Title XXXVII, Insurance

I. No person shall act as, or offer to act as, or hold himself or herself out to be an administrator in this state without a valid certificate of authority as an administrator issued by the commissioner. II. Applicants to be an administrator shall make an application to the commi…

Before a license is granted to the company it shall file with the commissioner a certified copy of its charter and bylaws, a certificate giving the amount of capital paid in in cash, and a full statement, under oath of its president and secretary, showing its financial standing a…

I. The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases: (a) To a …

A person who directly or indirectly underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, and who is not otherwise required to obtain a certificate of authority or license in connection with life, annuity, or health coverage prov…

I. No insurer which is directly or indirectly owned or controlled in whole or in substantial part by any government or governmental agency shall be authorized to transact insurance in this state. Membership in a mutual insurer or subscribership in a reciprocal insurer or ownershi…

An association administering a pooled risk management program operated pursuant to RSA 5-B or conducting business that is exempt from taxation under the Internal Revenue Code, section 115 shall not be required to obtain a certificate of authority or to meet the other requirements…

The provisions of title XXXVII apply to reinsurance intermediaries.

I. A person, who holds a public adjuster license and who is not exempt under paragraph III, shall satisfactorily complete a minimum of 15 hours of continuing education courses, including a minimum of 3 hours of ethics, specifically designed to increase the knowledge of public adj…

I. (a) Each licensed administrator shall file an annual report for the preceding calendar year with the commissioner on or before June 1 of each year, or within such extension of time as the commissioner for good cause may grant. The annual report shall include an audited financi…

The commissioner may for good cause shown, after notice and hearing, place on probation, refuse to renew, suspend, or revoke the insurance claims adjuster's license or impose an administrative fine not to exceed $2,500 per violation or impose any combination of actions. Good caus…

I. Issuance. Upon the filing by the commissioner in any superior court in this state of a verified petition alleging any ground that would justify a court order for a formal delinquency proceeding against an insurer under this chapter and that the interests of policyholders, cred…

I. The commissioner may, for good cause shown, after notice and hearing, place on probation, suspend, revoke, or refuse to renew an insurance producer's license, and may impose an administrative fine not to exceed $2,500 per violation, or impose any combination of actions. Good c…

I. On compliance with the foregoing conditions and if the company is found upon examination made by or under the direction of the commissioner to (a) have complied with the laws of the state applicable to it; (b) have been consistent with the NAIC's Uniform Certificate of Authori…

I. Issuance. If it appears to the commissioner that the interests of creditors, policyholders or the public will be endangered by the delay incident to asking for a court seizure order, then on any ground that would justify a court seizure order under RSA 402-C:12 without notice …

I. An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so …

The acts of the administrator are considered to be the acts of the insurer on whose behalf it is acting. An administrator may be examined as if it were the insurer. The commissioner may designate examiners or consultants, as appropriate, to perform an audit of an administrator wh…

Any person who shall act within this state as an insurance claims adjuster without being licensed as herein provided, or any licensee who in the course of his work as an insurance claims adjuster shall misrepresent his identity or the identity of his principal or employer, or who…

No such license shall be issued to a stock company unless in addition to its paid-up capital it shall have a surplus over all liabilities, consisting of money or other lawful assets, to an amount not less than 25 percent of its capital stock.

I. The agreement between the public adjuster and the insured shall be in writing and contain the following: (a) Title of "Public Adjuster Contract." (b) Name, business name, telephone number, and business street address of the public adjuster. (c) Name and address of the insured.…

I. The certificate of authority or license of an administrator shall be denied, suspended, or revoked if the commissioner finds that the administrator: (a) Is in an unsound financial condition. (b) Is using such methods or practices in the conduct of its business so as to render …

No such license shall be issued to a mutual insurance company which charges a full cash premium, unless it has applications for insurance aggregating not less than $500,000 in not less than 200 separate risks, upon which it shall have received in cash at least one premium for a t…

I. Confidentiality of Commissioner's Hearings. The commissioner shall hold all hearings in summary proceedings privately unless the insurer requests a public hearing, in which case the hearing shall be public. II. Confidentiality of Court Hearings. The court may hold all hearings…

I. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. II. To appoint a producer as its agent…

I. No contract in writing for the adjustment or appraisal for any loss shall be made until a copy of the form of such contract has been on file for 30 days with the commissioner, unless before the expiration of that period the commissioner shall have approved the form in writing,…

The commissioner shall require a company licensed under this chapter to apply for a new license in accordance with this chapter, if, after notifying the company and after holding a hearing if requested, the commissioner finds that the company has undergone a substantial change in…

An insurance producer license to act as an agent shall be issued to any eligible person or business entity pursuant to the provisions of RSA 402-J.

The commissioner may apply by verified petition to the superior court for Merrimack county or for the county in which the principal office of the insurer is located for an order directing him to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any on…

I. A public adjuster who receives, accepts, or holds any moneys on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the moneys in an interest bearing escrow or trust account in a financial institution which is insured by an agency of the f…

I. An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the commissioner within 15 days following the effective date of the termination under RSA 402:15-c…

The insurance commissioner shall adopt rules under RSA 541-A as may be necessary to properly administer this chapter.

I. No person may knowingly solicit or negotiate any insurance, seek or accept applications for insurance, issue or deliver any policy to or for any insurer or relative to a subject of insurance resident, located or to be performed in this state, through the arrangement or facilit…

No insurer authorized and licensed to issue policies of insurance other than life and accident and health insurance and to transact business in this state shall demand or make mandatory upon any agent so licensed in this state, any system of direct billing to the insured by the i…

I. Any insurance company authorized to transact fire or casualty business in this state shall, upon termination of an agent's appointment by said company, permit the renewal of all contracts of insurance written by such agent for a period of one year from the date of such termina…

An administrator who violates or fails to comply with the provisions of this chapter or rules adopted pursuant to this chapter shall be subject to suspension or revocation of its certificate of authority or an administrative penalty not to exceed $2,500 for each violation.

I. Appointment of Rehabilitator. An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the commissioner and his successors in office rehabilitator and shall direct the rehabilitator forthwith to take possession of …

I. The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state except the requirements imposed by RSA 402-J:8, if the applicant's home state awards nonresident licenses to residents of this state on the same ba…

I. A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include, at a minimum, the following: (a) Name of the insured. (b) Date, location, and amount of the loss. (c) Copy of the contract between t…

Notwithstanding other provisions of this title, a person who has not complied with all applicable state insurance licensing and appointment laws and regulations may refer a party to a person who has complied with all applicable state insurance licensing and appointment laws and r…

I. A public adjuster shall be honest and fair in all communications with the insured, the insurer, and the public. II. A public adjuster shall not solicit, or attempt to solicit, an insured during the progress of a loss-producing occurrence, as defined in the insured's insurance …

I. Special Deputy Commissioner. The commissioner as rehabilitator shall make every reasonable effort to employ an active or retired senior executive from a successful insurer to serve as special deputy commissioner to rehabilitate the insurer. The special deputy shall have all of…

I. A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consen…

I. The public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of t…

I. Stays in Pending Litigation. On request of the rehabilitator, any court in this state before which any action or proceeding by or against an insurer is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for such time as is ne…

The commissioner may, in accordance with RSA 541-A, adopt reasonable rules as are necessary or proper to carry out the purpose of this chapter.

I. Transformation to Liquidation. Whenever he believes that further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public, or would be futile, the rehabilitator may petition the court for an order of liquidati…

In addition to any of the penalties provided in this chapter, any person who shall act within this state as a public adjuster without being licensed as provided in this chapter shall be guilty of a class A misdemeanor. Any licensee who in the course of his or her work as a public…