other prohibitions contained in this chapter, except as specifically permitted under RSA 412:23 and RSA 412:24, no advisory organization or statistical agent shall compile or distribute recommendations relating to rates that include expenses, other than loss ad…

An advisory organization in addition to other activities not prohibited, is authorized, on behalf of its members and subscribers, to: I. Develop statistical plans including territorial and class definitions. II. Collect statistical data from members, subscribers or any other sour…

In addition to other activities not prohibited, any statistical agent is authorized, on behalf of its members and subscribers, to: I. Develop statistical plans including territorial and class definitions. II. Collect statistical data from members, subscribers or any other source.…

Every advisory organization shall file with the commissioner before the effective date every statistical plan, all prospective loss costs, provisions for special assessments and all supplementary rating information and every change or amendment or modification of any of the foreg…

I. Notwithstanding RSA 412:21, II and III, insurers participating in joint underwriting, joint reinsurance pools, assigned risk or residual market mechanisms may in connection with such activity act in cooperation with each other in the making of rates, rating systems, policy for…

I. Every advisory organization and every insurer shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by the insurer, or to the authorized representative …

I. Every insurer, that insures employers against liability for compensation under the workers' compensation law, RSA 281-A, shall file with the insurance commissioner individually or in collaboration with others, in such form as the commissioner may prescribe every manual, minimu…

The commissioner may withdraw approval of any premium, rate, rating manual, or schedule filed by any insurer according to RSA 412:28, if, in the commissioner's judgment, such rate filing no longer results in premiums that are adequate, not excessive, or not unfairly discriminator…

In this chapter: I. [Repealed.] II. "Advisory organization" means any entity, including its affiliates or subsidiaries, which either has 2 or more member insurers or is controlled either directly or indirectly by 2 or more insurers, and which assists insurers in ratemaking-relate…

Any insured receiving a premium quote from an insurer, based on an approved rating plan, as described in RSA 412:28, that is higher than the premium that would be derived from the rates and rating plan approved for the assigned risk plan, shall be made aware by the insurer, in wr…

All insurance carriers authorized to write workers' compensation insurance shall make available, at the written request of the employer, a workers' compensation insurance rate containing a deductible provision which shall bind the employer to pay, at a minimum, 100 percent of the…

I. In this section: (a) "Business headquarters" or "headquarters" means the state in which the business resides, as evidenced by filing of federal income taxes. (b) "Extraterritorial" means the movement of employees and exposures across state lines. (c) "Terminal" or "base of ope…

All insurance companies writing workers' compensation coverage for risks located in the state of New Hampshire shall provide to each policyholder, on at least an annual basis, premium and loss information relative to the risk's workers' compensation experience. Such information s…

The commissioner may permit insurers to use appropriate systems of schedule rating filed by any insurer or advisory organization approved by the commissioner, subject to rules adopted under RSA 541-A, to assure the uniform and impartial application of such rating. Such ratings sh…

I. All workers' compensation policies issued in this state shall be issued on an auditable basis. A final premium shall be charged based upon actual exposure existing during the term of the policy coverage. II. Audits shall be conducted by either physical inspection of an insured…

The adjusted rate arrived at by any reduction or increase from the basic rate filed with and approved by the commissioner, in the application of such system of schedule or merit rating, shall be clearly set forth in the insurance contract or in the endorsement attached thereto.

Every certificate of insurance issued or presented in this state pursuant to a workers' compensation insurance policy shall contain the following information: I. All states for which such statutory coverage is provided; II. Names of all executive officers or members who are exclu…

The commissioner shall consult with workers' compensation advisory organizations, workers' compensation carriers, and third party administrators or self-insureds regarding the most effective options for including workers' compensation medical claims data in the New Hampshire comp…

I. The commissioner may, as often as he or she deems it expedient, make or cause to be made an examination of each advisory organization or statistical agent referred to in RSA 412:20 and of each group, association or other organization referred to in RSA 412:26, provided that ea…

No person or organization shall willfully withhold information that will affect the rates or premiums chargeable under this chapter from, or knowingly give false or misleading information to the commissioner, any statistical agent, any advisory organization or any insurer. A pers…

I. The commissioner may utilize, develop, or cause to be developed consumer information which shall be provided on a readily available basis to purchasers of homeowners, private passenger nonfleet automobile, or property insurance for personal, family, or household needs. II. The…

I. The commissioner, may upon a finding that any person or organization has violated any provisions of this chapter, impose a penalty of not less than $500 or more than $10,000 for each violation, but if the violation is found to be willful, a penalty of not less than $1,000 or m…

Any insurer or organization aggrieved by any order or decision of the commissioner shall be entitled to a hearing and appeal in accordance with the provisions of RSA 541-A.

The commissioner may by his or her own initiative or upon request of any person, by rule exempt any market from any or all of the provisions of this chapter, if and to the extent that the exemption is necessary to achieve the purposes of this chapter.

I. The commissioner may make reasonable rules as necessary to effect the purposes of this chapter. II. The commissioner shall adopt rules, under RSA 541-A, relative to defining "resident" for the purposes of this chapter and RSA 417-A. Such definition shall include any criteria n…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application; and, to this end, the …

I. Every insurer and advisory organization shall file policy forms, endorsements, and other contract language covered by this chapter and RSA 264, for a waiting period of 30 days before it becomes effective, which period may be extended by the commissioner for an additional perio…

No insurer shall issue or deliver any policy of insurance in New Hampshire covering liability claims for bodily injury, property damage, or wrongful acts , which shall contain any provision making the pre-payment of any judgment by the insured a condition precedent to recovering …

I. In the event that a company or filing or advisory organization eliminates or reduces coverages, conditions, or definitions in its policies issued under this section other than at the request of a policyholder, the company shall attach to the policy at renewal a printed notice …

I. In this section: (a) "Certificate" or "certificate of insurance" means any document or instrument, no matter how titled or described, which is issued by an insurer or insurance producer as evidence of property or casualty insurance coverage. "Certificate" or "certificate of in…

For policies of insurance issued to large commercial policyholders defined in RSA 412:3, XI, the filing requirements for forms or policy contracts shall not apply, except that: I. All policies issued pursuant to the provisions of this chapter shall contain a conspicuous disclaime…

I. No insurer shall issue any motor vehicle liability policy, with respect to any motor vehicle registered or principally garaged in this state, that does not provide at least the minimum coverage set forth in RSA 264. II. No liability policy issued with respect to any motor vehi…

Policies of automobile insurance, as defined in RSA 417-A, shall only be issued and renewed to residents of the state of New Hampshire, except that such policies shall also be permitted to be sold to any person if the vehicle insured is exclusively garaged in New Hampshire. Notwi…