Title XXXVII, Insurance

Any financial institution which solicits or sells insurance products pursuant to RSA 383-B:3-301(d) and this chapter shall be subject to all applicable federal and state consumer protection laws, including the federal anti-tying provisions of 12 U.S.C. section 1972.

I. Definition. In this section: (a) "Reciprocal state" means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by courts located in ot…

Books and records relating to the insurance transactions of a financial institution licensed to sell insurance, including all files relating to and reflecting customer complaints, shall be kept separate and apart from all records relating to other business transactions of such fi…

This chapter may be cited as the "Uniform Unlicensed Insurers Act."

The insurance activities of financial institutions pursuant to RSA 383-B:3-301(d) and this chapter shall be subject to examination by the commissioner and the commissioner is authorized to impose reasonable and customary assessments on the financial institution for such examinati…

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

I. The commissioner may adopt rules to effectuate the purposes of this chapter, which are to protect the insurance buying public from potential coercion by financial institutions, to minimize the possibilities of unfair competitive practices by financial institutions that harm th…

The unauthorized provisions of this chapter do not apply to: I. The lawful transaction of surplus lines insurance. II. The lawful transaction of reinsurance by insurers. III. Transactions in this state involving a policy lawfully solicited, written, and delivered outside of this …

For premiums on unlicensed insurance procured by industrial insurers with tax liability for multi-state risks, the provisions of RSA 405-B shall apply.

Any person violating the provisions of this chapter shall be subject to any and all enforcement procedures within the authority of the insurance department including, but not limited to, the issuance of a cease and desist order requiring such person to cease all insurance sales a…

I. Every insured who procures or causes to be procured or continues or renews insurance with any unlicensed insurer, or any insured or self-insurer who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be per…

For premiums on unlicensed insurance independently procured with tax liability for multi-state risks, the provisions of RSA 405-B shall apply.

Any financial institution violating any of the provisions of this chapter or any rule adopted under this chapter may be subject to an administrative fine not to exceed $2,500 per violation. The commissioner may also suspend or revoke the license of any financial institution or ot…

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

In this chapter: I. "Commissioner" means the insurance commissioner. II. "Customer" means a person with an investment, security, deposit, trust, or credit relationship with a financial institution. III. "Insurance" means all products defined or regulated as insurance by the state…

Any of the following acts in this state effected by mail or otherwise by or on behalf of an unlicensed insurer is deemed to constitute the transaction or doing of an insurance business in this state. The venue of an act committed by mail is at the point where the matter transmitt…

When used in this chapter: I. "The commissioner" shall mean the insurance commissioner of this state. II. "Unfair trade practice act" shall mean Revised Statutes Annotated, chapter 417, entitled Unfair Insurance Trade Practices. III. "Residents" shall mean and include person, par…

A financial institution and the employees of a financial institution conducting insurance sales shall be required to obtain a producer's license authorizing the sale of insurance by complying with the licensing requirements of RSA 402-J.

No unlicensed person or insurer shall directly or indirectly do any of the acts of an insurance business set forth in RSA 406-B:2 except as provided by and in accordance with the specific authorization of statute. In respect to the insurance of subjects resident, located or to be…

No unauthorized foreign or alien insurer of the kind described in RSA 406-A:1 shall make, issue, circulate or cause to be made, issued or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazi…

Neither this chapter, nor RSA 383-B:3-301(d) shall be construed to authorize any financial institution to engage in the underwriting of any insurance product or in any insurance underwriting activity requiring licensure under RSA 402 or RSA 405.

If after 30 days following the giving of the notice mentioned in RSA 406-A:3 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this state, and if the commissioner has reason to be…

I. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute an irrevocable appointment by such person or insurer, binding upon such person or insurer, his or her executor, administrator or persona…

Solicitation for the purchase or sale of any insurance product by the financial institution shall be conducted only by persons who are licensed and have complied with all applicable state insurance licensing laws and rules, and are officers, directors, or employees of the financi…

I. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute irrevocable appointment by such person or insurer, binding upon such persons or insurer, his or her executor, administrator or personal …

I. Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer: (1) the issuance or delivery of contracts of insurance to residents of this state, (2) the solicitation of applications for such contracts, (3) the collec…

A financial institution shall offer only insurance products of approved surplus lines carriers or approved products of insurance companies authorized to do insurance business in New Hampshire.

I. Before any unauthorized person or insurer files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the commissioner instituted against such person or insurer, by serv…

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

This chapter may be cited as the Unauthorized Insurers False Advertising Process Act.

I. A financial institution shall, to the extent practicable, keep the area where the bank conducts transactions involving insurance products or annuities physically segregated from areas where retail deposits are routinely accepted from the general public, identify the areas wher…

In an action against an unauthorized person or insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the person or insurer has failed for 30 days after demand prior to the commencemen…

I. To avoid customer confusion and in addition to any other requisite disclosures, all advertising, promotional material, and solicitation, including telemarketing contacts in the case of life insurance and annuities, shall include a prominent disclosure that substantively states…

I. Except for lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, contracts of insurance independently procured, through negotiations occurring entirely outside of this state which are reported and on which premium tax is paid in accordance…

I. Whenever the commissioner has reason to believe that insurance has been effectuated by or for any person in this state with an unauthorized insurer, the commissioner shall in writing order such person to produce for examination all insurance contracts and other documents evide…

The financial institution shall not disclose any nonpublic customer information, unless such disclosure is consistent with the provisions of the federal Gramm-Leach-Bliley Act and any applicable laws, or rules adopted pursuant to RSA 400-A:15, I.

No individual, firm, association, or corporation shall perform, or offer to perform, in this state, for a stipulated fee covering a certain period, any form of road or other service relating to the repair, operation and care of automobiles or protection and assistance of automobi…

The form of policy for fire insurance prescribed by this chapter shall be known and designated as the Standard Fire Insurance Policy for New Hampshire, hereinafter known as the Standard Fire Policy. There may be inserted before and after the words "New Hampshire" the state in whi…

The purpose of this chapter is to permit the writing of motor vehicle insurance in this state on a group merchandising basis subject to the conditions stated herein, to avoid the application of any statute forbidding discrimination between insureds as to the type of business defi…

In this chapter: I. "Insurer" includes any person authorized to represent the insurer with respect to a claim who is acting within the scope of the person's authority. II. "Non-original manufacturer" means any manufacturer other than the original manufacturer of the part. III. "A…

There is hereby established the granite state home mitigation and resiliency program, which shall be implemented under this chapter.

If a company shall issue a policy upon an application prepared by a third person assuming to act as its agent or otherwise, it shall be charged with his knowledge of facts relating to the property insured as if they were stated in the application.

I. The contractor shall demonstrate IBHS certified contractor status for RSA 407-E:7, II, IBHS grants. II. The department shall not endorse or otherwise provide preferential treatment to any contractor. Contractors are not employees or in any way agents of the state. III. The con…

I. If a building insured for a specified amount, whether under a separate policy or under a policy also covering other buildings, is totally destroyed by fire or lightning without criminal fault on the part of the insured or his assignee, the sum for which such building is insure…

To be eligible to work on a project funded by the granite state home mitigation and resiliency program as an evaluator for RSA 407-E:7, II, IBHS grants, the evaluator shall meet all applicable requirements of this chapter, including, but not limited to, those listed in this secti…

The company shall begin the adjustment of the loss within 15 days after receipt of notice of loss. The amount of loss under a fire insurance policy shall be due and payable in 60 days after receipt by the insuring company of proof of loss, and the insured may commence an action a…