reglab/housing_qa huggingface dataset:
NH Rev Stat § 402-D:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:9 - License.

    402-D:9 License. –||I. Unless denied licensure pursuant to RSA 402-D:10, persons who have met the requirements of RSA 402-D:5 or RSA 402-D:8 shall be issued a public adjuster license.||II. A public adjuster license shall remain in effect unless revoked, terminated, or suspended as long as the request for renewal and fee set forth in RSA 400-A:29 is paid and any other requirements for license renewal are met by the due date.||III. The licensee shall inform the commissioner by any means acceptable to the commissioner of a change of address, change of legal name, or change of information submitted on the application within 30 days of the change.||IV. A licensed public adjuster shall be subject to RSA 417.||V. A public adjuster who allows his or her license to lapse may, within 12 months from the due date of the renewal, be issued a new public adjuster license upon the commissioner's receipt of the request for renewal. However, a penalty in the amount of double the unpaid renewal fee shall be required for the issue of the new public adjuster license. The new public adjuster license shall be effective the date the commissioner receives the request or renewal and the late payment penalty.||VI. A licensed public adjuster who is unable to comply with license renewal procedures due to military service, a long-term medical disability, or some other extenuating circumstance, may request a waiver of those procedures. The public adjuster may also request a waiver of any examination requirement, fine, or other sanction imposed for failure to comply with renewal procedures.||VII. The license shall contain the licensee's name, business street address, mailing address, personal identification number, the date of issuance, the expiration date, and any other information the commissioner deems necessary. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within 30 days of the change. Failure to timely inform the commissioner of a change in address shall result in an additional fee pursuant to RSA 400-A:29.||VIII. In order to assist in the performance of the commissioner's duties, the commissioner may contract with non-governmental entities, including the NAIC or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees and data, related to licensing that the commissioner may deem appropriate.||IX. Unless revoked by the commissioner, the license and any renewal thereof shall expire on October 1 of the second calendar year after its issue.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:11 - Bond or Letter of Credit.

    402-D:11 Bond or Letter of Credit. –||I. Prior to issuance of a license as a public adjuster, the applicant shall maintain in force evidence of financial responsibility through one of the following:||(a) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state, which bond:||(1) Shall be in the amount of at least $20,000;||(2) Shall be in favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in his or her capacity as a public adjuster; and||(3) Shall not be terminated unless at least 30 days prior written notice has been filed with the commissioner and given to the licensee.||(b) An irrevocable letter of credit issued by a qualified financial institution, which letter of credit:||(1) Shall be in the sum of at least $20,000; and||(2) Shall be to an account to the commissioner and subject to lawful levy of execution by any person to whom the public adjuster has been found to be legally liable as the result of erroneous acts, failure to act, fraudulent acts, or unfair practices in his or her capacity as a public adjuster.||II. The issuer of such evidence of financial responsibility shall notify the commissioner upon termination of such policy, bond or letter of credit, unless the public adjuster replaces this evidence of financial responsibility and has presented the evidence of such replacement to the existing issue or such instrument.||III. The commissioner may ask for the evidence of such financial responsibility at any time the commissioner deems relevant.||IV. The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes impaired.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:12 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:12 - Continuing Education.

    402-D:12 Continuing Education. –||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 adjusting duties and responsibilities during each continuing education biennium.||II. Every 2 years, at least 60 days prior to the renewal date of their license, persons holding a public adjusters license shall be certified by the insurance department as having completed 15 hours of continuing education.||III. This section shall not apply to:||(a) Licensees not licensed for one full year prior to the end of the applicable continuing education biennium; and||(b) Licensees holding nonresident public adjuster licenses who have met the continuing education requirements of their home state and whose home state gives credit to residents of this state on the same basis.||IV. Only continuing education courses approved by the commissioner shall be used to satisfy the continuing education requirement of paragraph I.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:14 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:14 - Approval of Forms.

    402-D:14 Approval of Forms. –||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, provided that the commissioner may disapprove the form within the 30-day period.||II. Contracts not containing all of the information required by RSA 402-D:13, I shall be automatically deemed disapproved. Any disapproved contract that is used by a public adjuster in violation of this paragraph shall be voidable by the consumer who signed the contract.||III. In the event of disapproval of the form, the commissioner shall notify the public adjuster and shall specify the reasons for the disapproval. The decision to disapprove the form may be appealed in accordance with RSA 541.|||Source. 2006, 9:1. 2014, 31:4, eff. July 26, 2014.|
NH Rev Stat § 402-D:15 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:15 - Escrow or Trust Accounts.

    402-D:15 Escrow or Trust Accounts. –||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 federal government in their home state.||II. All funds held in an escrow or trust account and interest accruing thereon shall be the property of the insured and shall be held pursuant to a written agreement signed by the insured and the public adjuster.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:16 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:16 - Record Retention.

    402-D:16 Record Retention. –||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 the public adjuster and the insured.||(d) Name of the insurer, and the amount, expiration date and number of each policy carried with respect to the loss.||(e) An itemized statement of the insured's recoveries.||(f) An itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss.||(g) A register of all moneys received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fee transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts.||(h) Name of the public adjuster who executed the contract.||(i) Name of the attorney representing the insured, if applicable, and the name of the claims representative of the insurance company.||(j) Evidence that the requirements of RSA 402-D:11 have been satisfied.||II. Records shall be maintained for at least 5 years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times.||III. Records submitted to the commissioner in accordance with this section that contain personal identifying information, shall be treated as confidential by the commissioner and shall not be subject to RSA 91-A. However, in order to assist in the performance of the commissioner's duties, the commissioner may share documents, materials, or other information, including the confidential documents, materials, or other information with other state, federal and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC) and its affiliates and subsidiaries, and with state, federal and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality of the information provided. Such parties shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this paragraph, unless the prior written consent of the person to which it pertains has been obtained.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:17 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:17 - Standards of Conduct of Public Adjuster.

    402-D:17 Standards of Conduct of Public Adjuster. –||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 contract.||III. A public adjuster shall not permit an unlicensed employee or representative of the public adjuster to advertise, engage insureds, furnish reports, or present bills to insureds, or in any manner whatsoever to conduct business for which a license is required under this chapter.||IV. A public adjuster shall not have a direct or indirect financial interest in any aspect of the claim, other than the salary, fee, commission, or other consideration established in the written contract with the insured.||V. A public adjuster shall not require any interest in salvage of property subject to the contract with the insured unless the public adjuster obtains written permission from the insured after settlement of the claim with the insurer.||VI. The public adjuster shall abstain from referring or directing the insured to get needed repairs or services in connection with a loss from any person:||(a) With whom the public adjuster has a financial interest; or||(b) From whom the public adjuster may receive direct or indirect compensation for the referral.||VII. A public adjuster shall not enter into a contract with an insured where the public adjuster knows or should know that the insured will obtain full recovery without the services of an adjuster.||VIII. No public adjuster shall have any interest in any construction firm, salvage firm, building appraisal firm, motor vehicle repair shop or any other firm which performs any work in conjunction with damages caused by an insured loss. The word "firm" shall include any corporation, partnership, association, joint stock company, or person.||IX. Any compensation or anything of value received by a public adjuster shall be disclosed by such adjuster to the insured in writing including the source and amount of such.||X. No public adjuster may employ, be employed by, or be in partnership with or receive or pay any remuneration whatsoever to or from any licensed insurance producer, insurer, or employee of an insurer arising out of the activities as a public adjuster.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:18 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:18 - Reporting of Actions.

    402-D:18 Reporting of Actions. –||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 the order, consent to order, or other relevant legal documents.||II. Within 30 days of the initial pretrial hearing date, the public adjuster shall report to the commissioner any criminal prosecution of the public adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:19 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:19 - Additional Penalty.

    402-D:19 Additional Penalty. –||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 adjuster shall misrepresent his or her identity or the identity of his or her principal or employer, or who shall wrongfully divulge information obtained by him or her in his or her capacity as a public adjuster may be subject to an administrative fine not to exceed $2,500. Additionally, the commissioner may order a refund of any moneys gained or obtained, or restitution of any valuable consideration received.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:20 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:20 - Rulemaking Authority.

    402-D:20 Rulemaking Authority. –||The commissioner may adopt rules, pursuant to RSA 541-A, as are necessary or proper to carry out the purposes of this chapter.|||Source. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-D:21 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-D - Public Adjusters|Section 402-D:21 - Severability.

    402-D:21 Severability. –||If any provision of this chapter, or the application thereof to any person or circumstances, 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. 2006, 9:1, eff. May 2, 2006.|
NH Rev Stat § 402-E:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-E - Managing General Agents|Section 402-E:1 - Definitions.

    402-E:1 Definitions. –||In this chapter:||I. "Actuary" means a person who is a member in good standing of the American Academy of Actuaries.||II. "Insurer" means any person, firm, association or corporation duly licensed in this state as an insurance company pursuant to title XXXVII.||III. (a) "Managing general agent" (MGA) means any person, firm, association or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting office, and acts as an agent for such insurer whether known as a managing general agent, manager or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premiums equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following:||(1) Adjusts or pays claims in excess of $200,000; or||(2) Negotiates reinsurance on behalf of the insurer.||(b) Notwithstanding subparagraph (a), the following persons shall not be considered as MGAs for the purposes of this chapter:||(1) An employee of the insurer.||(2) A U.S. manager of the United States branch of an alien insurer.||(3) An underwriting manager which, pursuant to contract, manages all insurance operations of the insurer other than those managed by the insurer itself, is under common control with the insurer, subject to RSA 401-B, the holding company regulatory act, and whose compensation is not based on the volume of premiums written.||(4) The attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or inter-insurance exchange under powers of attorney.||IV. "Underwrite" means the authority to accept or reject risk on behalf of the insurer.|||Source. 1991, 95:1. 2003, 144:4, eff. Jan. 1, 2004.|
NH Rev Stat § 402-E:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-E - Managing General Agents|Section 402-E:2 - Licensure.

    402-E:2 Licensure. –||I. No person, firm, association, corporation, or other entity shall act as an MGA until an MGA license has been issued by the commissioner. The license shall be renewed annually thereafter so long as the MGA complies with applicable law and rules and upon remittance of the renewal fee.||II. No person, firm, association, or corporation shall act in the capacity of an MGA with respect to risks located in this state for an insurer licensed in this state, unless such person is a licensed producer in this state.||III. No person, firm, association, or corporation shall act in the capacity of an MGA representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state, pursuant to the provisions of this chapter. Such license may be a nonresident license.||IV. The commissioner may require a bond in an amount acceptable to the commissioner for the protection of the insurer.||V. The commissioner may require the MGA to maintain an errors and omissions policy.||VI. The commissioner may require financial and other data in form and context satisfactory to the commissioner as part of the license application process.|||Source. 1991, 95:1. 1997, 284:2, eff. Jan. 1, 1998.|
NH Rev Stat § 402-E:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-E - Managing General Agents|Section 402-E:4 - Duties of Insurers.

    402-E:4 Duties of Insurers. –||I. The insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each MGA with which it has done business.||II. If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the MGA. This is in addition to any other required loss reserve certification.||III. The insurer, at least 2 times each year, shall conduct an on-site review of the underwriting and claims processing operations of the MGA.||IV. Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the MGA.||V. Within 30 days of entering into or termination of a contract with an MGA, the insurer shall provide written notification of such appointment or termination to the commissioner. Notices of appointment of an MGA shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the commissioner may request.||VI. An insurer shall review its books and records each quarter to determine if any producer has become an MGA. If the insurer determines that a producer has become an MGA, the insurer shall promptly notify the producer and the commissioner of such determination, and the insurer and producer shall fully comply with the provisions of this chapter within 30 days.||VII. An insurer shall not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its MGAs. This paragraph shall not apply to relationships governed by RSA 401-B.|||Source. 1991, 95:1, eff. Jan. 1, 1992.|
NH Rev Stat § 402-E:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-E - Managing General Agents|Section 402-E:5 - Examination Authority.

    402-E:5 Examination Authority. –||I. The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined as if it were the insurer.||II. The commissioner may designate examiners or consultants, as appropriate, to perform an audit of an MGA when the commissioner considers an audit necessary. The audit shall be conducted at the expense of the MGA. MGA's shall make all records and books of account available to the examiners or consultants, and shall otherwise facilitate the performance of the audit.|||Source. 1991, 95:1. 1997, 284:4, eff. Jan. 1, 1998.|
NH Rev Stat § 402-E:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-E - Managing General Agents|Section 402-E:6 - Penalties and Liabilities.

    402-E:6 Penalties and Liabilities. –||I. If the commissioner finds after notice and hearing that any person has violated any provision of this chapter, or rules adopted pursuant to this chapter, the commissioner may order:||(a) For each separate violation, a penalty in an amount of $2,500.||(b) Revocation or suspension of the producer's license.||(c) The MGA to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this chapter committed by the MGA.||(d) Any other applicable penalty provided for in the insurance law.||I-a. Any person who shall practice or attempt to practice as an MGA in this state without a license shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if any other person.||II. Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants and auditors.|||Source. 1991, 95:1. 1997, 284:5. 2005, 206:4, eff. Jan. 1, 2006.|
NH Rev Stat § 402-E:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-E - Managing General Agents|Section 402-E:7 - Rulemaking.

    402-E:7 Rulemaking. –||The commissioner of the insurance department may adopt rules, under RSA 541-A, necessary for the implementation and administration of this chapter.|||Source. 1991, 95:1. 2002, 207:45, eff. July 15, 2002.|
NH Rev Stat § 402-E:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-E - Managing General Agents|Section 402-E:8 - Other Applicable Provisions.

    402-E:8 Other Applicable Provisions. –||The provisions of title XXXVII apply to managing general agents.|||Source. 1997, 284:6, eff. Jan. 1, 1998.|