reglab/housing_qa huggingface dataset:
NH Rev Stat § 404-G:5-g (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:5-g - Federally Qualified High Risk Pool.

    404-G:5-g Federally Qualified High Risk Pool. –||I. The association shall negotiate and submit to the commissioner for approval a contract with the United States Department of Health and Human Services to create a federally qualified high risk pool pursuant to the Act. This pool shall be known as the "federally qualified high risk pool" and the contract shall be known as the "federally qualified high risk pool contract." The eligibility requirements, premiums, benefits, and all other elements of the federally qualified high risk pool and its operations shall be governed solely by federal law and regulation and the federally qualified high risk pool contract. Individuals covered by insurance under the federally qualified high risk pool shall not be covered lives for the purposes of this chapter. The federally qualified high risk pool shall be funded solely by federal moneys and premiums charged for coverage under it, and shall not be funded with state general fund revenue or any assessments under this chapter. All federal moneys received by the association for the federally qualified high risk pool shall be used solely for the federally qualified high risk pool.||II. In addition to the powers and duties enumerated elsewhere in this chapter, the board of directors of the association shall have the following powers and duties with respect to the federally qualified high risk pool:||(a) Make application, subject to review and approval of the commissioner, to establish and operate a federally qualified high risk pool; and||(b) Enter into contract with the Secretary of the United States Department of Health and Human Services, subject to review and approval of the commissioner, to establish and operate a federally qualified high risk pool under section 1101 of the Act.||III. The board of directors of the association shall adopt a plan of operation for the federally qualified high risk pool. This plan of operation shall include the federally qualified high risk pool contract, all federal rules and guidance issued with respect to federally qualified high risk pools, and any other provisions deemed necessary by the board to operate the federally qualified high risk pool.|||Source. 2010, 243:7, eff. July 1, 2010.|
NH Rev Stat § 404-G:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:6 - Commissioner's Powers and Duties.

    404-G:6 Commissioner's Powers and Duties. –||In addition to duties and powers enumerated elsewhere in this chapter:||I. The commissioner shall upon request of the board of directors, serve a demand upon the member insurer to pay an assessment within a reasonable time; the failure of the member insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this chapter.||I-a. The commissioner shall annually review the report required under RSA 404-G:4-a on association membership, covered lives, and the payment of assessments to ensure that all insurers that should be members of the association are participating in the association and that all association members have accurately reported covered lives and paid the proper assessment. The association shall remedy any problem identified by the commissioner with respect to membership in the association, reporting of covered lives, or payment of the assessment.||II. The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed 5 percent of the unpaid assessment per month, but no forfeiture shall be less than $100 per month. Any amounts so collected shall be credited to the assessment fund administered by the association.||III. Any action of the board of directors or the association may be appealed to the commissioner by any member insurer if the appeal is taken within 30 days of the final action being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company from available funds of the association. Any final action or order of the commissioner shall be subject to judicial review, pursuant to RSA 541.||IV. The commissioner may adopt rules as necessary to carry out the purposes of this chapter.||V. The powers of the commissioner enumerated in this chapter shall be in addition to those established under RSA 404-C.|||Source. 1998, 340:6. 2008, 375:6, eff. July 1, 2008.|
NH Rev Stat § 404-G:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:7 - Examination and Annual Report.

    404-G:7 Examination and Annual Report. –|| The association shall be subject to examination by the commissioner. The board of directors shall submit to the commissioner each year, not later than 120 days after the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the proceeding fiscal year. The report shall summarize the activities of the risk sharing mechanism and the high risk pool in the preceding calendar year, including the net written and earned premiums, enrollment, the expense of administration, and the paid and incurred losses. The association's fiscal year shall be the calendar year.|||Source. 1998, 340:6. 2001, 295:11, eff. July 1, 2001.|
NH Rev Stat § 404-G:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:8 - Tax Exemption.

    404-G:8 Tax Exemption. –||The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.|||Source. 1998, 340:6, eff. Aug. 25, 1998.|
NH Rev Stat § 404-G:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:9 - Immunity for Members and Employees.

    404-G:9 Immunity for Members and Employees. –||There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or the commissioner's representatives, for any action or omission by them in the performance of their powers and duties under this chapter.|||Source. 1998, 340:6, eff. Aug. 25, 1998.|
NH Rev Stat § 404-G:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:10 - Severability.

    404-G:10 Severability. –||If any provisions 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 provisions or applications, and to this end the provisions of this chapter are severable.|||Source. 1998, 340:6, eff. Aug. 25, 1998.|
NH Rev Stat § 404-G:12 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:12 - Contingency.

    404-G:12 Contingency. –||I. Notwithstanding RSA 404-G:11, and if supported by the recommendations of actuarial experts retained by the department, the commissioner may request that the board of directors of the association develop a plan of operation to support the affordability and accessibility of health insurance in the state's individual health insurance market. The proposal may include resumption of a risk sharing program similar to that referenced in RSA 404-G:5, creation and operation of a reinsurance program, or such other program as the board finds will best support the availability and affordability of health insurance in the state and may also include the development of a waiver application under the Act. The commissioner shall approve the revised plan of operations if the commissioner finds that the plan will further the purpose of this chapter as stated in RSA 404-G:1, I, and is otherwise consistent with New Hampshire and federal law.||II. The board's proposal may include a recommendation that the state apply for a waiver under the Act, or any successor to the Act. If the approved plan includes an application for a waiver, the commissioner and the board shall proceed in accordance with RSA 420-N:6-a. If the waiver is approved by the federal government, the board shall prepare a revised plan of operations consistent with the terms of the waiver, and shall implement it upon approval by the commissioner.|||Source. 2013, 200:2. 2017, 221:4, eff. July 10, 2017. 2019, 346:420, eff. July 1, 2019.|
NH Rev Stat § 404-H:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:1 - Title.

    404-H:1 Title. –||This chapter shall be known and may be cited as the New Hampshire Insurance Guaranty Association Act of 2004.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:2 - Purpose.

    404-H:2 Purpose. –||The purpose of this chapter is to provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to the extent provided in this chapter minimize financial loss to claimants or policyholders because of the insolvency of an insurer, and to permit an association to assess the cost of such protection among insurers.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:3 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:3 - Scope.

    404-H:3 Scope. –||This chapter shall apply to insurers with orders of liquidation with findings of insolvency that are first entered after the effective date of this chapter and shall apply to all kinds of direct insurance, but shall not be applicable to the following:||I. Life, annuity, health, or disability insurance;||II. Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks;||III. Fidelity or surety bonds, or any other bonding obligations;||IV. Credit insurance, vendors' single interest insurance, or collateral protection insurance or other forms of any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;||V. Insurance of warranties or service contracts including insurance that provides for the repair, replacement, or service of goods or property, indemnification for repair, replacement or service for the operational or structural failure of goods or property due to a defect of materials, workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits;||VI. Title insurance;||VII. Ocean marine insurance;||VIII. Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or||IX. Any insurance provided by or guaranteed by government.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:4 - Construction.

    404-H:4 Construction. –||This chapter shall be liberally construed to effect the purpose under RSA 404-H:2 which shall constitute an aid and guide to interpretation.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:6 - Creation of the Association.

    404-H:6 Creation of the Association. –||There is created a nonprofit unincorporated legal entity to be known as the New Hampshire Insurance Guaranty Association, that shall be the same association created under RSA 404-B:6. All insurers defined as member insurers in RSA 404-H:5, XI shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under a plan of operation established and approved under RSA 404-H:9 and shall exercise its powers through a board of directors established under RSA 404-H:7. For purposes of administration and assessment, the association shall be divided into 3 separate accounts:||I. The workers' compensation insurance account;||II. The automobile insurance account; and||III. The account of all other insurance to which this chapter applies.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:7 - Board of Directors.

    404-H:7 Board of Directors. –||I. The board of directors of the association shall consist of not less than 5 nor more than 9 persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members subject to the approval of the commissioner. If no members are selected within 60 days after the effective date of this chapter, the commissioner may appoint the initial members of the board of directors.||II. In approving selections to the board, the commissioner shall consider among other things whether all member insurers are fairly represented.||III. Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:10 - Duties and Powers of the Commissioner.

    404-H:10 Duties and Powers of the Commissioner. –||I. The commissioner shall:||(a) Forward to the association a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member company at the same time such complaint is filed with a court of competent jurisdiction.||(b) Notify the association of the existence of an insolvent insurer not later than 3 days after the commissioner receives notice of the determination of the insolvency.||(c) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.||II. The commissioner may:||(a) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer which fails to pay an assessment when due. Such fine shall be paid to the association and shall not exceed 5 percent of the unpaid assessment per month, except that no fine shall be less than $100 per month.||(b) Revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily.||III. Any final action or order of the commissioner under this chapter shall be subject to judicial review in a court of competent jurisdiction.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:12 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:12 - Exhaustion of Other Coverage.

    404-H:12 Exhaustion of Other Coverage. –||I. Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, including but not limited to the provisions of uninsured motorist coverage of any policy, shall be required to exhaust first his or her right under such policy. Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under such insurance policy.||II. Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, he or she shall seek recovery first from the association of the location of the property, and if it is a workers' compensation claim, he or she shall seek recovery first from the association of the residence of the claimant. Any amount payable as a covered claim under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:13 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:13 - Prevention of Insolvencies.

    404-H:13 Prevention of Insolvencies. –||To aid in the detection and prevention of insurer insolvencies:||I. The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer. Such reports and recommendations shall not be considered public documents.||II. The board of directors may, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the commissioner.||III. The board of directors may, upon majority vote, make recommendations to the commissioner on matters generally related to improving or enhancing regulation for solvency.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:14 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:14 - Examination of the Association.

    404-H:14 Examination of the Association. –||The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:15 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:15 - Tax Exemption.

    404-H:15 Tax Exemption. –||The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:16 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:16 - Recognition of Assessments in Rates.

    404-H:16 Recognition of Assessments in Rates. –||I. The rates and premiums charged for insurance policies to which this chapter applies may include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association. Such rates may not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer. Alternatively, the member insurer may recoup assessments by collecting a surcharge on premiums charged for insurance policies to which this chapter applies instead of recouping the assessments through its rates and premiums.||II. The amount of any surcharge may be separately stated on either a billing or policy declaration sent to an insured.||III. Member insurers who collect surcharges in excess of assessments owed for an insolvent insurer shall remit the excess to the association as an additional assessment within 30 days after the association has determined the amount of the excess recoupment and given notice to the member of that amount. The excess shall be applied to reduce future assessment charges in the appropriate accounts.||IV. A member insurer may omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. However, nothing in this section shall relieve the member insurer of its obligation to remit the amount of surcharge otherwise collectible.||V. Amounts recouped through surcharge shall be considered premiums for all purposes, including the computation of gross premium tax.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:17 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:17 - Immunity.

    404-H:17 Immunity. –||There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association or its agents or employees, the board of directors, or any person serving as a representative of any director, or the commissioner or his or her representatives for any action taken or any failure to act by them in the performance of their powers and duties under this chapter.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:18 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:18 - Stay of Proceedings.

    404-H:18 Stay of Proceedings. –||All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall, subject to waiver by the association in specific cases, be stayed for 6 months and such additional time thereafter as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in this state, whichever is later.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|
NH Rev Stat § 404-H:19 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-H - New Hampshire Insurance Guaranty Association Act of 2004|Section 404-H:19 - Termination of the Association.

    404-H:19 Termination of the Association. –||The commissioner may by order terminate the operation of the association as to any kind of insurance with respect to which the commissioner has found, after notice and hearing, that there is in effect a statutory plan of the United States government to avoid excessive delay or financial loss to claimants or policyholders because of insurer insolvency. Such order for termination shall continue the operation of this chapter with respect to prior insurer insolvencies not covered by such plan. The order shall also provide for a proportionate distribution of the assets of the association to insurers which will cease to be members of the association on the effective date of the order.|||Source. 2004, 197:1, eff. Aug. 6, 2004.|