reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:8 - Appearances.

417:8 Appearances. –
Upon good cause shown, the commissioner may permit any person to intervene, appear and be heard at such hearing.
Source.
1947, 189:1, par. 8, eff. June 12, 1947.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:9 - Service of Charges, Etc.

417:9 Service of Charges, Etc. –
Statements of charges, notices, orders, and other processes of the commissioner under this chapter may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions, or by registering and mailing a copy thereof to the person affected by such statement, notice, order, or other process at such person's or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of such service, shall be proof of the same, and the return postcard receipt for such statement, notice, order, or other process, registered and mailed as provided in this section, shall be proof of the service of the same.
Source.
1947, 189:1, par. 9. 1996, 238:11, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:10 - Orders and Penalty.

417:10 Orders and Penalty. –
I. If after hearing or at the expiration of the period set forth in a show cause order issued pursuant to this chapter, any person is found to have violated RSA 417:3, the commissioner may suspend, revoke, or refuse to renew the license of that person. The commissioner, in the commissioner's discretion, in addition to or in lieu of such suspension, revocation, or refusal to renew, may impose upon that person an administrative penalty of not more than $2,500 for each method of competition, act, or practice found to be in violation of RSA 417:3. The commissioner shall collect the amount so imposed and may bring an action in the name of the state to enforce collection.
II. In lieu of the monetary penalties provided for under paragraph I, the commissioner, after hearing, may order relief for actual economic losses to restore, in whole or in part, any individual consumer, as opposed to a group or class of consumers, in interest to the position that the consumer formerly occupied either by the return of that which the consumer formerly had or by receipt of its equivalent in money. Unless the parties agree, an order of relief under this paragraph shall not exceed $2,500 for each method of competition, act, or practice found to be in violation of RSA 417:3 and where a pattern of conduct or practice has been established. Relief may be ordered under this paragraph only when the consumer in interest has agreed that such relief shall constitute a waiver of any action for the same cause that might otherwise be filed before an administrative agency or any court. Relief ordered under this paragraph shall not apply to disputes regarding claims or losses.
Source.
1947, 189:1, par. 10. RSA 417:10. 1971, 519:5. 1996, 238:12. 2004, 210:3, eff. Aug. 10, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:11 - Appeal.

417:11 Appeal. –
Any party to the proceedings aggrieved by any order or decision of the insurance commissioner pursuant to RSA 417:10 shall be entitled to an appeal to the supreme court in accordance with the provisions of RSA 541, except that in the case of a fine imposed by any order or decision, the party aggrieved shall be entitled to an appeal to the superior court in the county in which the party resides, if a resident, or, if a nonresident, in the Merrimack county superior court and a trial de novo in said court.
Source.
1947, 189:1, par. 11. RSA 417:11. 1971, 519:6; 561:12. 1996, 238:13, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:12 - Procedure as to Undefined Unfair Acts and Practices.

417:12 Procedure as to Undefined Unfair Acts and Practices. –
I. Whenever the commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in RSA 417:4 nor which has been determined pursuant to this section to be an unfair method of competition, or an unfair or deceptive act or practice in the business of insurance and that such method of competition is unfair or that such act or practice is unfair or deceptive, and that a proceeding by the commissioner in respect thereto would be in the public interest, the commissioner shall issue and serve upon such person a statement of the charges and a notice of hearing to be held at a time and place fixed in the notice, which shall not be less than 10 days after the date of the service of the notice. The notice of the hearing may be in the form of a notice to show cause, stating the proposed action to be taken unless such person shows cause at a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the proposed action.
II. At the expiration of the period set forth in the show cause order issued pursuant to paragraph I, or if after such hearing, the commissioner shall determine that the method of competition or the act or practice in question is in violation of this chapter and if such method of competition, act, or practice has not been discontinued, the commissioner shall reduce the findings to writing and shall issue and cause to be served on the person charged with the violation an order requiring such person to cease and desist from engaging in such method of competition, act or practice.
III. Upon showing by any person that such person has an interest likely to be affected adversely, the commissioner shall permit such person to intervene, appear and be heard at such hearing by counsel or in person.
IV. An order of the commissioner to cease and desist shall become final:
(a) Upon the expiration of the period set forth in the show cause order; or
(b) Upon receipt of the order by the person involved.
V. Any party aggrieved by any order or decision of the insurance commissioner pursuant to this section shall be entitled to an appeal in accordance with the provisions of RSA 541.
Source.
1947, 189:1, par. 12. RSA 417:12. 1971, 519:7. 1996, 238:14, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:13 - Penalty.

417:13 Penalty. –
If any person violates a cease and desist order issued by the commissioner pursuant to RSA 417:12, the commissioner may suspend, revoke, or refuse to renew the license of that person. The commissioner in the commissioner's discretion, in addition to or in lieu of such suspension, revocation, or refusal to renew, may impose upon that person an administrative penalty of not more than $2,500 for each method of competition, act, or practice found to be in violation of this chapter pursuant to RSA 417:12. The commissioner shall collect the amount so imposed and may bring an action in the name of the state to enforce collection.
Source.
1947, 189:1, par. 13. RSA 417:13. 1971, 519:8. 1996, 238:15, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:14 - Procedure Additional.

417:14 Procedure Additional. –
The powers vested in the commissioner by this chapter shall be in addition to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive.
Source.
1947, 189:1, par. 14, eff. June 12, 1947.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:15 - Failure to Obey Subpoena.

417:15 Failure to Obey Subpoena. –
In case of refusal of any person to comply with any subpoena issued under this chapter or to testify to any matter to which such person may be lawfully interrogated, the superior court of Merrimack county or the county where said party resides on application of the commissioner may issue an order requiring such person to comply with such subpoena and to testify. Any failure to obey such order of the court may be punished by the court as contempt of court.
Source.
1947, 189:1, par. 15. 1996, 238:16, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:16 - Immunity From Prosecution.

417:16 Immunity From Prosecution. –
If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of such person may tend to be self-incriminating or subject such person to a penalty or forfeiture, and shall notwithstanding be directed to give such testimony or produce such evidence, the person must nonetheless comply with such direction, but shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which such person may testify or produce evidence pursuant thereto, and no testimony so given or evidence produced shall be received against the person upon any criminal action, investigation or proceeding; provided, however, that no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by such individual while so testifying and the testimony or evidence so given or produced shall be admissible against the individual upon any criminal action, investigation or proceeding concerning such perjury, nor shall the individual be exempt from the refusal, revocation, or suspension of any license, permission or authority conferred, or to be conferred, pursuant to the insurance law of this state. Any such individual may execute, acknowledge, and file in the office of the commissioner a statement expressly waiving such immunity or privilege in respect to any transaction, matter, or thing specified in such statement and thereupon the testimony of such person or such evidence in relation to such transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury or otherwise, and if so received or produced such individual shall not be entitled to any immunity or privilege on account of any testimony such individual may so give or evidence so produced.
Source.
1947, 189:1, par. 16. 1996, 238:17, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:17 - Prohibitions.

417:17 Prohibitions. –
Any domestic insurance company may have as a director a person who is also a director of another insurance company, which may be a foreign or domestic company; provided, however, that if the effect is to substantially lessen competition generally in the insurance business or to tend to create a monopoly therein, it shall be deemed a violation of this chapter. In the administration and enforcement of this section the commissioner shall have the powers and duties conferred and imposed upon the commissioner by other applicable sections of this chapter with respect to violations of it.
Source.
1949, 47:1. 1996, 238:18, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:18 - Definitions.

417:18 Definitions. –
As used in this subdivision the following words shall have the following meaning:
I. "Insurance unfair trade practices law" and similar phrases means those practices prohibited by RSA 417.
II. "Consumer" means any natural person who is offered or supplied goods or services for personal, family, or household purposes.
III. "Supplier" means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers, and adjusters.
IV. "State insurance supervisory authority" means the New Hampshire insurance commissioner, or other official charged with the responsibility of regulating the insurance business in the state in question.
Source.
1971, 519:9, eff. Sept. 5, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:19 - Action Against Supplier.

417:19 Action Against Supplier. –
I. When a supplier, in any action or proceeding brought by the insurance commissioner, has been found to be in violation of this chapter or has been ordered to cease and desist, and said finding or order has become final, any consumer claiming to be adversely affected by the act or practice giving rise to such finding or order may bring suit against said supplier to recover any damages or loss suffered because of such action or practice.
II. For the sole purpose of providing the consumer with the procedural rights set forth under RSA 541 and RSA 541-A, failure of the commissioner to take action under RSA 417:6 or RSA 417:12 within 120 days from the date of the receipt of a complaint from an alleged injured person shall constitute a finding that the alleged act or practice is not in violation of this chapter. This finding may be appealed in accordance with RSA 541. If upon appeal the decision of the commissioner is not upheld, the petitioner may proceed under RSA 417:19, I. Nothing contained in this section shall be construed to limit the commissioner's authority to pursue any legal or regulatory action pursuant to this chapter or any provision in title XXXVII.
Source.
1971, 519:9. 2009, 178:5, eff. Sept. 11, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:20 - Administration of Actions.

417:20 Administration of Actions. –
I. Actions under this chapter shall be administered, so far as practicable, to avoid a multiplicity of actions seeking relief for or on behalf of the same consumers.
II. Actions under this chapter shall be administered, so far as practicable, to facilitate voluntary settlements.
III. Whenever a consumer shall prevail in an action brought under RSA 417:19, I, the consumer shall be allowed to recover, in addition to damages, the cost of the suit, including reasonable attorneys' fees. Upon the termination of all suits under this section, the court shall inquire into the reasonableness of attorneys' fees charged to the claimants and revise such fees where necessary to make them reasonable.
Source.
1971, 519:9. 1996, 238:19, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:21 - Effect of Finding or Order.

417:21 Effect of Finding or Order. –
A final finding or order rendered in any proceeding before the insurance commissioner pursuant to RSA 417:10, to the effect that the defendant has engaged in an unfair insurance practice, shall be prima facie evidence against the defendant in any action or proceeding brought by any consumer against the defendant under the provisions of RSA 417:19, I. This section shall not apply to consent judgments. No consumer may recover more than once from the same supplier for the same act or practices.
Source.
1971, 519:9, eff. Sept. 5, 1971; 561:9, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:22 - Venue.

417:22 Venue. –
An action under this chapter may be brought in Merrimack county superior court or any district of the United States in which the claim arose or in which the defendant resides, is found, has an agent, is licensed to do business, or is doing business.
Source.
1971, 519:9, eff. Sept. 5, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:23 - Insurance Fraud Investigation Unit Established.

417:23 Insurance Fraud Investigation Unit Established. –
There is established in the department of insurance the insurance fraud investigation unit. The unit shall assist the commissioner, or any law enforcement agency, in investigating insurance fraud or other insurance-related criminal activity and in developing and implementing programs to prevent insurance fraud and abuse. The unit shall have the power to subpoena witnesses and administer oaths in any investigation it conducts, and to compel the production of any books, papers or other memoranda or documents by subpoena duces tecum. The unit shall promptly notify the attorney general of any insurance application, claim, or activity which involves criminal conduct. When required by the commissioner and the attorney general, the unit shall cooperate with the attorney general in the investigation and prosecution of criminal violations.
Source.
1993, 357:6. 2000, 260:1, eff. Aug. 11, 2000.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:24 - Staff.

417:24 Staff. –
The commissioner shall appoint full-time, classified persons who shall be qualified by training and experience to perform the duties of their positions.
Source.
1993, 357:6. 2003, 144:9, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:25 - Attorney General.

417:25 Attorney General. –
When requested by the commissioner, the attorney general may assign an assistant attorney general to assist the unit in the performance of its duties.
Source.
1993, 357:6, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:26 - Evidence Collection.

417:26 Evidence Collection. –
If, by its own inquiries or as a result of complaints, the insurance department has any reason to believe that a person has engaged in, or is engaging in, any criminal activity or any violations involving title XXXVII, it may administer oaths, serve subpoenas ordering the attendance of witnesses or production of material, and collect evidence. Service of such subpoenas and subpoenas duces tecum may be made by:
I. Delivering a duly executed copy to the person to be served or an agent authorized by law to receive service of process;
II. Delivering a duly executed copy to the person's principal place of business or abode in this state, if any; or
III. Mailing a duly executed copy via registered mail, return receipt requested, to the person to be served, or an agent authorized by law to receive service of process.
Source.
1996, 285:1. 2000, 260:2. 2007, 37:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:27 - Inspection.

417:27 Inspection. –
If material that the unit seeks to obtain by request is located outside the state, the person so requested may make such material available for examination by the unit or its representative at the place where it is located. The unit may designate representatives, including officials of the state in which the material is located, to inspect the material on its behalf, and it may respond to similar requests from officials of other states.
Source.
1996, 285:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:28 - Reporting of Fraudulent Claims by Insurers.

417:28 Reporting of Fraudulent Claims by Insurers. –
Any person or entity regulated under title XXXVII which has reason to believe that an insurance fraud or insurance-related criminal activity has been committed shall make a report to the unit within 60 days or within a shorter period under such circumstances as the commissioner may prescribe by rule. No waiver of any such regulated person's or entity's applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of such disclosure to the unit. Such report shall be made on a form prescribed by the unit and shall contain the information requested and such additional information as the unit may require. The unit shall review such report and select such claims as, in its judgment, warrant further investigation. In the absence of fraud or malice, no public official or insurance company or person who furnishes information on behalf of the insurance company shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information required pursuant to this section.
Source.
1996, 285:1. 1997, 284:18. 2007, 37:2, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:29 - Fraud Unit Material Information Disclosure.

417:29 Fraud Unit Material Information Disclosure. –
The unit's papers, documents, reports, or evidence relative to the subject of investigation under this section shall remain confidential and shall not be subject to public inspection or disclosure. Further, such papers, documents, reports, or evidence relative to the subject of an investigation under this section shall be privileged and shall not be subject to subpoena, discovery, or disclosure in any proceeding other than the action initiated by the unit, except as specifically authorized in this subdivision. For the purposes of this section, investigative materials shall include the testimony of unit personnel concerning any matter of which they have knowledge pursuant to a pending insurance fraud investigation by the unit.
Source.
1996, 285:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:30 - Insurer Antifraud Initiatives.

417:30 Insurer Antifraud Initiatives. –
I. Except for insurance companies writing only credit, home warranty, travel, or title insurance, every insurance company licensed to write direct business in this state shall have antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts, including a written antifraud plan. This plan shall be furnished to the commissioner, upon request.
II. Antifraud plans submitted to the commissioner shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.
III. The provisions of RSA 400-A:36, III shall apply to the furnishing of information by an insurer to the unit or to any other insurer involved in the prevention or detection of fraudulent insurance acts.
IV. If the commissioner finds that an insurer licensed to do business in New Hampshire has failed to execute an antifraud plan, the commissioner may issue a fine or suspend the right of the insurer to do business in this state until such time as that insurer comes into compliance with the provisions of this chapter.
Source.
1997, 284:19. 2000, 260:3, 4. 2007, 37:3, eff. Jan. 1, 2008. 2019, 189:1, 2, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:31 - Rulemaking.

417:31 Rulemaking. –
The commissioner may adopt rules, pursuant to RSA 400-A:15, I, as necessary for the implementation of this subdivision.
Source.
2007, 37:4, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:1 - Definitions.

417-A:1 Definitions. –
As used in this chapter the following definitions shall apply:
I. "Policy of automobile insurance" means a policy delivered or issued for delivery in this state insuring a person as named insured or one or more related individuals resident of the same household, and under which the insured vehicles therein designated includes a private passenger automobile as defined in rules adopted by the commissioner pursuant to RSA 541-A.
II. "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, such renewal policy to provide types and limits of coverage at least equal to those contained in the policy being superseded, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy being extended; provided, however, that any policy with a policy period or term of less than 12 months or any period with no fixed expiration date shall for the purpose of this chapter be considered as if written for successive policy periods or terms of 12 months.
III. "Insurer" means any insurance company, association or exchange authorized to issue policies of automobile insurance in the state of New Hampshire.
IV. "Nonpayment of premium" means failure of the named insured to discharge when due any of the named insured's obligations in connection with the payment of premiums on a policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit.
Source.
1969, 487:1. 1992, 282:13. 1996, 285:20, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:2 - Application of Chapter.

417-A:2 Application of Chapter. –
This chapter shall apply to that portion of policies of automobile insurance providing bodily injury and property damage liability, comprehensive, and collision coverages and to the provisions therein, if any, relating to medical payments and uninsured motorists coverage, which take effect subsequent to September 1, 1969.
Source.
1969, 487:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:3 - Cancellation; Refusal to Write; Refusal to Renew; Insufficient Grounds.

417-A:3 Cancellation;  Refusal to Write;  Refusal to Renew;  Insufficient Grounds. –
No insurer shall cancel, refuse to write or refuse to renew a policy of automobile insurance on any person solely because of the age, residence, race, color, creed, national origin, ancestry, marital status or lawful occupation, including the military service, of anyone who is or seeks to become insured or solely because another insurer has refused to write a policy, or has cancelled or has refused to renew an existing policy in which that person was the named insured.
Source.
1969, 487:1. 1971, 453:3. 2014, 31:10, eff. July 26, 2014.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:3-a - Coercion by Insurer.

417-A:3-a Coercion by Insurer. –
No insurer shall refuse to renew a policy of automobile insurance previously issued to an individual solely because such individual has no other policy of insurance with said insurer.
Source.
1971, 247:1, eff. Aug. 22, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:3-b - Repealed by 2021, 147:3, II, eff. Sept. 21, 2021.

417-A:3-b Repealed by 2021, 147:3, II, eff. Sept. 21, 2021. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:3-c - Underwriting on the Basis of Credit Information.

417-A:3-c Underwriting on the Basis of Credit Information. –
No insurer shall cancel, refuse to write, or refuse to renew a policy of automobile insurance solely on the basis of credit information obtained from a credit rating, a credit history, or a credit scoring model, without consideration of any other applicable and permitted underwriting factors independent of credit information.
Source.
2010, 125:1, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:4 - Cancellation, Grounds.

417-A:4 Cancellation, Grounds. –
No insurer, after a policy has been in effect for 60 days, or if a policy is a renewal, effective immediately, shall cancel a policy except for one or more of the following reasons:
I. Nonpayment of premium;
II. [Repealed.]
III. Specific request of the insured.
IV. Named insured was not a resident of the state of New Hampshire at the time the policy was issued or renewed, unless the insured vehicle at issue was exclusively garaged in New Hampshire when the policy was issued or renewed.
Source.
1969, 487:1. 1990, 114:6, I. 2002, 207:17, eff. July 15, 2002. 2021, 147:2, eff. Sept. 21, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:5 - Cancellation, Refusal to Renew, Notice.

417-A:5 Cancellation, Refusal to Renew, Notice. –
No cancellation or refusal to renew by an insurer of a policy of automobile insurance shall be effective unless the insurer or its agent either physically delivers or mails to the named insured, at the address shown in the policy, a written notice of the cancellation or refusal to renew or electronically delivers to the named insured a written notice of cancellation or refusal to renew. Such notice shall:
I. Be approved as to form by the insurance commissioner prior to use.
II. State the date on which such cancellation or refusal to renew shall become effective. The effective date shall not be less than 45 days after the date the notice is mailed or physically or electronically delivered to the named insured provided however, the effective date may be 10 days from the date of mailing or physical or electronic delivery when:
(a) The policy is being cancelled or not renewed for nonpayment of premium, provided that nonpayment notices shall not be issued until nonpayment has occurred; or
(b) The policy is not a renewal policy and the cancellation notice is mailed or delivered within 60 days of the policy's effective date and the insurer otherwise complies with all laws and rules related to cancellation of automobile insurance.
III. State the specific reason or reasons of the insurer for cancellation or refusal to renew.
IV. Advise the insured that the insured has the right to request that the insurance commissioner review the insurer's decision to cancel or not renew the policy. This notice shall advise the insured that in order to request the commissioner's review of the cancellation or nonrenewal, the insured must send a written request to the commissioner within 10 days of receiving the insurer's notice of cancellation or nonrenewal. The insurer shall also provide in the notice, the phone number and mailing address of the New Hampshire insurance department.
V. In case of an automobile policy, in the notice advise the insured of eligibility for insurance through the automobile reinsurance facility.
Source.
1969, 487:1. 1971, 453:4. 1996, 285:21. 2006, 196:12. 2009, 215:8, 9. 2010, 212:11, eff. Jan. 1, 2011. 2021, 57:1, 2, eff. July 24, 2021. 2022, 42:13, eff. July 2, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:5-a - Notice of Nonrenewal Not Required.

417-A:5-a Notice of Nonrenewal Not Required. –
A notice of nonrenewal for nonpayment of premium on a policy written on other than a continuous basis is not required if the insurer has manifested in writing its willingness to renew by issuing or offering to issue a renewal policy certificate or other evidence of renewal or has manifested such intention in writing by other means.
Source.
1971, 561:6, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:6 - Liability for Giving Information.

417-A:6 Liability for Giving Information. –
There shall be no liability on the part of and no cause of action of any nature shall arise against the insurance commissioner, any insurer, the authorized representatives, agents and employees of either or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or refusal to write or renew for any statement made by any of them in complying with this chapter or for the providing of information pertaining thereto.
Source.
1969, 487:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:7 - Review Request; Reasons for Refusal.

417-A:7 Review Request;  Reasons for Refusal. –
I. Any insured may within 10 days of the receipt by the insured of notice of cancellation or notice of intention not to renew, or of the receipt of the reason or reasons for the cancellation or refusal to renew if they were not stated in the notice, request in writing to the insurance commissioner that the commissioner review the action of the insurer in cancelling or refusing to renew the policy of such insured.
II. Any applicant for a policy who is refused such policy by an insurer may in writing within 10 days of notice of such refusal request the insurer to supply the reasons for such refusal. The insurer shall supply such reasons within 5 days of receipt by it of such request. Within 10 days of the receipt of such reasons, the applicant may request in writing to the insurance commissioner that the commissioner review the action of the insurer in refusing to write a policy for the applicant.
Source.
1969, 487:1. 1996, 285:22, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:8 - Review Procedure; Termination of Policy.

417-A:8 Review Procedure;  Termination of Policy. –
On receipt of a request for review, the insurance commissioner or designated representative shall notify the insurer thereof and shall review the matter to determine whether the cancellation or refusal to renew or to write was in violation of this chapter, and shall within 60 days of the receipt of such request either order the policy written or reinstated or uphold the cancellation or refusal to renew. In the case of a cancellation of or refusal to renew a policy, such policy shall remain in effect until the conclusion of such review by the insurance commissioner or the date referred to in RSA 417-A:5, II, whichever is later, except for appeals from cancellations due to nonpayment of premiums, in which case the policy shall terminate as of the date provided in the notice under RSA 417-A:5, II unless the appeal is upheld or the policy reinstated.
Source.
1969, 487:1. 1996, 285:23, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:9 - Rules and Regulations; Review Fee; Appeal From Review.

417-A:9 Rules and Regulations;  Review Fee;  Appeal From Review. –
The insurance commissioner shall promulgate rules and regulations necessary for the administration of this chapter. The commissioner may provide in such rules and regulations for the establishment of a filing fee not exceeding $15 to accompany the request for review. Should the insurance commissioner decide the appeal in favor of the insured, the filing fee shall be returned immediately and the fee shall be paid by the insurer. The policy in question shall remain in effect during the pendency of any appeal taken by the insurer pursuant to RSA 541. Should the commissioner find for the insurer, the policy in question shall be suspended and inoperative during the pendency of any appeal taken by the insured pursuant to RSA 541.
Source.
1969, 487:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:10 - Penalty; Severability; Records.

417-A:10 Penalty;  Severability;  Records. –
I. Failure by an insurer to comply with any section of this chapter, or rules, regulations, and order issued pursuant thereto shall subject an insurer to a fine not exceeding $2,500 in the discretion of the insurance commissioner, or suspension or revocation of such insurers license, or both.
II. If any provisions or clause of this chapter or application thereof to any person or situation 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 application, and to this end the provisions of this chapter are declared to be severable.
III. The insurance commissioner may require that each insurer shall maintain records of the numbers of cancellations and refusals to write or renew policies and the reasons therefor and shall supply to the insurance commissioner such information as the commissioner may request.
Source.
1969, 487:1. 1971, 453:5. 1996, 285:24. 2003, 144:11, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-A - Refusal to Issue, Cancellation and Refusal to Renew Automobile Insurance › Section 417-A:11 - Repealed by 2009, 215:14, eff. Sept. 13, 2009.

417-A:11 Repealed by 2009, 215:14, eff. Sept. 13, 2009. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:1 - Application of Chapter.

417-B:1 Application of Chapter. –
This chapter shall apply to policies of insurance other than automobile insurance and workers' compensation insurance on risks located or residents in this state which insure any of the following contingencies:
I. Loss of or damage to real property which is used solely for residential purposes, which is owner occupied, and which consists of not more than 4 dwelling units.
II. Loss of or damage to personal property owned by natural persons except personal property used in the conduct of a commercial or industrial enterprise.
III. Legal liability of a natural person or persons for loss of, damage to, or injury to, persons or property, but not including policies primarily insuring risks arising from the conduct of a commercial or industrial enterprise.
Source.
1971, 453:1. 1983, 396:1. 2006, 196:13, eff. July 30, 2006. 2021, 50:7, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:2 - Cancellation; Refusal to Write; Refusal to Renew; Insufficient Grounds.

417-B:2 Cancellation;  Refusal to Write;  Refusal to Renew;  Insufficient Grounds. –
No insurer shall cancel or refuse to write or renew a policy of insurance insuring against any of the contingencies set forth in RSA 417-B:1 solely because of the age, residence, race, color, creed, national origin, ancestry, marital status, or lawful occupation, including the military service, of anyone who is or seeks to become insured or solely because another insurer has refused to write a policy, or has cancelled or has refused to renew an existing policy in which that person was the named insured.
Source.
1971, 453:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:2-a - Underwriting on the Basis of Credit Information.

417-B:2-a Underwriting on the Basis of Credit Information. –
No insurer shall cancel, refuse to write, or refuse to renew a policy under this chapter solely on the basis of credit information obtained from a credit rating, a credit history, or a credit scoring model, without consideration of any other applicable and permitted underwriting factor independent of credit information.
Source.
2010, 125:2, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:3 - Cancellation Grounds.

417-B:3 Cancellation Grounds. –
No insurer, after a policy has been in effect for 90 days, or if a policy is a renewal, effective immediately, shall cancel a policy except for one or more of the following reasons:
I. Nonpayment of premium, including nonpayment of any additional premiums, calculated in accordance with the current rating manual of the insurer, justified by a physical change in the insured property or a change in its occupancy or use.
II. Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against.
III. Discovery of fraud or material misrepresentation by the named insured in pursuing a claim under the policy.
IV. Discovery of grossly negligent acts or omissions by the insured substantially increasing any of the hazards insured against.
V. Physical changes in the insured property which result in the property becoming uninsurable.
VI. Specific request of the insured.
Source.
1971, 453:1. 1983, 396:2. 2006, 196:16, eff. July 30, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:3-a - Nonrenewal for Filing a Claim.

417-B:3-a Nonrenewal for Filing a Claim. –
The nonrenewal of a homeowner's insurance policy is prohibited if the nonrenewal is based solely on the insured having filed a single valid claim within any one previous or current policy term. For policies that contain no fixed expiration date or that are issued for other than annual periods a term shall be considered each 12 month anniversary from the date of policy issuance. Inquiries about coverage on a policy do not constitute a valid claim and shall not be the basis for nonrenewals.
Source.
1992, 133:2. 2003, 144:12. 2014, 83:1, eff. Aug. 10, 2014. 2017, 55:9, eff. Aug. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:4 - Cancellation; Refusal to Renew; Notice.

417-B:4 Cancellation;  Refusal to Renew;  Notice. –
No cancellation or refusal to renew by an insurer of a policy of insurance insuring against any of the contingencies set forth in RSA 417-B:1 shall be effective unless the insurer or its agent either physically delivers or mails to the named insured, at the address shown in the policy, a written notice of the cancellation or refusal to renew or electronically delivers to the named insured a written notice of cancellation or refusal to renew. Such notice shall:
I. State the date on which such cancellation or refusal to renew shall become effective. The effective date shall not be less than 45 days after the date the notice is mailed or physically or electronically delivered to the named insured provided however, the effective date may be 10 days from the date of mailing or physical or electronic delivery when:
(a) The policy is being cancelled or not renewed for nonpayment of premium; or
(b) The policy is not a renewal policy and the cancellation notice is mailed or delivered within 90 days of the policy's effective date.
II. State the specific reason or reasons of the insurer for cancellation or refusal to renew or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than 10 days prior to the effective date of cancellation or refusal to renew, the insurer will specify the reason or reasons for such cancellation, or refusal to renew. The insurer shall supply such information within 5 days of receipt by it of such request.
III. Any policy written for a term of less than one year shall be considered as if written for a term of one year. Any policy written for a term longer than one year, or any policy with no fixed expiration date, shall be considered as if written for successive policy periods or terms of one year.
Source.
1971, 453:1. 1983, 396:3. 2009, 215:10. 2010, 212:12, eff. Jan. 1, 2011. 2021, 57:3, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:5 - Liability of Giving Information.

417-B:5 Liability of Giving Information. –
There shall be no liability on the part of, and no cause of action of any nature shall arise against the insurance commissioner, any insurer, the authorized representatives, agents, and employees of either for any statement made by any of them in complying with this chapter or for the providing of information pertaining thereto.
Source.
1971, 453:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:6 - Rules and Regulations.

417-B:6 Rules and Regulations. –
The commissioner may issue such rules, regulations, and orders as may be necessary to carry out the purposes and provisions of this chapter.
Source.
1971, 453:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:7 - Penalty; Severability; Records.

417-B:7 Penalty;  Severability;  Records. –
I. Failure by an insurer to comply with any section of this chapter, or rules, regulations and orders issued pursuant thereto shall subject an insurer to a fine not exceeding $500 in the discretion of the insurance commissioner, or suspension or revocation of such insurer's license, or both.
II. If any provisions or clause of this chapter or application thereof to any person or situation 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 this end the provisions of this chapter are declared to be severable.
III. The insurance commissioner may require that each insurer shall maintain records of the numbers of cancellations and refusals to write or renew policies and the reasons therefor and shall supply to the insurance commissioner such information as he may request.
Source.
1971, 453:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417-B - Cancellation, Refusal to Write, Refusal to Renew Certain Property and Liability Insurance › Section 417-B:8 - Insurers.

417-B:8 Insurers. –
As used in this chapter, "insurer" means any insurance company, association, or exchange authorized to issue policies of insurance in the state of New Hampshire.
Source.
1971, 561:10, eff. Sept. 10, 1971.