reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 411-A - Regulation of Investments of Life Insurance Companies › Section 411-A:36 - Investments of Foreign and Alien Life Insurance Companies.

411-A:36 Investments of Foreign and Alien Life Insurance Companies. –
The investment portfolio of foreign or alien life insurance companies shall be as permitted by the laws of their domicile if of a quality substantially equal to that required under this chapter for similar funds of like domestic insurers.
Source.
1978, 11:1, eff. July 1, 1978.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 411-A - Regulation of Investments of Life Insurance Companies › Section 411-A:36-a - Valuation of Securities.

411-A:36-a Valuation of Securities. –
Securities held in accordance with the provisions of this chapter shall be valued in accordance with the published valuation standards of the Securities Valuation Office of the National Association of Insurance Commissioners.
Source.
1992, 288:21, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 411-A - Regulation of Investments of Life Insurance Companies › Section 411-A:37 - Rules and Regulations.

411-A:37 Rules and Regulations. –
The commissioner may issue such rules, regulations and orders as may be necessary to carry out the purpose and provisions of this chapter.
Source.
1978, 11:1, eff. July 1, 1978.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:1 - Purpose.

412:1 Purpose. –
The purpose of this chapter is:
I. To protect policyholders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates.
II. To promote price competition among insurers so as to provide rates that are responsive to competitive market conditions.
III. To cause the provision of price and other information to enable consumers to purchase insurance suitable for their needs and to foster competitive insurance markets.
IV. To improve availability, fairness, and reliability of insurance.
V. To provide regulatory procedures for the maintenance of appropriate data reporting systems as necessary to allow the commissioner to monitor degree of competition in the marketplace.
VI. To authorize essential cooperative action among insurers in the ratemaking process and to regulate such activity to prevent practices that tend to substantially lessen competition or create a monopoly.
VII. To encourage the most efficient and economical marketing practices.
VIII. To prohibit price fixing agreements and other anti-competitive behavior by insurers.
IX. To ensure that policy forms, endorsements, applications, or other contract language comply with provisions of the insurance laws and do not contain provisions which are inequitable, misleading, deceptive, or encourage misrepresentation.
X. To protect policyholders and the public against the adverse effects of any policy provision that is not in the public interest or is contrary to public policy.
Source.
2003, 150:1. 2008, 212:3, eff. June 16, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:2 - Scope of Chapter.

412:2 Scope of Chapter. –
I. This chapter applies to all classes of property and casualty insurance that are now or may hereafter be written in any combination on risks or operations located in this state under the provisions of RSA 401:1, I, II, V, VI, VII, and VIII and any miscellaneous insurance under RSA 401:1-a that is designated by the commissioner to be regulated under this chapter.
II. This chapter shall not apply to:
(a) Reinsurance, other than statutorily authorized joint reinsurance mechanisms.
(b) Accident and health insurance.
(c) Life insurance and annuities.
(d) Insurance on vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under ocean marine, as determined by the commissioner.
(e) Title insurance, except as otherwise provided in RSA 416-A:17 and RSA 416-A:17-a.
(f) Insurance on hulls of aircraft, including their accessories and equipment, and liability resulting from the ownership, use or maintenance of aircraft.
Source.
2003, 150:1. 2004, 156:1, eff. July 23, 2004. 2017, 55:1, eff. Aug. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:4 - Consumer Information.

412:4 Consumer Information. –
I. The commissioner may utilize, develop, or cause to be developed consumer information which shall be provided on a readily available basis to purchasers of homeowners, private passenger nonfleet automobile, or property insurance for personal, family, or household needs.
II. The commissioner may utilize, develop, or cause to be developed consumer information which shall be provided on a readily available basis to purchasers of insurance for commercial risks and personal risks not otherwise specified herein.
III. Such consumer information may be developed internally within the insurance department, in cooperation with other state insurance departments, through outside contractors or in any other appropriate manner. Insurers, advisory organizations, statistical agents, and other persons or organizations involved in conducting the business of insurance in this state, to which this section applies, shall reasonably cooperate upon request in the development and utilization of consumer information.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:6 - Prepayment of Judgment Prohibited.

412:6 Prepayment of Judgment Prohibited. –
No insurer shall issue or deliver any policy of insurance in New Hampshire covering liability claims for bodily injury, property damage, or wrongful acts , which shall contain any provision making the pre-payment of any judgment by the insured a condition precedent to recovering under the policy or maintaining any right of action against the insurer upon the policy. Every such policy shall contain an agreement in clear and explicit terms binding the insurer, to the extent of the liability assumed by the policy, to pay and satisfy any such judgment, and to protect the insured against the levy of any execution issued upon the same.
Source.
2003, 150:1, eff. Jan. 1, 2004. 2023, 154:2, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:6-a - Changes in Coverage.

412:6-a Changes in Coverage. –
I. In the event that a company or filing or advisory organization eliminates or reduces coverages, conditions, or definitions in its policies issued under this section other than at the request of a policyholder, the company shall attach to the policy at renewal a printed notice in each such policy explaining clearly what coverages, conditions, or definitions have been eliminated or reduced. If explanations of such reduced or eliminated coverages are not contained in the printed notice attached to its policies at renewal, then such coverages, conditions, or definitions shall remain in full force and effect without such reductions or eliminations.
II. Except as provided in paragraph III, no insurance policy renewal shall add any stand-alone, premium bearing coverage unless such coverage is added at the request of the policyholder or is due to a requirement imposed by law.
III. If the policyholder has not requested that new premium bearing coverage be added to a policy upon renewal, but such coverage is added because the company is replacing coverage or a policy that the company no longer offers, the company shall provide a printed notice explaining clearly what coverage has been added and how to obtain information concerning premium impact.
IV. The requirements of this section shall apply to such policies renewed or endorsed with the same company, or a group of companies affiliated by ownership or contractual relationship encompassing joint operations or processes as filed and approved by the commissioner.
Source.
2004, 156:2. 2006, 196:6. 2009, 215:7, eff. Sept. 13, 2009. 2018, 132:3, eff. July 29, 2018.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:7 - Policies; Forms.

412:7 Policies;  Forms. –
For policies of insurance issued to large commercial policyholders defined in RSA 412:3, XI, the filing requirements for forms or policy contracts shall not apply, except that:
I. All policies issued pursuant to the provisions of this chapter shall contain a conspicuous disclaimer printed in at least 10-point, bold-faced type that states that the policy applied for, including the rates, rating plans, resulting premiums, and the policy forms, are not subject to the rate and form requirements of this state and other provisions of the insurance law that apply to other commercial products and may contain significant differences from a policy that is subject to all provisions of the insurance law. Such notice shall set forth possible differences in policy conditions, forms, and endorsements, as compared to a policy that is subject to all of the provisions of the insurance law. The commissioner may prescribe the format and provisions of such notice. The disclosure notice shall also include a policyholder's acknowledgment statement, to be signed and dated prior to the effective date of the coverage, and shall remain on file with the insurer.
II. In procuring insurance, a large commercial policyholder shall certify that it meets the eligibility requirements set out in RSA 412:3, XI and specify the requirements that the policyholder has met. This certification is to be completed annually and remain on file with the insurer.
III. A surplus lines broker seeking to obtain or provide insurance for a large commercial policyholder is not authorized to purchase insurance from any eligible unauthorized insurer without making a diligent search of authorized insurers as required by RSA 405:24.
Source.
2003, 150:1. 2004, 156:3, eff. July 23, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:8 - Requirements of Coverage.

412:8 Requirements of Coverage. –
I. No insurer shall issue any motor vehicle liability policy, with respect to any motor vehicle registered or principally garaged in this state, that does not provide at least the minimum coverage set forth in RSA 264.
II. No liability policy issued with respect to any motor vehicle registered or principally garaged in this state that insures against personal risk shall contain any exclusion which would preclude coverage for intra-family or inter-spousal claims.
III. When an automobile insurance policy contains coverage for physical damage by reason of collision, any deductible amount of such coverage shall not apply if the damage is caused by an uninsured motor vehicle, including a motor vehicle which is uninsured within the definition of RSA 259:117, and the operator of the uninsured vehicle has been positively identified and is solely at fault.
Source.
2003, 150:1. 2009, 215:5. 2014, 31:8, eff. July 26, 2014. 2017, 55:4, eff. Aug. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:9 - Prohibition on Nonresident Automobile Insurance.

412:9 Prohibition on Nonresident Automobile Insurance. –
Policies of automobile insurance, as defined in RSA 417-A, shall only be issued and renewed to residents of the state of New Hampshire, except that such policies shall also be permitted to be sold to any person if the vehicle insured is exclusively garaged in New Hampshire. Notwithstanding any other provision of law to the contrary, no individual shall be provided coverage under a policy of automobile insurance, as defined in RSA 417-A, if such applicant or applicants have been determined by the insurer to have intentionally misrepresented their residency status or exclusive garaging status at the time of initial application or renewal. Payment shall be made by the insurer with respect to accidents for all valid bodily injury and property damage liability claims and all valid uninsured motorist claims by individuals other than the applicant or applicants who made the intentional misrepresentation. However, the insurer shall be legally entitled to reimbursement by the policyholder for all such paid claims.
Source.
2003, 150:1, eff. Jan. 1, 2004. 2021, 147:1, eff. Sept. 21, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:10 - Repealed by 2004, 156:8, II, eff. July 23, 2004.

412:10 Repealed by 2004, 156:8, II, eff. July 23, 2004. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:11 - Cancellation Because of Age; Prohibited.

412:11 Cancellation Because of Age;  Prohibited. –
No insurance company authorized to transact business in this state, which insures against loss by reason of the liability to pay damages to others for damage to property or bodily injury including death, arising from the operation, maintenance, or use of motor vehicles within this state, shall cancel, reduce liability limits, refuse to renew or increase the premium of any such motor vehicle policy for the sole reason that the person to whom such policy has been issued has reached a certain age.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:12 - Physical Examinations.

412:12 Physical Examinations. –
When an insurer requires any person to submit to a physical examination as a prerequisite to issuance or delivery of any motor vehicle liability policy, the insurer shall assume and pay the cost of the physical examination.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:13 - Competitive Market.

412:13 Competitive Market. –
A competitive market is presumed to exist unless the commissioner, after hearing, determines that a reasonable degree of competition does not exist in the market and the commissioner issues a ruling to that effect. Such ruling shall expire no later than 2 years after issue unless the commissioner renews the ruling after hearings and a finding as to the continued lack of a reasonable degree of competition. In determining whether a reasonable degree of competition exists, the commissioner shall consider relevant tests of workable competition pertaining to market structure, market performance and market conduct and the practical opportunities available to consumers in the market to acquire pricing and other consumer information and to compare and obtain insurance from competing insurers as further described in RSA 412:14.
Source.
2003, 150:1, eff. Jan. 1, 2004. 2019, 101:1, eff. Aug. 20, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:14 - Monitoring Competition.

412:14 Monitoring Competition. –
I. In determining whether or not a competitive market exists pursuant to RSA 412:13, the commissioner shall monitor the degree of competition in this state. In doing so, the commissioner shall utilize existing relevant information, analytical systems and other sources; cause or participate in the development of new relevant information, analytical systems and other sources; or rely on some combination thereof. Such activities may be conducted internally within the insurance department, in cooperation with other state insurance departments, through outside contractors or in any other appropriate manner.
II. All of the following may be considered by the commissioner:
(a) The extent to which the largest insurer groups control the insurance marketplace.
(b) Whether the total number of companies writing the form of insurance in this state is sufficient to provide multiple options to the public.
(c) The extent to which insurer entries and exits, considered over several years, suggest the presence or lack of entry or exit barriers or both.
(d) The degree to which the insurance products offered to consumers are homogenous in nature and, thus, comparable.
(e) The availability of insurance coverage in all geographic areas. A review of changes in residual market shares, if applicable, may be used as an indication of availability.
(f) The overall rate level which is not excessive, inadequate, or unfairly discriminatory.
(g) The trend in price level for each type of insurance.
(h) The profitability of each form of insurance over a period of several years.
(i) The level of knowledge of market participants and the extent to which comparative pricing information has been made readily available to consumers.
(j) The extent to which the market for each type of insurance is growing.
(k) The presence of conditions indicating reverse competition.
(l) Any other factors customarily reviewed and considered relevant.
III. For the purpose of carrying out the provisions of this section, the commissioner may, at any time, request information or data from insurers authorized to conduct business in this state that the commissioner believes relevant to monitoring and maintaining a competitive market.
Source.
2003, 150:1. 2005, 248:11. 2006, 196:7, eff. July 30, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:17 - Cancellation Because of Age; Prohibited.

412:17 Cancellation Because of Age;  Prohibited. –
No insurance company authorized to transact business in this state, which insures against loss by reason of the liability to pay damages to others for damage to property or bodily injury including death, arising from the operation, maintenance, or use of motor vehicles within this state, shall cancel, reduce liability limits, refuse to renew, or increase the premium of any such motor vehicle policy for the sole reason that the person to whom such policy has been issued has reached a certain age. The provisions of this section shall not apply to an increase or decrease of the premiums for such policies for any particular age group if a statewide classification system approved by the insurance commissioner is adopted for such drivers.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:17-a - Volunteer Drivers.

412:17-a Volunteer Drivers. –
An insurer may not refuse to issue a policy of automobile insurance, as defined in RSA 417-A, to an applicant solely because the applicant is a volunteer driver. An insurer may not impose a surcharge or otherwise increase the rate for a policy of automobile insurance solely on the basis that the named insured, a member of the insured's household, or a person who customarily operates the insured's vehicle is a volunteer driver. For purposes of this section, "volunteer driver" means a person who provides services, including transporting individuals or goods, without compensation above expenses to a charitable organization as defined in RSA 7:21. This section does not prohibit an insurer from refusing to renew, imposing a surcharge, or otherwise raising the rate for a policy of automobile insurance based upon factors other than the volunteer status of the insured driver.
Source.
2007, 351:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:18 - Repealed by 2021, 147:3, I, eff. Sept. 21, 2021.

412:18 Repealed by 2021, 147:3, I, eff. Sept. 21, 2021. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:21 - Insurers and Advisory Organizations: Prohibited Activity.

412:21 Insurers and Advisory Organizations:  Prohibited Activity. –
I. No insurer or advisory organization shall:
(a) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market.
(b) Engage in a boycott, on a concerted basis, of an insurance market.
II. No insurer shall agree with any other insurer or with an advisory organization to mandate adherence to or to mandate use of any rate, prospective loss cost, rating plan, rating schedule, rating rule, policy or bond form, rate classification, rate territory, underwriting rule, survey, inspection or similar material, except as needed to facilitate the reporting of statistics to advisory organizations, statistical agents or the commissioner.
III. The fact that 2 or more insurers, whether or not members or subscribers of an advisory organization, use consistently or intermittently the same rates, prospective loss cost, rating plans, rating schedules, rating rules, policy or bond forms, rate classifications, rate territories, underwriting rules, surveys or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists.
IV. Two or more insurers having a common ownership or operating in this state under common management or control may act in concert between or among themselves with respect to any matters pertaining to those activities authorized in this chapter as if they constituted a single insurer.
V. No insurer or advisory organization shall make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of unreasonably restraining trade or unreasonably lessening competition in the business of insurance.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:22 - Advisory Organizations and Statistical Agents; Prohibited Activity.

412:22 Advisory Organizations and Statistical Agents;  Prohibited Activity. –
In addition to the other prohibitions contained in this chapter, except as specifically permitted under RSA 412:23 and RSA 412:24, no advisory organization or statistical agent shall compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:23 - Advisory Organizations; Permitted Activity.

412:23 Advisory Organizations;  Permitted Activity. –
An advisory organization in addition to other activities not prohibited, is authorized, on behalf of its members and subscribers, to:
I. Develop statistical plans including territorial and class definitions.
II. Collect statistical data from members, subscribers or any other source.
III. Prepare, file and distribute prospective loss costs which may include provisions for special assessments.
IV. Prepare, file and distribute factors, calculations or formulas pertaining to classification, territory, increased limits and other variables.
V. Prepare, file and distribute manuals of rating rules, rating schedules and other supplementary rating information that do not include final rates, expense provisions, profit provisions or minimum premiums.
VI. Distribute information that is required or directed to be filed with the commissioner.
VII. Conduct research and on-site inspections in order to prepare classifications of public fire defenses.
VIII. Consult with public officials regarding public fire protection as it would affect members, subscribers and others.
IX. Conduct research in order to discover, identify and classify information relating to causes or prevention of losses.
X. Conduct research relating to the impact of statutory changes upon prospective loss costs and special assessments.
XI. Prepare, file and distribute policy forms and endorsements and consult with members, subscribers and others relative to their use and application.
XII. Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures.
XIII. Conduct on-site inspection to determine rating classification for individual insureds.
XIV. Collect, compile and publish past and current prices of individual insurers, provided such information is also made available to the general public at a reasonable cost.
XV. Collect and compile exposure and loss experience for the purpose of individual risk experience ratings.
XVI. File final rates, at the direction of the commissioner, for residual market mechanisms.
XVII. Furnish any other services, as approved or directed by the commissioner, related to those enumerated in this section.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:24 - Statistical Agents; Permitted Activity.

412:24 Statistical Agents;  Permitted Activity. –
In addition to other activities not prohibited, any statistical agent is authorized, on behalf of its members and subscribers, to:
I. Develop statistical plans including territorial and class definitions.
II. Collect statistical data from members, subscribers or any other source.
III. Distribute information that is required or directed to be filed with the commissioner.
IV. Collect, compile and distribute past and current prices of individual insurers and publish such information.
V. Collect and compile exposure and loss experience for the purpose of individual risk experience ratings.
VI. Furnish any other services, as approved or directed by the commissioner, related to those enumerated in this section.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:25 - Advisory Organizations; Filing Requirements.

412:25 Advisory Organizations;  Filing Requirements. –
Every advisory organization shall file with the commissioner before the effective date every statistical plan, all prospective loss costs, provisions for special assessments and all supplementary rating information and every change or amendment or modification of any of the foregoing proposed for use in this state. Such filings shall be subject to the provisions of RSA 400-A:29, VI(d) and (e), RSA 412:16, and RSA 412:19 and other provisions of this chapter relating to filings made by insurers.
Source.
2003, 150:1, eff. Jan. 1, 2004. 2017, 133:2, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:27 - Information to be Furnished Insureds; Hearings and Appeals of Insureds.

412:27 Information to be Furnished Insureds;  Hearings and Appeals of Insureds. –
I. Every advisory organization and every insurer shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by the insurer, or to the authorized representative of the insured, all pertinent information as to such rate. If the advisory organization or insurer fails to grant or reject such request within 30 days after it is made, the applicant or insurer may request a hearing from the department pursuant to RSA 400-A:17.
II. If, after a hearing held under this section, it is determined that the rates charged by an insurer are in excess of the otherwise appropriate rate, such overcharge shall be refunded to the insured.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:28 - Filing and Approval of Rates and Rating Plans.

412:28 Filing and Approval of Rates and Rating Plans. –
I. Every insurer, that insures employers against liability for compensation under the workers' compensation law, RSA 281-A, shall file with the insurance commissioner individually or in collaboration with others, in such form as the commissioner may prescribe every manual, minimum premium, class rate, rating schedule, or rating plan and every other rating rule, and every modification of any of the foregoing that it proposes to use; provided, that none of the above shall take effect until the commissioner shall have approved the same as adequate, not excessive, and not unfairly discriminatory.
II. An insurer shall file its rates by filing a multiplier, and, if applicable, other modifications to the prospective loss costs and rating plan filed by the National Council on Compensation Insurance or other authorized advisory organization on behalf of the insurer as permitted by RSA 412:23.
III. At the same time as a filing made pursuant to paragraphs I and II, every insurer shall file, or incorporate by reference any material that has been filed with and approved by the commissioner, all supplementary statistical and supporting information to be used as justification for this filing.
IV. The commissioner may evaluate systems of administered pricing versus competitive rating and the costs and benefits of applying such systems to regulating the classification of risks and premium rates for workers' compensation insurance in New Hampshire. The commissioner may provide an evaluation to the workers' compensation advisory council established by RSA 281-A:62.
V. A filing and any supporting information not considered proprietary pursuant to RSA 412:16, II shall be open to public inspection upon approval.
Source.
2003, 150:1. 2005, 248:12, eff. Sept. 12, 2005. 2019, 50:1, eff. Aug. 4, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:29 - Withdrawal of Approval.

412:29 Withdrawal of Approval. –
The commissioner may withdraw approval of any premium, rate, rating manual, or schedule filed by any insurer according to RSA 412:28, if, in the commissioner's judgment, such rate filing no longer results in premiums that are adequate, not excessive, or not unfairly discriminatory.
Source.
2003, 150:1. 2005, 248:12, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:30 - Special Notice Required.

412:30 Special Notice Required. –
Any insured receiving a premium quote from an insurer, based on an approved rating plan, as described in RSA 412:28, that is higher than the premium that would be derived from the rates and rating plan approved for the assigned risk plan, shall be made aware by the insurer, in writing, that coverage may be obtained at a lower premium in the assigned risk plan.
Source.
2003, 150:1. 2005, 248:13, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:31 - Workers' Compensation Insurance Rate.

412:31 Workers' Compensation Insurance Rate. –
All insurance carriers authorized to write workers' compensation insurance shall make available, at the written request of the employer, a workers' compensation insurance rate containing a deductible provision which shall bind the employer to pay, at a minimum, 100 percent of the first $500 of benefits due to an employee, whether these benefits be medical benefits or indemnity benefits. The commissioner shall approve rates that include larger medical and indemnity deductibles on benefits greater than $500. The commissioner shall prescribe the maximum medical and indemnity deductibles. Employers who choose to acquire workers' compensation insurance with a deductible provision, as to the amount of the deductible, are considered insurers and shall have the same responsibilities under the applicable sections of RSA 281-A.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:33 - Premium and Loss Information.

412:33 Premium and Loss Information. –
All insurance companies writing workers' compensation coverage for risks located in the state of New Hampshire shall provide to each policyholder, on at least an annual basis, premium and loss information relative to the risk's workers' compensation experience. Such information shall include loss and claim specific information itemizing: name of claimant, claim number, date of loss, amounts paid and amounts in reserve with a notation indicating whether the claim is open or closed.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:34 - Schedule Rating.

412:34 Schedule Rating. –
The commissioner may permit insurers to use appropriate systems of schedule rating filed by any insurer or advisory organization approved by the commissioner, subject to rules adopted under RSA 541-A, to assure the uniform and impartial application of such rating. Such ratings shall be:
I. Based on an employer's safety policies and record, including its policies with regard to injured workers' return to work;
II. No greater than plus or minus 25 percent of the insurer's base rates;
III. Voluntary on the part of both the insurer and the employer; and
IV. Applicable to an annual premium greater than $1,000.
Source.
2003, 150:1, eff. Jan. 1, 2004. 2023, 214:4, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:35 - Auditable Basis Policies.

412:35 Auditable Basis Policies. –
I. All workers' compensation policies issued in this state shall be issued on an auditable basis. A final premium shall be charged based upon actual exposure existing during the term of the policy coverage.
II. Audits shall be conducted by either physical inspection of an insured's records and operations, or by telephone or mail request by the insurer to the insured.
III. Audits shall be completed promptly, no more than 120 days after the expiration or cancellation of the policy, provided that there is no bona fide dispute. Any insurer that violates the provisions of this paragraph shall be subject to the penalty provisions of RSA 412:40.
IV. (a) In cases where there is a bona fide dispute, the insurer shall notify the insured in writing that there is a bona fide dispute and this notice shall toll the 120-day time period until the dispute is resolved. Upon resolution of the dispute, the insurer shall proceed to complete the audit within the time remaining in the 120-day time period. A bona fide dispute includes the insured's failure to cooperate with the audit, provided the insurer has notified the insured of:
(1) The acts or omissions that constitute the insured's failure to cooperate; and
(2) The consequences of the insured's failure to cooperate, including delay in the completion of the audit.
(b) The consequence of the insured's failure to cooperate with this paragraph within 30 days of the notice shall be the assessment of a penalty equaling 3 times the estimated premium and setting the estimated premium as the final premium. Upon receipt of the penalty and final premium, the insured shall have an additional 10 days to request that the penalty be waived and to have the final premium be recalculated based upon actual exposure by completing the audit that is required by paragraph III. No timely request by an insured for a waiver and recalculation shall be denied by the insurer. The request shall be granted upon completion of the audit.
V. Gross unearned premium shall be returned pursuant to RSA 402:81.
Source.
2003, 150:1. 2008, 211:1. 2014, 31:9, eff. July 26, 2014. 2020, 37:119, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:36 - Part of Contract.

412:36 Part of Contract. –
The adjusted rate arrived at by any reduction or increase from the basic rate filed with and approved by the commissioner, in the application of such system of schedule or merit rating, shall be clearly set forth in the insurance contract or in the endorsement attached thereto.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:37 - Repealed by 2004, 156:8, III, eff. July 23, 2004.

412:37 Repealed by 2004, 156:8, III, eff. July 23, 2004. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:37-a - Certificates of Insurance.

412:37-a Certificates of Insurance. –
Every certificate of insurance issued or presented in this state pursuant to a workers' compensation insurance policy shall contain the following information:
I. All states for which such statutory coverage is provided;
II. Names of all executive officers or members who are excluded, if any, pursuant to RSA 281-A:18-a, or a notation that no executive officers or members are excluded; and
III. Names of all sole proprietors or partners who have elected to be covered under the policy or a notation that no sole proprietors or partners are covered.
Source.
2008, 378:4, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:37-b - Advisory Organizations; Required Activity.

412:37-b Advisory Organizations;  Required Activity. –
The commissioner shall consult with workers' compensation advisory organizations, workers' compensation carriers, and third party administrators or self-insureds regarding the most effective options for including workers' compensation medical claims data in the New Hampshire comprehensive health information system, as defined under RSA 420-G:11-a. The commissioner shall make a report with recommendations on options for including workers' compensation medical claims data in the New Hampshire comprehensive health information system on or before December 1, 2015 to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate committees having jurisdiction over health and human services.
Source.
2015, 210:2, eff. Sept. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:38 - Examinations.

412:38 Examinations. –
I. The commissioner may, as often as he or she deems it expedient, make or cause to be made an examination of each advisory organization or statistical agent referred to in RSA 412:20 and of each group, association or other organization referred to in RSA 412:26, provided that each statistical agent and advisory organization licensed in this state shall be examined at least once every 5 years. The reasonable costs of any such examination shall be paid by the advisory organization, statistical agent or group, association or other organization examined. The officers, manager, agents and employees of such advisory organization, statistical agent, or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, account, documents or agreements governing its method of operation. In lieu of any such examination, the commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of that state.
II. As often as the commissioner deems necessary, the commissioner or a delegate may examine all policies, daily reports, binders, renewal certificates, endorsements, and other evidences of insurance or of the cancellation thereof, for the purpose of ascertaining that lawful rates are being charged. In connection therewith the commissioner may require the company or any officer or agent to produce all books and papers relating to the formulation or change of such rates in the possession of the company or agent and shall have power to examine under oath any officer or agent of said company on matters pertinent to the formulation or changing of such rates. The expense of an examination undertaken pursuant to authority hereby conferred shall be borne by the company examined.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:39 - False or Misleading Information.

412:39 False or Misleading Information. –
No person or organization shall willfully withhold information that will affect the rates or premiums chargeable under this chapter from, or knowingly give false or misleading information to the commissioner, any statistical agent, any advisory organization or any insurer. A person or organization violating this section shall be subject to the penalties provided in RSA 412:40.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:40 - Penalties.

412:40 Penalties. –
I. The commissioner, may upon a finding that any person or organization has violated any provisions of this chapter, impose a penalty of not less than $500 or more than $10,000 for each violation, but if the violation is found to be willful, a penalty of not less than $1,000 or more than $25,000 may be imposed for each violation. Separate penalties may be in addition to any other penalty provided by law.
II. For purposes of this chapter, any insurer using a rate for which the insurer has failed to file the rate, supplementary rate information, underwriting rules or guidelines, or supporting information as required by this chapter, shall have committed a separate violation for each day such failure continues.
III. The commissioner may suspend or revoke the license of any advisory organization, statistical agent or insurer that fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant.
IV. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by the commissioner, unless the commissioner modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded or reversed.
V. No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the commissioner stating his or her findings, made after hearing.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:41 - Hearing and Appeal.

412:41 Hearing and Appeal. –
Any insurer or organization aggrieved by any order or decision of the commissioner shall be entitled to a hearing and appeal in accordance with the provisions of RSA 541-A.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:42 - Exemptions.

412:42 Exemptions. –
The commissioner may by his or her own initiative or upon request of any person, by rule exempt any market from any or all of the provisions of this chapter, if and to the extent that the exemption is necessary to achieve the purposes of this chapter.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:43 - Rulemaking Authority.

412:43 Rulemaking Authority. –
I. The commissioner may make reasonable rules as necessary to effect the purposes of this chapter.
II. The commissioner shall adopt rules, under RSA 541-A, relative to defining "resident" for the purposes of this chapter and RSA 417-A. Such definition shall include any criteria necessary for determining residency in this state, including the residency of persons on active duty in the military service of the United States, retired persons, and other persons temporarily out of this state.
III. [Repealed.]
Source.
2003, 150:1. 2011, 137:2. 2012, 100:9, eff. July 28, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412 - Regulation of Forms and Rates for Property and Casualty Insurance › Section 412:44 - Severability.

412:44 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application; and, to this end, the provisions of this chapter are severable.
Source.
2003, 150:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412-A - Filing of Aircraft Insurance Policies › Section 412-A:1 - Policies to be Filed With Commissioner.

412-A:1 Policies to be Filed With Commissioner. –
Every insurance company which issues insurance on hulls of aircraft, including their accessories and equipment, and liability resulting from the ownership, use or maintenance of aircraft shall file with the insurance commissioner for informational and auditing purposes a copy of the form of the policy containing the insurance contract covering such losses and all printed endorsements that may be attached thereto. As part of the audit process, the commissioner may disapprove any form if it contains a provision that does not comply with the requirements of law, is not in the public interest, is contrary to public policy, is inequitable, misleading, deceptive, or encourages misrepresentation of such policy.
Source.
2003, 150:2, eff. Jan. 1, 2004. 2018, 68:3, eff. July 24, 2018.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 412-A - Filing of Aircraft Insurance Policies › Section 412-A:2 - Liability for Aircraft Accident.

412-A:2 Liability for Aircraft Accident. –
No policy of insurance issued or delivered in this state covering any loss, expense, or liability arising out of the ownership, maintenance, or use of an aircraft shall exclude or deny coverage because the aircraft is operated in violation of federal or civil air regulations, or any state law or local ordinance. This section does not prohibit the use of specific exclusions or conditions in any such policy which relate to any of the following:
I. Certification of an aircraft in a stated category by the federal aviation administration;
II. Certification of a pilot in a stated category by the federal aviation administration;
III. Establishing requirements for pilot experience;
IV. Establishing limitations on the use of the aircraft.
Source.
2003, 150:2, eff. Jan. 1, 2004.