reglab/housing_qa huggingface dataset:
NH Rev Stat § 402-C:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:5 - Injunctions and Orders.

    402-C:5 Injunctions and Orders. –||I. Injunctions in This State. Any receiver appointed in a proceeding under this chapter may at any time apply for and any court of general jurisdiction in this state may grant, such restraining orders, temporary and permanent injunctions, and other orders as are deemed necessary and proper to prevent:||(a) The transaction of further business;||(b) The transfer of property;||(c) Interference with the receiver or with the proceedings;||(d) Waste of the insurer's assets;||(e) Dissipation and transfer of bank accounts;||(f) The institution or further prosecution of any actions or proceedings;||(g) The obtaining of preferences, judgments, attachments, garnishments or liens against the insurer or its assets;||(h) The levying of execution against the insurer or its assets;||(i) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;||(j) The withholding from the receiver of books, accounts, documents or other records relating to the business of the insurer; or||(k) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors or shareholders, or the administration of the proceeding.||II. Injunctions Elsewhere. The receiver may apply to any court outside of this state for the relief described in paragraph I.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:6 - Costs and Expenses of Litigation.

    402-C:6 Costs and Expenses of Litigation. –||In any proceeding under this chapter, the court may award such costs and other expenses of litigation as justice requires, without regard to the limitations otherwise prescribed by law. If costs and expenses are taxed against the commissioner, they shall be paid pursuant to RSA 402-C:44, I.|||Source. 1969, 272:1. 1997, 221:2, eff. July 1, 1997.|
NH Rev Stat § 402-C:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:7 - Cooperation of Officers and Employees.

    402-C:7 Cooperation of Officers and Employees. –||I. Duty to Cooperate. Any officer, manager, trustee or general agent of any insurer and any other person with executive authority over or in charge of any segment of the insurer's affairs shall cooperate with the commissioner in any proceeding under this chapter or any investigation preliminary or incidental to the proceeding. "To cooperate" includes, but is not limited to the following:||(a) To reply promptly in writing to any inquiry from the commissioner requesting such a reply; and||(b) To make available and deliver to the commissioner any books, accounts, documents or other records, or information or property of or pertaining to the insurer and in his possession, custody or control.||II. Duty Not to Obstruct. No person shall obstruct or interfere with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.||III. Right to Defend. This section shall not render it illegal to resist by legal proceedings the petition for liquidation or other delinquency proceedings, or other orders.||IV. Sanction. Any person included within RSA 402-C:7, I who fails to cooperate with the commissioner, or any person who obstructs or interferes with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.|||Source. 1969, 272:1. 1973, 528:278, eff. at 11:59 p.m., Oct. 31, 1973.|
NH Rev Stat § 402-C:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:8 - Bonds.

    402-C:8 Bonds. –||In any proceeding under this chapter the commissioner and his deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of the assets, it may at any time require an additional bond from the commissioner or his deputies.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:9 - Commissioner's Reports.

    402-C:9 Commissioner's Reports. –||I. General Report of Proceedings. The commissioner shall include in his annual report:||(a) Formal Proceedings. The names of the insurers proceeded against under RSA 402-C:15, 20, 24, 52, 53, and 55 and such other facts as indicate in reasonable detail his formal proceedings under this chapter; and||(b) Informal Proceedings. Such facts as generally indicate the utilization and effectiveness of proceedings under RSA 402-C:11, 12 and 13.||II. Special Reports.||(a) Causes of Delinquency. The commissioner shall include in the annual report, not later than the second annual report following the initiation of any formal proceedings under this chapter, a detailed analysis of the basic causes and the contributing factors making the initiation of formal proceedings necessary, and shall make recommendations for remedial legislation. For this purpose the commissioner may appoint a special assistant qualified in insurance, finance and accounting to conduct the study and prepare the analysis, and may determine the special assistant's compensation, which shall be paid pursuant to RSA 402-C:44, I.||(b) Final Study. The commissioner shall include in the annual report, not later than the second annual report following discharge of the receiver, a detailed study of the delinquency proceeding for each insurer subjected to a formal proceeding, with an analysis of the problems faced and their solutions. The commissioner shall also suggest alternative solutions, as well as other material of interest, for the purpose of assisting and guiding liquidators or rehabilitators in the future. For this purpose the commissioner may appoint a special assistant qualified to conduct the study and prepare the analysis, and may determine the special assistant's compensation, which shall be paid pursuant to RSA 402-C:44, I.||III. Reports on Insurers Subject to Proceedings. The commissioner as receiver shall make and file annual reports and any other required reports for the companies proceeded against under RSA 402-C:15, 20, 24, 52, 53 and 55 in the manner and form and within the time required by law of insurers authorized to do business in this state, and under the same penalties for failure to do so.|||Source. 1969, 272:1. 1997, 221:3, eff. July 1, 1997.|
NH Rev Stat § 402-C:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:10 - Delinquency Proceedings.

    402-C:10 Delinquency Proceedings. –||I. Every proceeding commenced before June 23, 1969, is deemed to have commenced under this chapter for the purpose of conducting the proceeding thereafter, except that in the discretion of the commissioner the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted.||II. Until all payments of or on account of the insurer's contracted delegations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association, no insurer that is subject to any delinquency proceeding shall:||(a) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding;||(b) Be permitted to solicit or accept new business or accept the restoration of any suspended or revoked license or certificate of authority;||(c) Be returned to the control of its shareholders or private management; or||(d) Have any of its assets returned to the control of its shareholders or private management.|||Source. 1969, 272:1. 1991, 96:2, eff. Jan. 1, 1992.|
NH Rev Stat § 402-C:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:11 - Commissioner's Summary Orders.

    402-C:11 Commissioner's Summary Orders. –||I. Summary Order After Hearing. Whenever the commissioner has reasonable cause to believe, and determines after a hearing held as prescribed in paragraph III, that any insurer has committed or engaged in, or is committing or engaging in or is about to commit or engage in any act, practice or transaction that would subject it to formal delinquency proceedings under this chapter, he may make and serve upon the insurer and any other persons involved, such orders other than seizure orders under RSA 402-C:12 and 13 as are reasonably necessary to correct, eliminate or remedy such conduct, condition or ground. If the order is for a restoration of or addition to capital, it may be carried out as provided in RSA 403.||II. Summary Order Before Hearing. If the conditions of paragraph I are satisfied, and if it appears to the commissioner that irreparable harm to the property or business of the insurer or to the interest of its policyholders, creditors or the public may occur unless he issues with immediate effect the orders described in paragraph I he may make and serve such orders without notice and before hearing, simultaneously serving upon the insurer notice of hearing under paragraph III.||III. Service, Notice, Hearing. The notice of hearing under paragraphs I or II and the summary order issued under paragraphs I or II shall be reasonably calculated to fairly and reasonably notify the recipient of the time and place of hearing, and the conduct, condition or ground upon which the commissioner would base his order; the notice of hearing under paragraph II shall state the time and place of hearing. Unless mutually agreed between the commissioner and the insurer, the hearing shall occur not less than 10 days nor more than 30 days after notice is served and shall be either in Concord or in some other place convenient to the parties to be designated by the commissioner.||IV. Judicial Relief. If the commissioner issues a summary order before hearing under paragraph II, the insurer may at any time waive the commissioner's hearing and apply for immediate judicial relief by means of any remedy afforded by law without first exhausting administrative remedies. Subsequent to a hearing the insurer or any person whose interests are substantially affected shall be entitled to judicial review of any order issued by the commissioner.||V. Sanction. If any person has violated any order issued under this section which as to him was then still in effect, he shall be liable to forfeit a sum not to exceed $10,000. The penalty shall be imposed and collected in an action brought by the attorney general and shall be paid into the state treasury.||VI. Enforcement by Injunction. The commissioner may apply for and any superior court may grant, such restraining orders, temporary and permanent injunctions and other orders as are deemed necessary to enforce a summary order.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:12 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:12 - Court's Seizure Order.

    402-C:12 Court's Seizure Order. –||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, creditors or the public will be endangered by delay, and setting out the order deemed necessary by the commissioner, the court shall issue forthwith, ex parte and without a hearing, the requested order which may a) direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents and other records of an insurer and of the premises occupied by it for the transaction of its business, and b) until further order of the court, enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from transaction of its business except with the written consent of the commissioner.||II. Duration. The court shall specify in the order what its duration shall be, which shall be such time as the court deems necessary for the commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may hold such hearings as it deems desirable after such notice as it deems appropriate, and may extend, shorten or modify the terms of the seizure order. The court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. The issuance of an order of the court pursuant to a formal proceeding under this chapter vacates the seizure order.||III. Anticipatory Breach. Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:13 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:13 - Commissioner's Seizure Order.

    402-C:13 Commissioner's Seizure Order. –||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 and without applying to the court, he may issue a seizure order which must contain a verified statement of the grounds of his action. As directed by the seizure order, the commissioner's representatives shall forthwith take possession and control of all or part of the property, books, accounts, documents and other records of the insurer, and of the premises occupied by the insurer for the transaction of its business. The commissioner shall retain possession and control until the order is vacated or is replaced by an order of the court pursuant to a proceeding commenced under paragraph II or a formal proceeding under this chapter.||II. Judicial Review. At any time after seizure under paragraph I, the insurer may apply to the superior court for Merrimack county or for the county in which the insurer's principal office is located. The court shall thereupon order the commissioner to appear forthwith and shall proceed thereafter as if the order were a court seizure order issued under RSA 402-C:12.||III. Duty to Assist Commissioner. Every law enforcement officer shall assist the commissioner in making and enforcing any such seizure, and every sheriff's and police department shall furnish with such deputies, patrolmen or officers as are necessary to assist him.||IV. Anticipatory Breach. Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:14 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:14 - Conduct of Hearings in Summary Proceedings.

    402-C:14 Conduct of Hearings in Summary Proceedings. –||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 in summary proceedings and judicial reviews thereof privately in chambers, and shall do so on request of the insurer proceeded against.||III. Records. In all summary proceedings and judicial reviews thereof, all records of the company, other documents, and all insurance department files and court records and papers, so far as they pertain to or are a part of the record of the summary proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless the court, after hearing arguments from the parties in chamber, shall order otherwise, or unless the insurer requests that the matter be made public. Until such court order, all papers, filed with the clerk of the court shall be held by him in a confidential file.||IV. Parties. If at any time it appears to the court that any person whose interest is or will be substantially affected by an order did not appear at the hearing and has not been served, the court may order that notice be given and the proceedings be adjourned to give him opportunity to appear on such terms as may be just.||V. Sanctions. Any person having possession or custody of and refusing to deliver any of the property, books, accounts, documents or other records of an insurer against which a seizure order or a summary order has been issued by the commissioner or by the court, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.|||Source. 1969, 272:1. 1973, 528:279, eff. Oct. 31, 1973 at 11:59 p.m.|
NH Rev Stat § 402-C:16 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:16 - Rehabilitation Orders.

    402-C:16 Rehabilitation Orders. –||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 the assets of the insurer and to administer them under the orders of the court. The filing or recording of the order with any register of deeds in the state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that register of deeds.||II. Anticipatory Breach. Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer.||III. Any order issued under this section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semi-annually.|||Source. 1969, 272:1. 1991, 96:3, eff. Jan. 1, 1992.|
NH Rev Stat § 402-C:17 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:17 - Powers and Duties of the Rehabilitator.

    402-C:17 Powers and Duties of the Rehabilitator. –||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 the powers of the rehabilitator granted under this section. To obtain a suitable special deputy, the commissioner may consult with and obtain the assistance and advice of executives of insurers doing business in this state. Subject to court approval, the commissioner shall make such arrangements for compensation as are necessary to obtain a special deputy of proven ability. The special deputy shall serve at the pleasure of the commissioner.||II. General Power. Subject to court approval, the rehabilitator may take such action as he deems necessary or expedient to reform and revitalize the insurer. He shall have all the powers of the officers and managers, whose authority shall be suspended, except as they are redelegated by the rehabilitator. He shall have full power to direct and manage, to hire and discharge employees subject to any contract rights they may have and to deal with the property and business of the insurer.||III. Advice From Experts. The rehabilitator may consult with and obtain formal or informal advice and aid of insurance experts.||IV. Pursuit of Insurer's Claims Against Insiders. If the rehabilitator finds that there has been criminal or tortious conduct or breach of any contractual or fiduciary obligation detrimental to the insurer by any officer, manager, agent, broker, employee or other person, he may pursue all appropriate legal remedies on behalf of the insurer.||V. Reorganization Plan. The rehabilitator may prepare a plan for the reorganization, consolidation, conversion, reinsurance, merger or other transformation of the insurer. Upon application of the rehabilitator for approval of the plan, and after such notice and hearing as the court prescribes, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. If it is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, the plan proposed may include the imposition of liens upon the equities of policyholders of the company, if all rights of shareholders are first relinquished. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies, for such period and to such an extent as are necessary.||VI. Fraudulent Transfers. The rehabilitator shall have the power to avoid fraudulent transfers under RSA 402-C:30 and 31.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:18 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:18 - Actions by and Against Rehabilitator.

    402-C:18 Actions by and Against Rehabilitator. –||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 necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The court that entered the rehabilitation order shall order the rehabilitator to take such action respecting the pending litigation as the court deems necessary in the interests of justice and for the protection of creditors, policyholders and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.||II. Statutes of Limitations on Claims by Insurer. The time between the filing of a petition for rehabilitation against an insurer and denial of the petition or an order of rehabilitation shall not be considered to be a part of the time within which any action may be commenced by the insurer. Any action by the insurer that might have been commenced when the petition was filed may be commenced at least 60 days after the order of rehabilitation is entered.||III. Statutes of Limitations on Claims Against Insurer. The time between the filing of a petition for rehabilitation against an insurer and the denial of the petition or an order of rehabilitation shall not be considered to be a part of the time within which any action may be commenced against the insurer. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the order of rehabilitation is entered or the petition is denied.||IV. Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitator.|||Source. 1969, 272:1. 1991, 96:4, eff. Jan. 1, 1992.|