reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:49 - Revocation of Licenses.

402:49 Revocation of Licenses. –
The commissioner may, after notice and hearing, revoke or suspend a license theretofore issued to any company, association or society, agent or broker for a period not exceeding 3 years, for any such knowing or wilful violation.
Source.
1913, 127:4. PL 273:43. RL 323:48.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:50 - General Penalty.

402:50 General Penalty. –
Whoever violates any provision of this subdivision shall be fined not more than $2,500 or shall have any license suspended or revoked or shall both be fined and have any license suspended or revoked.
Source.
1870, 1:13. GL 171:10. PS 168:18. PL 273:44. RL 323:49. RSA 402:50. 1973, 529:100. 1983, 473:7, eff. Sept. 3, 1983.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:51 - Embezzlement; Fraud.

402:51 Embezzlement;  Fraud. –
If any officer of an insurance company organized under the laws of this state shall embezzle, abstract or wilfully misapply any of the money, funds or other securities of the company, or shall represent as the property of the company any money, funds or other securities which belong to others, or shall make any false entry in any book, report or statement of the company with intent in either case to injure or defraud it, or to deceive any of its officers or the commissioner or any other person or persons appointed to examine its affairs, he shall be guilty of a class A felony.
Source.
1895, 106:1. PL 273:45. RL 323:50. RSA 402:51. 1973, 528:276, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:52 - Illegal Fees, etc.

402:52 Illegal Fees, etc. –
If any officer or employee of any such insurance company shall directly or indirectly receive any fee, present or benefit whatever from any borrower or applicant for a loan from such company as an inducement to making the loan, or from any one negotiating securities to the company (except the usual compensation for drawing mortgages and other papers pertaining to the loan), or for negotiating loans in his own behalf as an official of the company, shall be guilty of a class A felony.
Source.
1895, 106:2. PL 273:46. RL 323:51. RSA 402:52. 1973, 528:277, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:53 - Conversion by Agent.

402:53 Conversion by Agent. –
Any money, substitute for money or thing of value whatever, received by any agent, solicitor or broker, as premium or return premium, on or under any policy of insurance or application therefor, shall be received by him in his fiduciary capacity, and any agent, solicitor or broker who embezzles or fraudulently converts or appropriates to his own use, or, with intent to embezzle, takes, secretes or otherwise disposes of, or fraudulently withholds, appropriates, lends, invests or otherwise uses or applies any such premium or return premium received by him, contrary to the instructions or without the consent of the company, association or society, for or on account of which the same was received by him, shall be deemed guilty of embezzlement, and shall be punished accordingly, irrespective of whether or not he has, or claims to have, any commission or other interest in such receipts.
Source.
1913, 176:1. 1917, 4:1. PL 273:47. RL 323:52.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:54 - Revocation of Authority.

402:54 Revocation of Authority. –
Whenever the insurance commissioner of the state shall determine after a hearing, 10 days' notice of which shall be given stating the time, place and purpose of such hearing, that any insurer organized under the laws of this state, whether on the stock, mutual, reciprocal, fraternal or other plan, or that any of the representatives of such insurer wilfully shall have transacted or attempted to transact or solicited business in any manner or accepted risks in any jurisdiction in which such insurer is not licensed in accordance with the laws of such jurisdiction, and which jurisdiction has adopted an act similar hereto, it shall be his duty to revoke the certificate of authority of any such offending insurer; provided, however, that the foregoing provisions shall not apply to a domestic insurer when the major portion of such risks originated in a jurisdiction wherein such insurer was licensed to transact such class or classes of business and when such origin was by other means than by circularization or by advertising locally in any such jurisdiction wherein such insurer is not licensed.
Source.
1943, 105:1, par. 55, eff. April 7, 1943.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:55 - Definitions.

402:55 Definitions. –
The term "transacting business," as used in this subdivision, shall be defined to include in addition to its usual interpretation, advertising locally in any foreign jurisdiction in which an insurer is not licensed or circularizing in any such jurisdiction without regard for the source of such circularization whenever such advertising locally or such circularization is for the purpose of solicitation of insurance business. The word "jurisdiction" as used in this subdivision shall be defined to include any state of the United States, the District of Columbia or any province of the Dominion of Canada.
Source.
1943, 105:1, par. 56, eff. April 7, 1943.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:56 - Fees.

402:56 Fees. –
Every insurance company making application for an original license to transact insurance business in this state, shall pay to the commissioner a fee as established by RSA 400-A:29 for the examination, investigation and processing of the application. Such fee shall be retained by the commissioner even though the application may be withdrawn, denied or otherwise acted upon. Any reapplication for such a license shall be subject to the same fee. Every such company shall annually thereafter pay a fee as established by RSA 400-A:29 for the renewal of such license, payable on or before April 1 of each year. Such renewal fee shall include all charges in connection thereof except fee for agents' licenses and the renewal thereof. All fees collected by the commissioner shall be turned over to the state treasurer for deposit in the general fund as unrestricted revenue.
Source.
1870, 1:3, 4, 5, 7. GL 174:2, 3. 1889, 86:1, 2, 4. PS 169:13. 1907, 116:1. PL 275:58. 1933, 32:2. 1941, 78:1, 3. RL 325:63. 1945, 71:4, par. 57. RSA 402:56. 1963, 310:1. 1983, 473:8. 1997, 221:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:57-a, 402:57-b - Repealed by 1971, 244:19, VI, eff. Aug. 17, 1971.

402:57-a, 402:57-b Repealed by 1971, 244:19, VI, eff. Aug. 17, 1971. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:63 - Exemption.

402:63 Exemption. –
The provisions of RSA 402:24 and RSA 402:56 and 57 shall not apply to mutual insurance companies that operate on an assessment plan and require as a condition for granting insurance the signing of a premium deposit note by the insured, which note is given for the purpose of establishing a limit of liability to assessment, while their total receipts from policyholders is less than $10,000 per year.
Source.
1945, 71:4, par. 59, eff. March 22, 1945.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:66 - Relief Fund.

402:66 Relief Fund. –
Six thousand dollars of the amount received as the taxes imposed by RSA 400-A shall annually be set apart by the state treasurer, and kept distinct from all other funds, and shall be known as the firemen's relief fund.
Source.
1899, 64:2. 1915, 152:1. 1917, 195:1. PL 275:62. RL 325:67. 1945, 71:4, par. 62. RSA 402:66. 1971, 244:3. 1973, 232:1, eff. Aug. 18, 1973.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:67 - Expenditure.

402:67 Expenditure. –
Such fund, in the month of May after its receipt, shall be paid over, upon the order of the governor, to the treasurer of the New Hampshire State Firemen's Association, as trustee, and shall be devoted to, and paid out for, the relief of any fireman injured or disabled in the discharge of his duty as fireman, who is a member in good standing in any regularly organized town or city fire company in this state belonging to said association and who is himself a member of said association, and for the relief of the dependent parent, surviving spouse or children of such fireman whose death was occasioned by injuries received in the line of his duty as a fireman; said sum of $6,000 to be in full for any appropriation for any one year.
Source.
1899, 64:2. 1915, 195. PL 275:63. RL 325:68. 1945, 71:4, par. 63. RSA 402:67. 1992, 103:1, eff. June 28, 1992.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:68 - Additional Relief.

402:68 Additional Relief. –
In addition to said firemen's relief fund, in the event of the depletion of the treasury of the New Hampshire State Firemen's Association below the amount necessary to meet its obligations, the state treasurer shall, having received a certified statement of such condition from the treasurer of said association, upon the order of the governor, pay to the treasurer of said association as trustee a sum not to exceed $2,000 annually.
Source.
1899, 64:3. 1903, 128:1. PL 275:64. RL 325:69. 1945, 71:4, par. 64, eff. March 22, 1945.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:69 - Exemption.

402:69 Exemption. –
The money due a fireman, or in case of his death his parents, widow or children, by reason of any rule or bylaw of said association, shall be exempt from attachment or trustee process.
Source.
1899, 64:3. PL 275:65. RL 325:70. 1945, 71:4, par. 65, eff. March 22, 1945.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:70 - Regulations; Reports.

402:70 Regulations;  Reports. –
The New Hampshire State Firemen's Association shall make and observe just and equitable rules, bylaws and regulations for the proper apportionment and disbursement of such fund, subject to the approval of the governor and council. It shall, through its president and treasurer, make a full and detailed report of its disposal of such fund and file the same with the secretary of state in the month of May annually.
Source.
1899, 64:4. PL 275:66. RL 325:71. 1945, 71:4, par. 66, eff. March 22, 1945.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:71 - Definitions.

402:71 Definitions. –
The word "fireman" as used in the subdivision shall be construed to include any woman member of such fire company and of such association, and the word "widow" as used therein shall be construed to include the widower of any such woman member.
Source.
1945, 71:4, par. 67, eff. March 22, 1945.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:73 - Deposits in Trust.

402:73 Deposits in Trust. –
In all cases in which the laws of any other state of the United States require that the insurance companies incorporated by the laws of other states shall deposit with some officer of the state in which such insurance company is incorporated stocks or other securities in trust or for the benefit of policyholders of such companies, as a condition for doing business in such other states, the insurance commissioner shall receive from any insurance company incorporated under the laws of this state stocks or other securities, in such amount as may be required by the laws of such other state or states, on deposit in trust for the benefit of the policyholders of such company.
Source.
1911, 131:1. 1917, 21:1. PL 273:49. RL 323:54.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:77 - Retention of Unpaid Premium.

402:77 Retention of Unpaid Premium. –
Any insurance company, broker or agent may retain an amount equal to any unpaid premium due on the policy under which a claim is being presented, in connection with claims by and settled with an insured; provided, however, that the unpaid premium remains unpaid 60 days after the effective date of such policy or the date of the original billing for the unpaid premium, whichever occurs later. Such unpaid premium shall not be retained as against any loss payee or mortgagee named in said policy up to the amount of the unpaid balance owed to such loss payee or mortgagee on the date the loss occurred which gave rise to said claim. This section shall not be applicable to a health insurance policy.
Source.
1981, 217:1, eff. Aug. 10, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:78 - Request for Information.

402:78 Request for Information. –
I. Any law enforcement investigator may request an insurance company to release any information in its possession relative to the disappearance, theft or loss of any motor vehicle, or other personal property. The insurance company shall release the information and cooperate with any official authorized to request such information pursuant to this section. The information may include but not be limited to:
(a) Any relevant insurance policy;
(b) Policy premium payments records;
(c) History of previous claims made by the insured for the theft, loss or disappearance of any motor vehicle or other personal property;
(d) Any other material relating to the investigation of the theft, loss or disappearance.
II. If an insurance company has reason to suspect that a theft, loss or disappearance of a motor vehicle or other personal property in the amount of $500 or more was caused by other than accidental means, the company shall notify the local or state law enforcement authorities and furnish them, either through a recognized bureau or organization of companies or through the secretary or other officer of the insurance company, with all relevant material acquired during its investigation of the theft, loss or disappearance of a motor vehicle or other personal property. The insurance company shall cooperate with and take such reasonable action as may be requested of it by any law enforcement agency, and permit any person so ordered by a court to inspect any of its records pertaining to the policy and the loss.
III. 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.
IV. The recipient of any information furnished pursuant to this section shall hold the information in confidence, and shall only release it to a law enforcement authority or agency or to the insurance department, until such time as its release is required pursuant to a criminal or civil proceeding.
V. An insurer or other person licensed by the insurance department who fails to comply with this section may be subject to administrative action to be taken by the insurance commissioner. The penalty imposed by the commissioner may include a fine not exceeding $2,500 in the discretion of the insurance commissioner, or suspension or revocation of such insurer's license, or both.
Source.
1981, 502:4, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:79 - Custody; Reimbursement for Medical Expenses.

402:79 Custody;  Reimbursement for Medical Expenses. –
Whenever the state or any of its subdivisions, or any agency of the state or of any of its subdivisions, is required to pay under the provisions of RSA 623:1, I for the medical care of any person in its custody pursuant to a valid arrest or detention, such governmental unit shall be entitled to obtain reimbursement for such payments from any insurer to the extent that such insurer would be liable to pay for such medical care pursuant to any health, medical, group health or medical, liability, or other insurance policy.
Source.
1987, 250:1, eff. July 17, 1987.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:80 - Cancellation or Termination of Policies.

402:80 Cancellation or Termination of Policies. –
No cancellation or termination of an insurance policy of any type for nonpayment of a premium shall be effective if:
I. Payment of the premium is actually received by the insurance company or by the insurance company's agent, before the date and time of the cancellation or termination of the policy as stated in the notice of cancellation or termination; or
II. Payment of the premium is sent to the insurance company, or the insurance company's agent, by certified mail before the date and time of cancellation or termination of the policy as stated in the notice of cancellation or termination.
Source.
1988, 115:1. 2012, 100:1, eff. July 28, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:82 - Claim Forms and Applications.

402:82 Claim Forms and Applications. –
I. All insurance claim forms shall contain the following statement : "Any person who, with a purpose to injure, defraud, or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20."
II. No insurance company or producer shall accept an application for workers' compensation or life, accident and health insurance unless the application includes:
(a) A written or electronic signature of the producer, unless the transaction does not involve a producer; and
(b) A written or electronic signature of the applicant. In the case of group life, accident, or health insurance, the certificate holder insured under the group health policy is not the applicant.
III. Paragraph II shall not apply to a request for a binder providing temporary coverage, provided the binder is effective for a period of no more than 30 days. The insurer shall comply with the provisions of paragraph II before the issuance of the insurance policy.
IV. The lack of the information required by paragraphs I and II shall not constitute a defense against prosecution under RSA 638:20 or any other criminal statute.
V. "Electronic signature" shall have the same definition as under RSA 294-E:2.
VI. "Written signature" means an original signature or a duplicate copy made by photocopying, facsimile, or other means similar and does not include stamped signatures.
Source.
1991, 248:2. 2008, 378:3. 2010, 212:4. 2011, 189:1. 2014, 196:1, eff. July 11, 2014. 2022, 42:4, eff. July 2, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:83 - Applicability of Federal Law.

402:83 Applicability of Federal Law. –
No provisions of this title relating to investments shall be preempted by the provisions of the federal Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. § 77r-1). The provisions of this title specifically pertaining to, or otherwise affecting, investments of the type specified in the federal Secondary Mortgage Market Enhancement Act of 1984 shall remain in full force and effect notwithstanding the provisions of the Secondary Mortgage Market Enhancement Act of 1984.
Source.
1991, 372:7, eff. July 2, 1991.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402 - Insurance Companies and Agents › Section 402:84 - Discontinuance of Lines of Business; Notice Required.

402:84 Discontinuance of Lines of Business;  Notice Required. –
Any licensed insurance company authorized to transact fire or casualty business in this state shall provide 120 days' notice to its appointed agents of record in New Hampshire of the insurance company's decision to cease writing an entire line of business. Any nonrenewal notices to affected policyholders shall be issued in accordance with applicable law, provided that the effective date of any such nonrenewals shall be at least 120 days after notice to the agents of record under this section.
Source.
2018, 31:1, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:1 - Filing Reports.

402-A:1 Filing Reports. –
Every person who, on December 31, 1965, is directly or indirectly the beneficial owner of more than 10 percent of any class of equity security of a domestic stock insurance company, or who is a director or an officer of such company, and every person who becomes such a beneficial owner, director, or officer after that date shall file in the office of the commissioner on or before January 10, 1966, or within 10 days after he becomes such beneficial owner, director, or officer, whichever date is later, a statement in such form as the commissioner may prescribe, of the amount of all equity securities of such company of which he is the beneficial owner. Within 10 days after the close of each calendar month thereafter, if there has been a change in such ownership during such month, he shall file in the office of the commissioner a statement, in such form as the commissioner may prescribe, indicating his ownership at the close of the calendar month and such changes in his ownership as have occurred during such calendar month.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:2 - Suit to Recover Profits.

402-A:2 Suit to Recover Profits. –
For the purpose of preventing the unfair use of information which may have been obtained by such beneficial owner, director, or officer by reason of his relationship to such company, any profit realized by him from any purchase and sale, or any sale and purchase, of any equity security of such company within any period of less than 6 months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the company, irrespective of any intention on the part of such beneficial owner, director, or officer in entering into such transaction of holding the security purchased or of not repurchasing the security sold for a period exceeding 6 months. Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the company, or by the owner of any security of the company in the name and in behalf of the company if the company shall fail or refuse to bring such suit within 60 days after request or shall fail diligently to prosecute the same thereafter. No such suit shall be brought more than 2 years after the date such profit was realized. This section shall not be construed to cover any transaction where such beneficial owner was not such both at the time of the purchase and sale, or the sale and purchase, of the security involved, or any transaction or transactions which the commissioner by rules and regulations may exempt as not comprehended within the purpose of this section.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:3 - Prohibited Sales.

402-A:3 Prohibited Sales. –
It is unlawful for any such beneficial owner, director, or officer, directly or indirectly, to sell any equity security of such company if the person selling the security or his principal (a) does not own the security sold, or (b) if owning the security, does not deliver it against such sale within 20 days after the sale, or does not within 5 days after such sale deposit it in the mails or other usual channels of transportation. No person shall be deemed to have violated this section if he proves that notwithstanding the exercise of good faith he was unable to make such delivery or deposit within such time, or that to do so would cause undue inconvenience or expense.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:4 - Sales by Dealers.

402-A:4 Sales by Dealers. –
The provisions of RSA 402-A:2 do not apply to any purchase and sale, or sale and purchase, and the provisions of RSA 402-A:3 do not apply to any sale, of an equity security of a domestic stock insurance company not then or theretofore held by him in an investment account, by a dealer in the ordinary course of his business and incident to the establishment or maintenance by him of a primary or secondary market (otherwise than on an exchange as defined in the Securities Exchange Act of 1934) for such security. The commissioner may, by such rules and regulations as he thinks necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:5 - Arbitrage Transactions.

402-A:5 Arbitrage Transactions. –
The provisions of RSA 402-A:1, 2 and 3 do not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as the commissioner may adopt in order to carry out the purposes of this chapter.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:6 - Equity Security.

402-A:6 Equity Security. –
The term "equity security" when used in this chapter means any stock or similar security; or any security convertible, with or without consideration, into such a security or carrying any warrant or right to subscribe to or purchase such a security; or any such warrant or right; or any other security which the commissioner considers to be of similar nature and considers necessary or appropriate, by such rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity security.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:7 - Exemptions.

402-A:7 Exemptions. –
The provisions of RSA 402-A:1, 2 and 3 do not apply to equity securities of a domestic stock insurance company if (a) such securities shall be registered, or shall be required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934, as amended, or if (b) such domestic stock insurance company does not have any class of its equity securities held of record by 100 or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to the provisions of RSA 402-A:1, 2 and 3 except for the provisions of this subsection (b).
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:8 - Regulations on Insider Trading.

402-A:8 Regulations on Insider Trading. –
The commissioner has the power to make such reasonable rules and regulations as may be necessary for the execution of the functions vested in him by RSA 402-A:1-7, and may for such purpose classify domestic stock insurance companies, securities, and other persons or matters within his jurisdiction. No provision of RSA 402-A:1, 2 and 3 imposing any liability applies to any act done or omitted in good faith in conformity with any rule or regulation of the commissioner, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-A - Insider Trading of Securities › Section 402-A:9 - Regulations on Solicitation of Proxies.

402-A:9 Regulations on Solicitation of Proxies. –
The insurance commissioner has the power to make reasonable rules and regulations concerning the solicitation by mail, or otherwise, of any proxy, consent, or authorization in respect of any stock of any domestic stock insurance company.
Source.
1965, 131:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:1 - Prohibition.

402-B:1 Prohibition. –
It is unlawful for any person, whether as agent or employee, to act directly or indirectly, as an insurance claims adjuster in this state for any insurance company unless licensed as provided in this chapter.
Source.
1969, 218:1, eff. Aug. 5, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:3 - Applications.

402-B:3 Applications. –
Applications for licenses as an insurance claims adjuster shall be made in writing to the commissioner of insurance on forms prescribed by him or her stating the age, domicile, line or lines of insurance for which the applicant desires a license, and the place of business of the individual applicant. The commissioner shall require the applicant to set forth personal and professional background information in the application as the commissioner may reasonably require to determine suitability for issuance of a license.
Source.
1969, 218:1. 2008, 18:9, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:4 - Examination.

402-B:4 Examination. –
Except as hereinafter provided, the commissioner of insurance shall not issue an original claims adjuster's license to any applicant therefor unless and until said applicant shall have satisfactorily passed a reasonable written examination, which shall be administered by the commissioner, shall be in such form as said commissioner shall prescribe and shall be of sufficient scope to test the applicant's knowledge of insurance, the duties and responsibilities of a licensee, and the laws of the state applicable to insurance. The commissioner is authorized to publish and distribute printed material indicating the scope of the examination and suggested sources of study. The commissioner shall collect a fee as established by RSA 400-A:29.
Source.
1969, 218:1. 1983, 473:9, eff. Sept. 3, 1983. 2019, 112:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:5 - Exceptions.

402-B:5 Exceptions. –
The commissioner shall waive the requirement of such examination in the following cases:
I. Nonresident applicants who are licensed as insurance claims adjusters in the states in which they reside, or if no license is required in said states, then nonresident applicants who have engaged in the business of claims adjusting for a period of 6 months;
II. Attorneys-at-law.
III. [Repealed.]
Source.
1969, 218:1, eff. Aug. 5, 1969. 2019, 112:2, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:5-a - Continuing Education.

402-B:5-a Continuing Education. –
Every 2 years, at least 60 days prior to the renewal date of their license, persons holding an adjusters license shall be certified by the insurance department as having completed 24 hours of continuing education instruction. Of the 24 continuing education hours required, at least 3 hours shall consist of courses approved for adjuster ethics credit. Licensees with workers' compensation authority shall comply with the approved 10 credit hours of workers' compensation and 10 credit hours of multi-line requirement pursuant to RSA 281-A:63. Those licensees without workers' compensation authority may satisfy their 24 credit hour requirement exclusively with multi-line approved credits or any combination of approved workers' compensation or multi-line courses. Such continuing education instruction shall be approved by the insurance department. If a nonresident licensee has complied with the continuing education requirements of his or her state of residence or designated home state, he or she will not be required to comply with the requirements of this state.
Source.
1993, 317:1. 1997, 324:4. 2001, 224:2. 2010, 212:5, eff. Jan. 1, 2011. 2019, 112:3, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:7 - License to Issue.

402-B:7 License to Issue. –
I. Upon satisfaction that such applicant is in all respects properly qualified and of good character, and that the granting of such license is not against the public interest, the commissioner shall, upon the payment of the required fee, issue said applicant an insurance claims adjuster's license.
II. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within 30 days of the change. Change of address shall be accompanied by the fee required pursuant to RSA 400-A:29.
III. A nonresident insurance adjuster license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and the nonresident's insurance adjuster license remains in good standing in his or her home state. Termination of the insurance adjuster's resident license shall be deemed termination of the New Hampshire nonresident insurance adjuster license unless the adjuster timely files a change of address pursuant to this chapter.
IV. An adjuster shall report to the commissioner any administrative action taken against the adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
V. Within 30 days of the initial pretrial hearing date, an adjuster shall report to the commissioner any criminal prosecution of the adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
Source.
1969, 218:1, eff. Aug. 5, 1969. 2019, 112:4, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:8 - Fees.

402-B:8 Fees. –
The commissioner of insurance shall collect the following fees for use by the commissioner in administrating this title:
I. For each original insurance claims adjuster's license, as prescribed by RSA 400-A:29.
II. For each renewal, as prescribed by RSA 400-A:29.
III. An individual insurance adjuster who allows his or her license to lapse may, within 24 months from the due date of the renewal fee, reinstate the same license without the necessity of passing a written examination. However, a penalty in the amount of double the unpaid renewal fee shall be required for any renewal fee received after the due date, pursuant to RSA 400-A:29.
Source.
1969, 218:1. 1970, 37:5. 1971, 244:18. 2001, 224:11, eff. Sept. 9, 2001. 2019, 112:5, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:9 - Form of License, Display.

402-B:9 Form of License, Display. –
The insurance claims adjuster's license shall be in such form and contain such identifying information concerning the licensee as the commissioner of insurance shall prescribe. The licensee shall exhibit said license to each person, whether an insured, a claimant, a witness, a potential witness or any other informant with whom he may deal in the course of investigating or adjusting any claim or potential claim prior to any such dealings and shall identify the name of the company for which he works and the name of the insured.
Source.
1969, 218:1, eff. Aug. 5, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:10 - Repealed by 1971, 244:19, VII, eff. Aug. 17, 1971.

402-B:10 Repealed by 1971, 244:19, VII, eff. Aug. 17, 1971. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:10-a - Expiration.

402-B:10-a Expiration. –
An insurance adjuster license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and educational requirements for resident individual adjusters are met by the due date.
Source.
1977, 232:3, eff. Aug. 14, 1977. 2019, 112:6, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:11 - Expedited License.

402-B:11 Expedited License. –
In the event of an emergency or disaster, the commissioner of insurance may, in his or her discretion, issue licenses to persons the commissioner determines are qualified. The fee for the expedited license shall be the same as that provided in RSA 402-B:8.
Source.
1969, 218:1, eff. Aug. 5, 1969. 2019, 112:7, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:12 - License Denial, Nonrenewal, or Revocation.

402-B:12 License Denial, Nonrenewal, or Revocation. –
The commissioner may for good cause shown, after notice and hearing, deny, suspend, or revoke the insurance claims adjuster's license of any holder or subject him or her to an administrative fine not to exceed $2,500 per violation or any combination of actions. Such hearing may be held by the commissioner or any person designated by him or her. Any person aggrieved by said action of the commissioner or refused a license or renewal of the same by him may appeal in accordance with the provisions of RSA 541. Good cause includes, but is not limited to, the following:
I. Providing incorrect, misleading, incomplete, or materially untrue information in the license application.
II. Violating any insurance laws, or violating any rule, regulation, subpoena, or order of the commissioner or of another state's insurance commissioner.
III. Obtaining or attempting to obtain a license through misrepresentation or fraud.
IV. Improperly withholding, misappropriating, or converting any moneys or properties in the course of doing business.
V. Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
VI. Having been convicted of a felony.
VII. Having admitted to or been found to have committed any insurance unfair trade practice or fraud.
VIII. Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere.
IX. Having an insurance license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.
X. Forging another's name to an application for insurance or to any document related to an insurance transaction.
XI. Improperly using notes or any other reference material to complete an examination for an insurance license.
XII. Failing to comply with an administrative or court order imposing child support obligation.
Source.
1969, 218:1. 1975, 312:1, eff. Aug. 6, 1975. 2022, 223:1, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-B - Insurance Claims Adjusters › Section 402-B:13 - Penalty.

402-B:13 Penalty. –
Any person who shall act within this state as an insurance claims adjuster without being licensed as herein provided, or any licensee who in the course of his work as an insurance claims adjuster shall misrepresent his identity or the identity of his principal or employer, or who shall wrongfully divulge information coming to him in his capacity as an insurance claims adjuster, 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.
1969, 218:1. 1973, 529:101. 1975, 312:2. 1991, 136:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:1 - Title, Construction and Purpose.

402-C:1 Title, Construction and Purpose. –
I.
Short Title. This chapter may be cited as the "Insurers Rehabilitation and Liquidation Act."
II.
Construction: No Limitation of Powers. This chapter shall not be interpreted to limit the powers granted the commissioner by other provisions of the law.
III.
Liberal Construction. This chapter shall be liberally construed to effect the purpose stated in paragraph IV.
IV.
Purpose. The purpose of this chapter is the protection of the interests of insureds, creditors, and the public generally, with minimum interference with the normal prerogatives of proprietors, through:
(a) Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures, neither unduly harsh nor subject to the kind of publicity that would needlessly damage or destroy the insurer;
(b) Improved methods for rehabilitating insurers, by enlisting the advice and management expertise of the insurance industry;
(c) Enhanced efficiency and economy of liquidation, through clarification and specification of the law, to minimize legal uncertainty and litigation;
(d) Equitable apportionment of any unavoidable loss;
(e) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extension of the scope of personal jurisdiction over debtors of the insurer outside this state; and
(f) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:2 - Persons Covered.

402-C:2 Persons Covered. –
The proceedings authorized by this chapter may be applied to:
I. All insurers who are doing, or have done, an insurance business in this state, and against whom claims arising from that business may exist now or in the future;
II. All insurers who purport to do an insurance business in this state;
III. All insurers who have insureds resident in this state;
IV. All other persons organized or in the process of organizing with the intent to do an insurance business in this state; and
V. All nonprofit health service corporations as defined in RSA 420-A and all fraternal benefit and mutual benefit societies as defined in RSA 418.
Source.
1969, 272:1. 1997, 190:4, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:5 - Injunctions and Orders.

402-C:5 Injunctions and Orders. –
I.
Injunctions in This State. Any receiver appointed in a proceeding under this chapter may at any time apply for and any court of general jurisdiction in this state may grant, such restraining orders, temporary and permanent injunctions, and other orders as are deemed necessary and proper to prevent:
(a) The transaction of further business;
(b) The transfer of property;
(c) Interference with the receiver or with the proceedings;
(d) Waste of the insurer's assets;
(e) Dissipation and transfer of bank accounts;
(f) The institution or further prosecution of any actions or proceedings;
(g) The obtaining of preferences, judgments, attachments, garnishments or liens against the insurer or its assets;
(h) The levying of execution against the insurer or its assets;
(i) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;
(j) The withholding from the receiver of books, accounts, documents or other records relating to the business of the insurer; or
(k) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors or shareholders, or the administration of the proceeding.
II.
Injunctions Elsewhere. The receiver may apply to any court outside of this state for the relief described in paragraph I.
[Paragraph III effective January 1, 2024.]
III. Exception. Notwithstanding paragraphs I and II, RSA 402-C:18, I, or any other provision of this chapter, no person shall be restrained, stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action under any pledge, security, credit, collateral, loan, advances, reimbursement, or guarantee agreement or arrangement or any similar agreement, arrangement, or other credit enhancement to which a Federal Home Loan Bank is a party. A "Federal Home Loan Bank" is a government-sponsored enterprise, created by the United States Congress pursuant to the Federal Home Loan Bank Act of 1932, 12 U.S.C. section 1421 et seq. as amended, that is charged with a public mission of providing products and services that assist its members in financing housing and community lending, 12 C.F.R. section 1265.2, as amended.
Source.
1969, 272:1, eff. June 23, 1969. 2023, 156:1, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:6 - Costs and Expenses of Litigation.

402-C:6 Costs and Expenses of Litigation. –
In any proceeding under this chapter, the court may award such costs and other expenses of litigation as justice requires, without regard to the limitations otherwise prescribed by law. If costs and expenses are taxed against the commissioner, they shall be paid pursuant to RSA 402-C:44, I.
Source.
1969, 272:1. 1997, 221:2, eff. July 1, 1997.