Title XXXVII, Insurance

I. There is hereby established in the state treasury an administration fund for the sole purpose of paying all costs of the office of the commissioner. The fund shall be administered by the commissioner. The state treasurer shall be the custodian of the fund and all moneys and se…

I. The commissioner is authorized to contract for an external review and evaluation of any mandated benefit. II. Whenever a legislative measure containing a mandated benefit is proposed, the standing committee of either the house or the senate having jurisdiction over the proposa…

The office shall have a seal which shall be like the seal of state, except the words, "Insurance Department, New Hampshire," shall be substituted for the words "Seal of the State of New Hampshire, 1776". The commissioner shall attach the seal of the office to all certificates and…

I. A policy record file shall be maintained for each policy issued, and shall be maintained for the duration of the current policy term plus 5 years, or for life insurance policies and annuity contracts, for the time the policy or contract is in force and 5 years thereafter. Poli…

I. A claim file and accompanying records shall be maintained for the calendar year in which the claim is closed plus 5 years. The claim file shall be maintained to show clearly the inception, handling, and disposition of each claim. The claim file shall be sufficiently clear and …

The commissioner shall be provided with an office in some suitable place in Concord.

Records to be maintained relating to the insurer's compliance with licensing requirements shall include the licensing records of each producer associated with the insurer. Licensing records shall be maintained to show clearly the licensing status of the producer at the time of so…

I. The commissioner, subject to the approval of the governor, shall appoint a deputy commissioner of insurance who shall hold office for 5 years and until a successor has been appointed and qualified. II. The deputy commissioner of insurance shall perform such duties and exercise…

The complaint records required to be maintained under RSA 417 shall include a complaint log or register, or grievance log or register for health insurers, in addition to the actual written complaints. The complaint log or register shall show clearly the total number of complaints…

I. Any record required to be maintained by an insurer may be created and stored in the form of paper, photograph, magnetic, mechanical, or electronic medium; or any process that accurately forms a durable reproduction of the record, so long as the record is capable of duplication…

I. Compensation. The salary of the commissioner, deputy commissioner, assistant commissioner, and all assistants to the commissioner shall be as prescribed in RSA 94:1-a. II. Expenses. The commissioner, deputy commissioner, assistant commissioner, and all assistants to the commis…

I. All records required to be maintained under this chapter shall be kept in a location that will allow the records to be produced for examination within the time period required. When, under normal circumstances, someone other than the insurer maintains a required record or type…

Within the department there shall be such divisions, not expressly provided for or prohibited by law, as the commissioner deems advisable for the discharge of his duties.

I. The purpose of this chapter is to: (a) Provide the insurance commissioner with a summary of an insurer or insurance group's corporate governance structure, policies and practices to permit the commissioner to gain and maintain an understanding of the insurer's corporate govern…

In this chapter: I. An "affiliate" of, or person "affiliated" with, a specific person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. II. "Commissioner" means the i…

I. The purpose of this chapter is to provide the requirements for maintaining a risk management framework and completing Own Risk and Solvency Assessment (ORSA) and provide guidance and instructions for filing an ORSA summary report with the insurance commissioner of this state. …

Subject to the additional or varied requirements stated in this chapter, a corporation with capital stock may be formed, pursuant to the provisions of RSA 293-A, and a corporation to carry on business on the mutual plan may be formed pursuant to the provisions of RSA 292, for the…

I. Any corporation formed or authorized for the purpose of conducting one or more of the kinds of insurance found in RSA 401:1, or licensed or authorized pursuant to RSA 405, shall be permitted to conduct other kinds of insurance not enumerated in RSA 401:1 as the commissioner ma…

I. Injunctions. Whenever it appears to the commissioner that any insurer or any director, officer, employee, or agent thereof has committed or is about to commit a violation of this chapter or of any rule, regulation, or order issued by the commissioner hereunder, the commissione…

Insurance corporations organized under the laws of this state, whether by special charter or by the general law, shall be subject to only those provisions of the laws relating to corporations in general that are not inconsistent with the provisions of Title XXXVII, the insurance …

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

I. Any insurer failing, without just cause, to file any registration statement as required in this chapter shall be required, after notice and hearing, to pay a penalty of $2,500 for each day's delay, to be recovered by the commissioner. The commissioner may reduce the penalty if…

I. Subject to the approval of the insurance commissioner as provided by law, any insurance corporation organized under the laws of this state, whether by special charter or under the general law, except mutual insurance companies, may merge or consolidate with any other corporati…

Whenever it appears to the commissioner that any person has committed a violation of this chapter which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, …

In lieu of the provisions of RSA 293-A:8.40(c), every insurer subject to this chapter may have and continuously maintain in this state a clerk who shall be the registered agent of the insurer and who shall be an individual resident of this state whose residence or business office…

I. If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under the order shall have a right to recover on behalf of the insurer: (a) From any parent corporation or holding company or person or affiliate who otherwise controll…

I. The officers of an insurer who is subject to the provisions of this chapter shall consist of a president, a clerk or secretary who shall be the agent for service of process, and a treasurer, each of whom shall be elected by the board of directors at a time and in a manner as m…

Whenever it appears to the commissioner that any person has committed a violation of this chapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and opportunity to be heard, sus…

A copy of all restated articles of incorporation to the extent they are adopted shall be filed with the insurance department.

I. Judicial Review, Mandamus. Any person aggrieved by any act, determination, rule, regulation, or order of any other action of the commissioner pursuant to this chapter may appeal in accordance with RSA 541. The court shall conduct its review without a jury and by trial de novo,…

Corporations subject to regulation by the insurance commissioner shall not be subject to the requirements of RSA 293-A:4.01(a)(1) pertaining to the designation of the corporate status and the corporate name but shall be subject to all other provisions of RSA 293-A:4.01, except th…

The time limits specified in this chapter for the commissioner to act on any holding company application, petition, or request and the provisions in this chapter under which an application, petition, or request may or may not be deemed to be approved when the commissioner does no…

I. The reservation of the name of an insurer, including trade names, shall be made by filing an application, executed by the applicant with the insurance commissioner to reserve a specified name, and by paying a fee as set by RSA 400-A:29. If the commissioner finds that the name …

Unless otherwise expressly approved by the commissioner, all insurance companies or other insurers subject to this chapter shall have perpetual existence.

The maximum net amount of risk which may be retained by a property and liability company for an individual risk shall be no greater than 10 percent of the company's capital and surplus.

I. Authorization. Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries. The subsidiaries may conduct any kind of business or businesses and their authority to do so shall not be limited by reasons of t…

In this chapter: I. "Commissioner" means the insurance commissioner. II. "Corporate governance annual disclosure" or "CGAD" means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter. III. "Insurance group" means t…

In this chapter: I. For the purpose of conducting an ORSA, "insurance group" means those insurers and affiliates included within an insurance holding company system as defined in RSA 401-B. II. "Insurer" shall have the same meaning as set forth in RSA 401-C:2, except that it shal…

For the formation of such a corporation there shall be not less than 10 incorporators, who shall be residents of this state.

I. Filing Requirements. (a) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a dome…

I. An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the commissioner a CGAD that contains the information described in RSA 401-D:5. Notwithstanding a request from the commissioner made pursuant to pa…

An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a r…

Such a corporation may have a capital stock or may do business on the mutual plan. No such mutual corporations shall be incorporated after the first of July, 1969, to transact any kinds of insurance business on the assessment plan requiring as a condition for granting insurance t…

I. Definitions. In this section: (a) "Acquisition" means any agreement, arrangement or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person, and includes but is not limited to the acquisition of voting securities, …

I. Registration. (a) Every insurer which is authorized to do business in this state and which 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 by statute or…

Subject to RSA 401-C:6, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA shall be conducted no less than annually but also at any time when there are sig…