reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:6 - Temporary Insurance.

407:6 Temporary Insurance. –
Binders or other contracts for temporary insurance may be made, orally or in writing, and shall be deemed to include all the terms of such Standard Fire Policy and all such applicable endorsements as may be designated in such contract of temporary insurance; except that the cancellation clause of such Standard Fire Policy, and the clause thereof specifying the hour of the day at which the insurance shall commence, may be superseded by the express terms of such contract of temporary insurance.
Source.
1959, 163:1. 1986, 157:3, eff. May 28, 1986.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:8 - Use of Forms.

407:8 Use of Forms. –
A copy of the forms or endorsements providing coverage to be used with the Standard Fire Policy shall be filed with the insurance commissioner. The commissioner is given authority to disapprove any such form if he shall find it to be unfair or inequitable or if it does not comply with the requirements of law or conform to the filings made under the law relating to the regulation of rates.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:9 - Descriptions Not Warranties.

407:9 Descriptions Not Warranties. –
Descriptions of property and statements concerning its value and the title of the insured thereto in an application for insurance or in an insurance policy shall not be treated as warranties.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:10 - Agent's Knowledge.

407:10 Agent's Knowledge. –
If a company shall issue a policy upon an application prepared by a third person assuming to act as its agent or otherwise, it shall be charged with his knowledge of facts relating to the property insured as if they were stated in the application.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:11 - Policy Value.

407:11 Policy Value. –
I. If a building insured for a specified amount, whether under a separate policy or under a policy also covering other buildings, is totally destroyed by fire or lightning without criminal fault on the part of the insured or his assignee, the sum for which such building is insured shall be taken to be the value of the insured's interest therein unless overinsurance thereon was fraudulently obtained.
II. If an insured building is only partially destroyed by fire or lightning, the insured shall be entitled to the actual loss sustained not exceeding the sum insured.
III. Nothing contained in paragraphs I and II of this section shall be construed as prohibiting the use of coinsurance, or agreed amount.
IV. When a building is insured not for a specified amount but under a blanket form with one amount covering 2 or more buildings or one or more buildings and personal property, the provisions of paragraph I of this section shall not apply.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:12 - Adjustment and Payment of Loss.

407:12 Adjustment and Payment of Loss. –
The company shall begin the adjustment of the loss within 15 days after receipt of notice of loss. The amount of loss under a fire insurance policy shall be due and payable in 60 days after receipt by the insuring company of proof of loss, and the insured may commence an action after the expiration of that time to recover the same.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:12-a - Payment of Incidental Costs.

407:12-a Payment of Incidental Costs. –
In the event that an insured sustains a loss covered under the policy with respect to payment of undisputed incidental costs, including but not limited to rent, the insurer shall make payment for such costs within 15 days after receipt of a valid proof of loss. The insured may commence an action after the expiration of the 15 days to recover such costs.
Source.
1992, 133:1, eff. May 4, 1992.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:13 - Rebuilding.

407:13 Rebuilding. –
If the company decides to rebuild or repair the property destroyed or injured, it shall begin to do so within 20 days after adjusting the loss, and shall prosecute the work with reasonable diligence until it is completed.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:14 - Neglect of Insurer.

407:14 Neglect of Insurer. –
If the company neglects to adjust the loss within 15 days after receiving notice of it, or to begin to rebuild or repair the property destroyed or damaged within 20 days after the adjustment of the loss, the insured may proceed to rebuild or repair at the expense of the company, which shall be liable for the reasonable expenses incurred in so doing and for the loss sustained by its neglect, not exceeding the amount insured; or the insured may commence an action upon the policy.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:15 - Notice to Insured.

407:15 Notice to Insured. –
The insurer shall provide written notice to the insured of any denial of coverage. The notice shall inform the insured that any action based upon the denial shall be barred by law if not commenced within 12 months from the date of the written denial.
Source.
1959, 163:1. 2014, 31:6, eff. July 26, 2014.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:16 - Judgment, etc.

407:16 Judgment, etc. –
If, upon trial, the insured recovers more than the amount determined by the insurers, he shall have judgment and execution immediately therefor, with interest and costs. If he recovers no more than such amount, the court may allow interest thereon, and such costs to either party as may be just; but execution shall not issue against the company within 3 months, unless by special order of court.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:17 - Suit Against Foreign Company.

407:17 Suit Against Foreign Company. –
A person having a claim against an insurance company not organized under the laws of the state, arising from a transaction with an agent of the company in the state, may sue therefore in the courts of the state. Service of any process pertaining to such action upon the insurance commissioner shall have the same effect as if the company were a domestic corporation and the service were lawfully made within the state upon its officers.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:18 - Non-payment of Judgment.

407:18 Non-payment of Judgment. –
If in such action the plaintiff shall recover a judgment, and the company does not pay it within 30 days after notice of it is given to the commissioner, he may suspend the authority of the company to do business in the state.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:19 - Policies Written During Suspension.

407:19 Policies Written During Suspension. –
If the company or any of its agents shall issue a policy during such suspension, the company and agent shall each forfeit $200 for each policy so issued; but the policies shall be valid and binding, nevertheless.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:20 - Action by Assignee.

407:20 Action by Assignee. –
If a policy has been transferred or assigned by the insured to a person to hold absolutely or as collateral security, with the assent of the insurer, the assignee may bring an action thereon in his own name or in that of the assignor, and may recover the full amount due upon the policy for the benefit of whom it may concern.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:21 - Chapter Controlling.

407:21 Chapter Controlling. –
Every provision and stipulation in a contract to which this chapter is applicable in conflict with this chapter shall be void and no waiver of any part thereof shall be set up by the insurer.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:23 - Nuclear Perils.

407:23 Nuclear Perils. –
The Standard Fire Policy prescribed by this chapter is not intended to cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, whether or not directly or indirectly resulting from an insured peril under said policy. Insurers issuing the Standard Policy pursuant to this chapter are authorized to affix thereto or include therein a written statement that the policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, all whether directly or indirectly resulting from an insured peril under said policy. Provided, however, that nothing herein contained shall be construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming coverage for loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:23-a - Flood Damage; Notice to Policyholder.

407:23-a Flood Damage;  Notice to Policyholder. –
I. Every insurer issuing a homeowner, condominium unit owner, residential tenant, and residential fire insurance policy that does not cover damage caused by flood shall notify the policyholder that the policy does not cover damage caused by flood. The notice shall also inform the policyholder how to contact the National Flood Insurance Program (NFIP) or the NFIP's agents. The notice may be included with other materials sent to the policyholder, as a separate document or included on the declarations page of the policy. The notice shall be provided:
(a) At the time the policy is issued; and
(b) At the time the policy is renewed.
II. The following statement, or language substantially similar, when combined with current information about how to contact the NFIP or its agent, satisfies the notice requirements of this section:
"This policy does not cover damage to your property caused by flooding. The federal government offers flood insurance through the National Flood Insurance Program to residents of communities that participate in its program. You can learn more about the National Flood Insurance Program at www.floodsmart.gov or by calling (888)379-9531."
III. The failure to comply with this section shall not invalidate a flood exclusion, or any other exclusion, in an insurance policy subject to this section.
Source.
2014, 52:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:24 - Conflicting Acts.

407:24 Conflicting Acts. –
Any act or parts of acts which may be construed as providing for a form different from the one herein prescribed are hereby repealed.
Source.
1959, 163:2, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-B - Group Marketing of Motor Vehicle Insurance › Section 407-B:1 - Purpose.

407-B:1 Purpose. –
The purpose of this chapter is to permit the writing of motor vehicle insurance in this state on a group merchandising basis subject to the conditions stated herein, to avoid the application of any statute forbidding discrimination between insureds as to the type of business defined herein and to set forth the terms and conditions under which insurance on a group merchandising basis may be written.
Source.
1969, 288:1, eff. Aug. 25, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-B - Group Marketing of Motor Vehicle Insurance › Section 407-B:2 - Definitions.

407-B:2 Definitions. –
The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meanings:
I.
Group Motor Vehicle Insurance Defined. All motor vehicle insurance which is offered by a licensed insurer in this state on a group merchandising plan to an eligible group as herein defined shall be deemed group motor vehicle insurance.
II.
Group Merchandising Defined. The marketing of group motor vehicle insurance by a licensed insurer otherwise engaged in insuring independent individual risks, to an eligible group on a guaranteed basis under a single insurance program, without individual underwriting selection or individual proof of insurability, shall be deemed group merchandising. This method of marketing insurance is generally referred to as "mass merchandising," "franchise merchandising," or "collective merchandising"; but for purposes of this section shall hereinafter be only referred to as "group merchandising" or the "group plan" as herein defined.
III.
Eligible Group Defined. Any group to be eligible for group merchandising shall have been in existence for more than 5 years prior to the purchase of such insurance, and shall not have been organized solely for the purpose of purchasing insurance. Such group shall have a high degree of homogeneity and may include members of unincorporated and corporated associations, labor unions, employees of a common employer and similar principal agent relationships. No group will be eligible unless it consists of 500 or more members with at least 75 percent participation in the group plan. Where the group has national or other affiliates, only the members located in the state of New Hampshire shall be considered in determining the number and percentage of individuals necessary for establishing group eligibility.
IV.
Eligible Members Defined. Eligible members shall include all members in good standing in the group provided employees shall be engaged in at least 24 hours employment per week, except as otherwise provided in RSA 407-B:4. Officers and directors of an eligible group and individual proprietors and partners shall be eligible for a group plan and as such may be considered as employees.
Source.
1969, 288:1, eff. Aug. 25, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-B - Group Marketing of Motor Vehicle Insurance › Section 407-B:3 - General Conditions.

407-B:3 General Conditions. –
Group motor vehicle insurance may be issued in this state provided the following conditions are complied with:
I. Mandatory participation in the group plan shall not be required as a condition of employment, nor shall any member not participating in the plan be coerced or discriminated against.
II. The insurer and the group insured must accept all members or employees who are eligible and wish to participate in the plan.
III. Such a group plan shall include a provision that any member of the group shall have the right to convert his group policy to an individual standard policy of insurance in the same company as offered by the insurer to the non-group insureds upon termination of his connection with the group extending to him the same limits of coverage.
IV. To qualify to write the group insurance herein defined, an insurer must also be engaged in the business of writing the type of coverage offered for insureds other than group and may not be organized solely for the purpose of furnishing coverage to such groups.
V. Each member of the group must be issued the same form of policy as approved for issue in this state varying only as to the amounts of insurance and limits of liability.
VI. Insurance must be provided by individual policies to each member of the group under an agreement whereby the premiums on such policies shall be paid to the insurer periodically by the group with or without payroll deductions.
VII. An insurer may not cancel the insurance of an individual member of the group except for the non-payment of premium by such member or unless the insurance for the entire group is cancelled. In such cases notice of cancellation as provided in like non-group policies shall be given to each member.
VIII. The plan shall provide that only those motor vehicles owned by members of the group or their spouses or children, jointly or severally, shall be eligible for coverage.
IX. All individuals considered "Eligible Members" as defined herein shall be provided with this motor vehicle group insurance plan if they wish it, provided one family member holds a valid license to operate a motor vehicle.
Source.
1969, 288:1, eff. Aug. 25, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-B - Group Marketing of Motor Vehicle Insurance › Section 407-B:4 - Maintenance of Records.

407-B:4 Maintenance of Records. –
Every insurer writing insurance under this group merchandising plan shall keep and maintain separate experience data on this type of business including complete records of premium income, losses and expense so that the experience of each group may be fairly ascertained.
Source.
1969, 288:1, eff. Aug. 25, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-B - Group Marketing of Motor Vehicle Insurance › Section 407-B:5 - Rates.

407-B:5 Rates. –
Rates for this type of business shall be adequate but not excessive or unfairly discriminatory and shall be filed pursuant to the provisions of RSA 412 insofar as consistent with the provisions of this chapter.
Source.
1969, 288:1. 2003, 150:6, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-B - Group Marketing of Motor Vehicle Insurance › Section 407-B:6 - Experience Rating.

407-B:6 Experience Rating. –
No experience rating shall be applied to an individual group until after 3 years of operation and at that time shall be based on the experience of the preceding 3 calendar years. Thereafter, any experience rating shall be made annually using the last 3 calendar years. In case of merger of 2 or more companies, the 3-year minimum will apply to the oldest company in the newly-formed entity, not the new entity formed by the merger itself.
Source.
1969, 288:1, eff. Aug. 25, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-B - Group Marketing of Motor Vehicle Insurance › Section 407-B:7 - Other Group Plans.

407-B:7 Other Group Plans. –
The provisions of this chapter shall not apply to any group plans of group life insurance or group accident and sickness insurance but any existing plan of group motor vehicle insurance now in effect shall conform to the provisions of this chapter.
Source.
1969, 288:1, eff. Aug. 25, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-C - Motor Vehicle Road Service, Tourist Service and Repairs › Section 407-C:1 - License Required.

407-C:1 License Required. –
No individual, firm, association, or corporation shall perform, or offer to perform, in this state, for a stipulated fee covering a certain period, any form of road or other service relating to the repair, operation and care of automobiles or protection and assistance of automobile owners or drivers, other than by insurance, or to furnish or offer to furnish tourist service by selling or offering to sell to any proprietor of any so-called roadside house or camp furnishing or offering to furnish meals or lodging to the traveling public, any form of advertising to be published in so-called tourist guides or like publications, or any form of sign or other insignia indicating that said roadside house or camp has been approved by any individual, firm, association, or corporation, without being licensed therefor by the insurance commissioner.
Source.
1933, 113:1. 1939, 31:1. RL 335:1. RSA 269:1. 1981, 146:2, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-C - Motor Vehicle Road Service, Tourist Service and Repairs › Section 407-C:2 - Issuance and Renewal.

407-C:2 Issuance and Renewal. –
I. If the insurance commissioner is of the opinion that an applicant is reliable and entitled to confidence, such applicant shall be granted a license to perform such road or other service in this state until July 1 thereafter, and annually thereafter on July 1, such license may be renewed so long as the commissioner shall regard such licensee as reliable and entitled to confidence. Such application shall give such information as the commissioner may require, including, but not limited to, the most recent financial statement of the applicant prepared in accordance with generally accepted accounting principles and certified by a certified public accountant.
II. Individuals, firms, associations, or corporations established in this state shall file with the commissioner proof of minimum capital and surplus in an amount equal to or greater than $250,000, or shall file with the commissioner a surety bond or equivalent acceptable to the commissioner in the amount of $250,000.
Source.
1933, 113:2. RL 335:2. RSA 269:2. 1981, 146:2. 1985, 343:1. 2001, 224:4, eff. Sept. 9, 2001.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-C - Motor Vehicle Road Service, Tourist Service and Repairs › Section 407-C:3 - Agents.

407-C:3 Agents. –
No person, for himself or herself or in behalf of any individual, firm, association, or corporation, shall sell, or offer to sell, any such road or other service, without being licensed as a producer therefor by the insurance commissioner pursuant to the provisions of RSA 402-J. However, no producer license shall be required of a person employed by a licensed business entity pursuant to the provisions of RSA 402-J.
Source.
1933, 113:3. RL 335:3. RSA 269:3. 1981, 146:2. 2000, 315:18. 2002, 207:12, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-C - Motor Vehicle Road Service, Tourist Service and Repairs › Section 407-C:4 - Agents' Licenses.

407-C:4 Agents' Licenses. –
The insurance commissioner shall grant a producer license to sell such service in behalf of any individual firm, association, or corporation licensed therefor, to any applicant subject to the provisions of RSA 402-J.
Source.
1933, 113:4. RL 335:4. RSA 269:4. 1981, 146:2. 2002, 207:13, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-C - Motor Vehicle Road Service, Tourist Service and Repairs › Section 407-C:5 - Revocation of Licenses.

407-C:5 Revocation of Licenses. –
The insurance commissioner may revoke a license at any time for cause, after hearing.
Source.
1933, 133:5. RL 335:5. RSA 269:5. 1981, 146:2, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-C - Motor Vehicle Road Service, Tourist Service and Repairs › Section 407-C:6 - Fees for Licenses.

407-C:6 Fees for Licenses. –
The fees for each license issued under this chapter shall be in accordance with the provisions of RSA 400-A:29.
Source.
1933, 113:6. RL 335:6. RSA 269:6. 1969, 336:30. 1971, 244:16. 1981, 146:2, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-C - Motor Vehicle Road Service, Tourist Service and Repairs › Section 407-C:7 - Penalty.

407-C:7 Penalty. –
Any individual, firm, association, or corporation violating any provision of this chapter, shall:
I. Be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and
II. Be subject to suspension or revocation of his license and a fine not to exceed $2,500 for each violation.
Source.
1933, 113:7. RL 335:7. RSA 269:7. 1973, 528:153. 1981, 146:2. 1991, 136:3, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-D - After Market Parts › Section 407-D:1 - Definitions.

407-D:1 Definitions. –
In this chapter:
I. "Insurer" includes any person authorized to represent the insurer with respect to a claim who is acting within the scope of the person's authority.
II. "Non-original manufacturer" means any manufacturer other than the original manufacturer of the part.
III. "After market part" means sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
Source.
1988, 176:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-D - After Market Parts › Section 407-D:2 - Identification.

407-D:2 Identification. –
All after market parts manufactured after January 1, 1989, shall carry sufficient permanent identification so as to identify its manufacturer. Such identification shall be accessible to the extent possible after installation.
Source.
1988, 176:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-D - After Market Parts › Section 407-D:3 - Like Kind and Quality.

407-D:3 Like Kind and Quality. –
No insurer shall require the use of after market parts in the repair of an automobile unless the after market part is at least equal in like kind and quality to the original part in terms of fit, quality and performance. Insurers specifying the use of after market parts shall consider the cost of any modifications which may become necessary when making the repair.
Source.
1988, 176:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-D - After Market Parts › Section 407-D:3-a - Limitation on the Use of After Market Parts.

407-D:3-a Limitation on the Use of After Market Parts. –
I. No insurer of private passenger automobiles shall require or specify the use of after market parts on:
(a) Vehicles that have been placed in service within the immediately preceding 2 years and that have 30,000 or fewer miles recorded on the odometer; or
(b) Leased vehicles if the lease provides that such parts will cause a diminution of the residual value of such vehicle.
II. In this section, "specify" includes writing repair estimates on the basis of the cost of after market parts or otherwise declining to pay for the cost of original equipment manufacturer replacement parts.
Source.
2016, 186:2, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-D - After Market Parts › Section 407-D:4 - Disclosure.

407-D:4 Disclosure. –
I. The insurer shall disclose to the claimant in writing, either on the estimate or on a separate document attached to the estimate, the following information in no smaller print than 10 point type:
This estimate has been prepared based on the use of automobile parts not made by the original manufacturer. Parts used in the repair of your vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality, and performance to the original manufacturer parts they are replacing.
II. All after market parts installed on the vehicle shall be clearly identified on the estimate of such repair.
III. Any insurer who fails to provide the precise statement in paragraph I shall be prohibited from requesting or requiring the use of after market parts.
Source.
1988, 176:2. 2016, 186:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407-D - After Market Parts › Section 407-D:5 - Enforcement.

407-D:5 Enforcement. –
I. Any violation of this chapter by an insurer shall be deemed an unfair insurance trade practice under RSA 417. Insurers violating any provision of this chapter shall be subject to penalties under RSA 417:10.
II. Any violation of this chapter by a manufacturer shall be deemed an unfair or deceptive act or practice within the meaning of RSA 358-A:2 and may be enforced by the attorney general pursuant to RSA 358-A.
Source.
1988, 176:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:1 - Power of Commissioner.

408:1 Power of Commissioner. –
Notwithstanding any other provision of law, the commissioner shall have sole authority to regulate the issuance and sale of life insurance, annuities, and variable products thereof. The commissioner may adopt rules as necessary to implement the provisions of this chapter. The commissioner may promulgate rules relating to protecting against the exploitation of the elderly and in home solicitation for life insurance policies and annuity contracts.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:4 - Form Review.

408:4 Form Review. –
I. No policy, contract, certificate, document, or other form related to life insurance or annuities shall be issued or delivered to any person in this state until a copy thereof has been submitted to the commissioner for review to determine whether it is in compliance with Title XXXVII and rules adopted thereunder.
II. The commissioner may, within 30 days after the filing of any such form, disapprove such form:
(a) If it contains a provision or provisions which are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of such policy; or
(b) If it does not comply with the requirements of Title XXXVII or rules adopted thereunder.
III. If the commissioner disapproves a form, it shall be unlawful thereafter for the insurer to issue the form or use it in connection with any policy, contract, or certificate. The commissioner shall issue a notice of disapproval, specify the reasons for disapproval in the notice, and state that a hearing shall be granted in accordance with RSA 400-A:17 upon request in writing by the insurer.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:5 - Subsequent Withdrawal of Approval.

408:5 Subsequent Withdrawal of Approval. –
The commissioner may at any time, after a hearing noticed in accordance with RSA 400-A:18, withdraw approval of any such form that does not comply with the requirements of Title XXXVII or rules adopted thereunder. It shall be unlawful for the insurer to issue the form or use it in connection with any policy after the effective date of such withdrawal of approval.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:6 - Third Party Proceeds from Death Benefits.

408:6 Third Party Proceeds from Death Benefits. –
The lawful beneficiary of a life insurance policy or annuity contract death benefit shall be entitled to its proceeds and all other benefits against creditors and representatives of the insured person provided that, subject to the statute of limitations, the amount of any premiums for said insurance paid in fraud of creditors, with interest thereon, shall inure to the creditors' benefit from the proceeds of the policy.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:7 - Intent to Defraud.

408:7 Intent to Defraud. –
If it appears that the life insurance policy or annuity contract was procured with the intent and effect of defrauding creditors of the person procuring the same, the party receiving the money secured by the policy shall be liable to such creditors for the amount of all premiums paid for such insurance with interest thereon. The company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment, the company shall have written notice, by or on behalf of a creditor, of a claim to recover for certain premiums paid in fraud of creditors with the certification of the amount claimed.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:8 - Penalty.

408:8 Penalty. –
Any person who violates any provision of this chapter or any rule adopted thereunder shall be subject to penalties as provided under RSA 400-A:15, III.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:10 - Change in Beneficiary.

408:10 Change in Beneficiary. –
Any change in beneficiary in a life insurance policy or annuity contract shall comply with RSA 471-C:7, VII.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:11 - Interest Payment on Claims for Death Benefits.

408:11 Interest Payment on Claims for Death Benefits. –
I. Any policy or contract containing a death benefit shall contain a provision for the payment of interest on the death benefit, as follows:
(a) Interest shall accrue and be payable from the date of death.
(b) Interest shall accrue at the rate or rates applicable to the policy for funds left on deposit or, if the company has not established a rate for funds left on deposit, at the Two Year Treasury Constant Maturity Rate as published by the Federal Reserve. In determining the effective annual rate or rates, the company shall use the rate in effect on the date of death.
(c) Interest shall accrue at the effective annual rate determined in subparagraph (b), plus additional interest at a rate of 10 percent annually, beginning with the date that is 31 calendar days from the latest of dates identified in subparagraph (1) or (2), to the date the claim is paid, where it is:
(1) The date that due proof of death is received by the company; or
(2) The date the company receives sufficient information to determine its liability, the extent of the liability, and the beneficiary legally entitled to the proceeds.
II. The insurer has a duty to pay all claims in a timely manner. Nothing in this section shall be construed to allow any life insurance company doing business in this state to withhold payment of money payable under a life insurance policy or annuity contract death benefit to any beneficiary for a period longer than reasonably necessary to transmit such payment.
III. In any case in which interest on the proceeds of, or payments under, any individual or group policy of life insurance or annuity contract death benefit becomes payable pursuant to paragraph I, the insurer shall notify each named beneficiary at the last known address, as evidenced by the business records of the insurer, that interest will be paid on the proceeds of, or payments under, such policy from the date of death of the named insured, if the company does not pay the proceeds of, or payments under, the policy within 30 days of the insured's death. Such notice shall specify the rate of interest to be paid.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:12 - Electronic Mail.

408:12 Electronic Mail. –
Any notice or document required by this chapter to be mailed may be transmitted to the recipient electronically in lieu of mail in accordance with RSA 420-Q:2.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:13 - General Policy Requirements for Life Insurance.

408:13 General Policy Requirements for Life Insurance. –
Every life insurance policy subject to this chapter shall comply with the following:
I. Payment of premiums. There shall be a provision relating to the time and place of payment of premiums.
II. Grace period. There shall be a provision that the policyholder is entitled to a grace period for the premium due, except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder has given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such grace period. The commissioner may adopt rules to establish the length of the grace period.
III. Entire contract. There shall be a provision that the policy, together with a copy of the signed and completed application, shall constitute the entire contract between the parties.
IV. Incontestability. There shall be a provision that the policy shall be incontestable by the insurer after it has been in force for 2 years during the lifetime of the insured. However, any increase in the amount of the policy's death benefits subsequent to the policy issue date, which occurred upon a new application or request of the owner and was subject to satisfactory proof of the insured's insurability, shall be incontestable after the increase has been in force, during the lifetime of the insured, for 2 years from the date of issue of increase.
V. Misstatement. If there is a misstatement of age or gender in the policy, the amount of the death benefit shall be that which would be purchased by the most recent mortality charge at the correct age or gender. The commissioner may approve other methods which are deemed satisfactory.
VI. Suicide. If the policy includes a suicide exclusion, such exclusion shall not apply after the second anniversary of the effective date of the policy.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:16 - Assignment of Interest.

408:16 Assignment of Interest. –
Subject to the terms of the policies relating to assignment of incidents of ownership thereunder, a person whose life is insured under a group life insurance policy may assign any and all incidents of ownership granted him or her under such policy or by law, including but not limited to the right to designate a beneficiary, to exercise the conversion privilege, to have an individual policy issued to him or her, and to pay premiums. This provision shall be construed as declaring the law as it existed prior to its enactment and not as modifying it.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:17 - Continuation of Coverage During Labor Disputes.

408:17 Continuation of Coverage During Labor Disputes. –
Any employee whose compensation includes group life insurance, the premiums for which are paid in full or in part by an employer, including the state of New Hampshire, its political subdivisions, or municipal corporations, or paid by payroll deduction, may pay the premiums as they become due directly to the policyholder whenever the employee's compensation is suspended or terminated directly or indirectly, as the result of a strike, lockout, or other labor dispute, for a period not exceeding 6 months and at the rate and coverages as the policy provides.
I. During said 6-month period, the policy may not be altered or changed, except that nothing in this section shall be deemed to impair the right of the insurer to make normal decreases or increases of the premium rate upon expiration and renewal of the policy, in accordance with the provisions of the policy.
II. When the employee's compensation is so suspended or terminated, the employee shall be notified immediately by the policyholder in writing, by mail addressed to the last address on record with the policyholder, that the employee may pay the premiums to the policyholder as they become due as provided in this section.
III. The policyholder shall remit any premiums paid by the employees on a timely basis to the insurer.
IV. Nothing herein shall be deemed to require the continuation of any such group coverage to any individual employee beyond the time that he or she takes full-time employment with another employer, nor shall anything herein be deemed to require continuation of the group coverage more than 6 months after compensation is suspended or terminated as the result of a labor dispute, nor to require the insurer to continue coverage as to any employee for whose coverage premiums have not been remitted in accordance with the provisions of the policy.
V. After said 6-month period, if the group insurance coverage is no longer available, then the employee shall have the right to convert to an individual policy in accordance with the provisions of RSA 408:15, IV.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:18 - Prohibited Provisions.

408:18 Prohibited Provisions. –
No group life insurance policy or certificate shall contain any provision that reduces or denies any benefit otherwise payable because a pre-existing medical or health condition contributed to the death or disability of the insured. No group life insurance policy or certificate shall contain any provisions that exclude benefits for specified illnesses or medical conditions of the insured or which impose additional waiting periods for pre-existing conditions or specified illnesses or medical conditions of the insured. An insurer may require that an insured be actively at work in order to be eligible for any benefits of the policy or certificate.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:19 - General Contract Requirements for Annuities.

408:19 General Contract Requirements for Annuities. –
Every annuity contract subject to this chapter shall comply with the following:
I. Payment of premiums. There shall be a provision relating to the time and place of payment of premiums.
II. Grace period. There shall be a provision that the contract holder is entitled to a grace period for the premium due, except the first, during which grace period the death benefit coverage shall continue in force, unless the contract holder gives the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the contract. The contract may provide that the contract holder shall be liable to the insurer for the payment of a pro rata premium for the time the contract was in force during such grace period. The commissioner shall adopt rules to establish the length of the grace period.
III. Entire contract. There shall be a provision that the annuity contract, together with a copy of the signed and completed application, shall constitute the entire contract between the parties.
IV. Incontestability. A provision that the contract shall be incontestable by the insurer after it has been in force for 2 years during the lifetime of the insured. However, any increase in the amount of the contract's death benefits subsequent to the contract issue date, which occurred upon a new application or request of the owner and was subject to satisfactory proof of the insured's insurability, shall be incontestable after the increase has been in force, during the lifetime of the insured, for 2 years from the date of issue of increase.
V. Misstatement. If there is a misstatement of age or gender in the contract, the amount of the death benefit shall be that which would be purchased by the most recent mortality charge at the correct age or gender. The commissioner may approve other methods which are deemed satisfactory.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:20 - Group Annuities Defined.

408:20 Group Annuities Defined. –
No group annuity may be delivered or issued for delivery in this state to a group which does not meet the definition of group annuity as defined in rules. The commissioner may promulgate rules defining groups for annuities.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:21 - Definitions.

408:21 Definitions. –
I. "Separate account" shall mean a segregated investment account maintained by an insurance company.
II. "Variable products" shall mean any life insurance policy or annuity contract issued by an insurance company which provides that the dollar amount of benefits or other contractual payments thereunder may vary according to the investment experience of any separate account or accounts maintained by the insurance company in which amounts received in connection with such policies or contracts have been placed. Variable products shall not be deemed subject to RSA 421-B.
Source.
2022, 144:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 408 - Life Insurance › Section 408:22 - Authorization.

408:22 Authorization. –
A domestic life insurance company may establish one or more separate accounts, and may allocate thereto amounts, including, without limitation, proceeds applied under optional modes of settlement or under dividend options, to provide for life insurance or annuities and benefits incidental thereto, payable in fixed or variable amounts or both.
Source.
2022, 144:1, eff. Jan. 1, 2023.