reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 405-B - Nonadmitted Insurance, Multi-State Risks Premium Collection and Disbursement › Section 405-B:6 - Single Home State Rate; Independently Procured Under RSA 406-B:17.

405-B:6 Single Home State Rate;  Independently Procured Under RSA 406-B:17. –
I. Every insured who procures or causes to be procured or continues or renews insurance with any unlicensed insurer pursuant to RSA 406-B:17 shall collect and pay to the commissioner a sum based on the total gross premiums charged, less any return premiums, for independently procured insurance.
II. Where the insurance covers properties, risks, or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on:
(a) An amount equal to 4 percent on such insurance other than marine insurance and a premium tax of 2 percent of gross premium charged for such marine insurance, the portion of the gross premiums allocated to this state, plus
(b) An amount equal to 4 percent on the portion of the premiums allocated to other states or territories, less
(c) The amount of gross premiums allocated to this state and returned to the insured.
Source.
2011, 191:5, eff. Aug. 13, 2011. 2019, 141:3, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 405-B - Nonadmitted Insurance, Multi-State Risks Premium Collection and Disbursement › Section 405-B:7 - Clearinghouse Participation.

405-B:7 Clearinghouse Participation. –
The commissioner is authorized to participate in the clearinghouse established through the agreement or compact for the purpose of collecting and disbursing to reciprocal states any funds collected pursuant to RSA 405-B:4, RSA 405-B:5, and RSA 405-B:6 on properties, risks or exposures located or to be performed outside of this state. To the extent that other states where portions of the properties, risks or exposures reside have failed to enter into an agreement, compact or reciprocal allocation procedure with this state, the net premium tax collected shall be retained by this state.
Source.
2011, 191:5, eff. Aug. 13, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 405-B - Nonadmitted Insurance, Multi-State Risks Premium Collection and Disbursement › Section 405-B:8 - Allocation Schedule.

405-B:8 Allocation Schedule. –
The commissioner is authorized to utilize or adopt the allocation schedule included in the agreement or compact for the purpose of allocating risk and computing the tax due on the portion of premium attributable to each risk classification and to each state where properties, risks or exposures are located.
Source.
2011, 191:5, eff. Aug. 13, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-A - Unauthorized Insurers False Advertising Process Act › Section 406-A:1 - Purpose of Chapter.

406-A:1 Purpose of Chapter. –
I. The purpose of this chapter is to subject to the jurisdiction of the insurance commissioner of this state and to the jurisdiction of the courts of this state insurers not authorized to transact business in this state which place in or send into this state any false advertising designed to induce residents of this state to purchase insurance from insurers not authorized to transact business in this state. The legislature declares it is in the interest of the citizens of this state who purchase insurance from insurers which solicit insurance business in this state in the manner set forth in the preceding sentence that such insurers be subject to the provisions of this chapter. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states; the authority provided herein to be in addition to any existing powers of this state.
II. The provisions of this chapter shall be liberally construed.
Source.
1961, 48:1, eff. May 29, 1961.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-A - Unauthorized Insurers False Advertising Process Act › Section 406-A:2 - Definitions.

406-A:2 Definitions. –
When used in this chapter:
I. "The commissioner" shall mean the insurance commissioner of this state.
II. "Unfair trade practice act" shall mean Revised Statutes Annotated, chapter 417, entitled Unfair Insurance Trade Practices.
III. "Residents" shall mean and include person, partnership or corporation, domestic, alien or foreign.
Source.
1961, 48:1, eff. May 29, 1961.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-A - Unauthorized Insurers False Advertising Process Act › Section 406-A:3 - Notice to Domiciliary Supervisory Official.

406-A:3 Notice to Domiciliary Supervisory Official. –
No unauthorized foreign or alien insurer of the kind described in RSA 406-A:1 shall make, issue, circulate or cause to be made, issued or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of the unfair trade practice act, and whenever the commissioner shall have reason to believe that any such insurer is engaging in such unlawful advertising, it shall be his duty to give notice of such fact by registered mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States.
Source.
1961, 48:1, eff. May 29, 1961.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-A - Unauthorized Insurers False Advertising Process Act › Section 406-A:4 - Actions by Commissioner.

406-A:4 Actions by Commissioner. –
If after 30 days following the giving of the notice mentioned in RSA 406-A:3 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this state, and if the commissioner has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or doing any of the acts enumerated in RSA 406-A:5, he shall take action against such insurer under the unfair trade practice act.
Source.
1961, 48:1, eff. May 29, 1961.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-A - Unauthorized Insurers False Advertising Process Act › Section 406-A:6 - Constitutionality.

406-A:6 Constitutionality. –
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source.
1961, 48:1, eff. May 29, 1961.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-A - Unauthorized Insurers False Advertising Process Act › Section 406-A:7 - Short Title.

406-A:7 Short Title. –
This chapter may be cited as the Unauthorized Insurers False Advertising Process Act.
Source.
1961, 48:1, eff. May 29, 1961.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:1 - Purpose.

406-B:1 Purpose. –
The purpose of this chapter is to subject certain persons and insurers to the jurisdiction of the commissioner, of proceedings before the commissioner, and of the courts of this state in suits by or on behalf of the state and insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued by persons and insurers not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of asserting their legal rights under such policies in forums foreign to them under laws and rules of practice with which they are not familiar. The legislature declares that it is also concerned with the protection of residents of this state against acts by persons and insurers not authorized to do an insurance business in this state by the maintenance of fair and honest insurance markets, by protecting authorized persons and insurers, which are subject to strict regulation, from unfair competition by unauthorized persons and insurers by protecting against the evasion of the insurance regulatory laws of this state and to protect the premium tax revenues of this state. In furtherance of such state interest, the legislature herein provides methods for substituted service of process upon such persons or insurers in any proceeding, suit or action in any court and substitute service of any notice, order, pleading or process upon such persons or insurers in any proceeding before the commissioner to enforce or effect full compliance with the insurance and tax statutes of this state, and declares in so doing it exercises its power to protect residents of this state and to define what constitutes doing an insurance business in this state, and also exercises powers and privileges available to this state by virtue of P.L. 79-15 (1945), (chapter 20, 1st sess., S. 340), 59 Stat. 33, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
Source.
1967, 237:1. 1969, 260:1, eff. June 20, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:2 - Insurance Business Defined.

406-B:2 Insurance Business Defined. –
Any of the following acts in this state effected by mail or otherwise by or on behalf of an unlicensed insurer is deemed to constitute the transaction or doing of an insurance business in this state. The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect. Unless otherwise indicated, the term "insurer" as used in this section includes all corporations, associations, partnerships and individuals, engaged as principals in the business of insurance and also includes interinsurance exchanges and mutual benefit societies. The word "commissioner" shall mean the insurance commissioner.
I. The making of or proposing to make, as an insurer, an insurance contract.
II. The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety.
III. The taking or receiving of any application for insurance.
IV. The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof.
V. The issuance or delivery of contracts or certificates of insurance to residents of this state or to persons authorized to do business in this state.
VI. Directly or indirectly acting as an agent for or otherwise representing or aiding on behalf of another any person or insurer in the solicitation, negotiation, procurement, or effectuation of insurance or renewals thereof, or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, a fixing of rates or investigation or adjustment of claims or losses or in the transaction of matters subsequent to effectuation of the contract and arising out of it, or in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this state. The provisions of this section shall not operate to prohibit full-time salaried employees of a corporate insured from acting in the capacity of an insurance manager or buyer in placing insurance in behalf of such employer.
VII. The doing of any kind of insurance business specifically recognized as constituting the doing of an insurance business within the meaning of the statutes relating to insurance.
VIII. The doing or proposing to do any insurance business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of the statutes.
IX. Any other transactions of business in this state by an insurer.
Source.
1967, 237:1. 1969, 260:2, 3. 1971, 170:1. 1985, 177:1, 3. 1986, 93:2, 4. 2002, 207:32, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:3 - Unauthorized Insurance Prohibited.

406-B:3 Unauthorized Insurance Prohibited. –
No unlicensed person or insurer shall directly or indirectly do any of the acts of an insurance business set forth in RSA 406-B:2 except as provided by and in accordance with the specific authorization of statute. In respect to the insurance of subjects resident, located or to be performed within this state this section shall not prohibit the collection of premium or other acts performed outside of this state by persons or insurers authorized to do business in this state provided such transactions and insurance contracts otherwise comply with statute.
Source.
1967, 237:1. 1971, 170:2. 2002, 207:33, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:6 - Unauthorized Person or Insurer Defense of Action.

406-B:6 Unauthorized Person or Insurer Defense of Action. –
I. Before any unauthorized person or insurer files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the commissioner instituted against such person or insurer, by service made as provided in RSA 406-B:4 and 5, such person or insurer shall either:
(a) Deposit with the clerk of the court in which such action, suit or proceeding is pending, or with the commissioner in administrative proceedings before the commissioner, cash or securities or bond with good and sufficient sureties to be approved by the court, or the commissioner, in any amount to be fixed by the court or the commissioner sufficient to secure the payment of any final judgment which may be rendered in such court proceeding or in such administrative proceeding before the commissioner, provided that the court or the commissioner in administrative proceedings before the commissioner may in its or his discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court or the commissioner that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such court action, suit or proceeding or in such administrative proceeding before the commissioner; or
(b) Procure proper authorization to do an insurance business in this state.
II. The court in any action, suit or proceeding in which service has been made as provided in RSA 406-B:4 or the commissioner in any administrative proceeding before the commissioner in which service is made as provided in RSA 406-B:5 may, in his or its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with paragraph I and to defend such court action or administrative proceeding.
III. Nothing in paragraph I is to be construed to prevent an unlicensed person or insurer from filing a motion to quash a writ or to set aside service thereof made as provided in RSA 406-B:4 or 5 on the ground that such unlicensed person or insurer has not done any of the acts enumerated in RSA 406-B:2 or that the person on whom service was made pursuant to RSA 406-B:4 was not doing any of the acts therein enumerated.
Source.
1967, 237:1. 2002, 207:37, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:7 - Attorney Fees.

406-B:7 Attorney Fees. –
In an action against an unauthorized person or insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the person or insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Failure of the person or insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
Source.
1967, 237:1, eff. Aug. 22, 1967.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:8 - Validity of Insurance Contracts.

406-B:8 Validity of Insurance Contracts. –
I. Except for lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, contracts of insurance independently procured, through negotiations occurring entirely outside of this state which are reported and on which premium tax is paid in accordance with RSA 406-B:17 and contracts of industrial insurance on which premium tax is paid pursuant to RSA 406-B:16, VI, any contract of insurance effective in this state and entered into by an unauthorized insurer is unenforceable by such insurer. In event of failure of any such unauthorized insurer to pay any claim or loss within the provisions of such insurance contract, any person who assisted or in any manner aided directly or indirectly in the development, marketing, or administration of such insurance contract shall be liable to the insured for the full amount thereof pursuant to the provisions of such insurance contract.
II. The failure of an insurer transacting insurance business in this state to obtain a certificate of authority shall not impair the validity of any act or contract of such insurer and shall not prevent such insurer from defending any action at law or suit in equity in any court of this state, but no insurer transacting insurance business in this state without a certificate of authority shall be permitted to maintain an action in any court of this state to enforce any right, claim or demand arising out of the transaction of such business until such insurer shall have obtained a certificate of authority.
Source.
1967, 237:1. 1969, 260:4. 1971, 170:3. 1991, 94:1. 2002, 207:38, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:9 - Investigation and Disclosure of Insurance Contracts.

406-B:9 Investigation and Disclosure of Insurance Contracts. –
I. Whenever the commissioner has reason to believe that insurance has been effectuated by or for any person in this state with an unauthorized insurer, the commissioner shall in writing order such person to produce for examination all insurance contracts and other documents evidencing insurance with both authorized and unauthorized insurers and to disclose to the commissioner the amount of insurance, name and address of each insurer, gross amount of premium paid or to be paid and the name and address of the person or persons assisting or aiding in the solicitation, negotiation or effectuation of such insurance.
II. Every person who, for 30 days after such written order pursuant to paragraph I, neglects to comply with the requirements of such order or who willfully makes a disclosure that is untrue, deceptive, or misleading shall forfeit $50 and an additional $50 for each day of neglect after expiration of said 30 days.
III. Whenever the commissioner believes, from evidence satisfactory to him, that any insurer is violating or about to violate the provisions of this act, the commissioner may, with the assistance of the attorney general of this state, cause a complaint to be filed in the Merrimack county superior court to enjoin and restrain such insurer from continuing such violation or engaging therein or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper.
Source.
1967, 237:1. 1969, 260:5, eff. June 20, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:10 - Reporting of Unauthorized Insurance.

406-B:10 Reporting of Unauthorized Insurance. –
I. Every person investigating or adjusting any loss or claim on a subject of insurance in this state shall immediately report to the commissioner every insurance policy or contract which has been entered into by any insurer not authorized to transact such insurance in this state.
II. This section does not apply to transactions in this state involving a policy lawfully solicited, written, and delivered outside of this state covering only subjects of insurance not resident, located or expressly to be performed in this state at the time of issuance, and which transactions are subsequent to the issuance of such policy.
Source.
1967, 237:1, eff. Aug. 22, 1967.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:11 - Unauthorized Insurance Premium Tax.

406-B:11 Unauthorized Insurance Premium Tax. –
I. Except as to premiums on lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, and premiums on unlicensed insurance procured by industrial insurers on which a tax has been paid pursuant to RSA 406-B:16, VI and premiums on independently procured insurance on which a tax has been paid pursuant to RSA 406-B:17, every unauthorized insurer shall pay to the commissioner before March 1 next succeeding the calendar year in which the insurance was so effectuated, continued or renewed a premium receipts tax of 4 percent of gross premiums charged for such insurance other than marine insurance and a premium receipts tax of 2 percent of gross premiums charged for such marine insurance on subjects resident, located or to be performed in this state. Such insurance on subjects resident, located or to be performed in this state procured through negotiations or an application, in whole or in part occurring or made within or from within or outside of this state, or for which premiums in whole or in part are remitted directly or indirectly from within or outside of this state, shall be deemed to be insurance procured, or continued or renewed in this state. The term "premium" includes all premiums, membership fees, assessments, dues, and any other consideration for insurance. Such tax shall be in lieu of all taxes and fire department dues. On default of any such unauthorized insurer in the payment of such tax the insured shall pay the tax. If the tax prescribed by this section is not paid within the time stated, the tax shall be increased by a penalty contingent upon the number of days that have passed since the due date. For late payments received 1-30 days after the due date, the penalty fee shall be 3 percent of the amount of tax due. For late payments received 31-60 days after the due date, the penalty fee shall be 6 percent of the amount of tax due. For late payments received more than 60 days after the due date, the penalty fee shall be 12 percent of the amount of tax due.
II. If a policy covers risks or exposures only partially in this state, the tax payable shall be computed on the portions of the premium which are properly allocable to the risks or exposures located in this state. In determining the amount of premiums taxable in this state, all premiums written, procured, or received in this state and all premiums on policies negotiated in this state shall be deemed written on property or risks located or resident in this state, except such premiums as are properly allocated or apportioned and reported as taxable premiums of any other state or states.
Source.
1967, 237:1. 1971, 170:4. 2002, 207:39, eff. July 15, 2002. 2019, 179:5, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:11-a - Unauthorized Insurance Premium Tax; Insurance Transactions on Multi-State Risks.

406-B:11-a Unauthorized Insurance Premium Tax;  Insurance Transactions on Multi-State Risks. –
For lawfully procured insurance premiums in unlicensed insurance companies reporting multi-state risks, the provisions of RSA 405-B shall apply.
Source.
2011, 191:2, eff. Aug. 13, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:12 - Penalty for Unauthorized Insurance.

406-B:12 Penalty for Unauthorized Insurance. –
Any unlicensed insurer who does any unauthorized act of an insurance business as set forth in RSA 406-B:2 shall be fined in accordance with RSA 400-A:15, III.
Source.
2002, 207:40, eff. July 15, 2002. 2020, 37:49, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:15 - Separability.

406-B:15 Separability. –
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision and to this end the provisions of this chapter are declared to be severable.
Source.
2002, 207:40, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:16-a - Lawfully Procured Insurance in Unlicensed Companies; Insurance Transactions on Multi-State Risks.

406-B:16-a Lawfully Procured Insurance in Unlicensed Companies;  Insurance Transactions on Multi-State Risks. –
For premiums on unlicensed insurance procured by industrial insurers with tax liability for multi-state risks, the provisions of RSA 405-B shall apply.
Source.
2011, 191:3, eff. Aug. 13, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-B - Unauthorized Insurance › Section 406-B:17-a - Independently Procured Insurance; Insurance Transactions on Multi-State Risks.

406-B:17-a Independently Procured Insurance;  Insurance Transactions on Multi-State Risks. –
For premiums on unlicensed insurance independently procured with tax liability for multi-state risks, the provisions of RSA 405-B shall apply.
Source.
2011, 191:4, eff. Aug. 13, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:1 - Purpose.

406-C:1 Purpose. –
The purpose of this chapter is to authorize and regulate the solicitation for purchase and the sale in this state of insurance by financial institutions and to maintain parity with respect to the insurance powers of state and federally chartered financial institutions.
Source.
1997, 223:3. 2000, 313:3, eff. Aug. 20, 2000.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:3 - License for Insurance Sales.

406-C:3 License for Insurance Sales. –
A financial institution and the employees of a financial institution conducting insurance sales shall be required to obtain a producer's license authorizing the sale of insurance by complying with the licensing requirements of RSA 402-J.
Source.
1997, 223:3. 2000, 315:17, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:4 - Prohibition on Underwriting.

406-C:4 Prohibition on Underwriting. –
Neither this chapter, nor RSA 383-B:3-301(d) shall be construed to authorize any financial institution to engage in the underwriting of any insurance product or in any insurance underwriting activity requiring licensure under RSA 402 or RSA 405.
Source.
1997, 223:3. 2015, 272:32, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:5 - Licensure Requirement.

406-C:5 Licensure Requirement. –
Solicitation for the purchase or sale of any insurance product by the financial institution shall be conducted only by persons who are licensed and have complied with all applicable state insurance licensing laws and rules, and are officers, directors, or employees of the financial institution.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:6 - Authorized Carriers.

406-C:6 Authorized Carriers. –
A financial institution shall offer only insurance products of approved surplus lines carriers or approved products of insurance companies authorized to do insurance business in New Hampshire.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:7 - Separation of Activities.

406-C:7 Separation of Activities. –
I. A financial institution shall, to the extent practicable, keep the area where the bank conducts transactions involving insurance products or annuities physically segregated from areas where retail deposits are routinely accepted from the general public, identify the areas where insurance product or annuity sales activities occur, and clearly delineate and distinguish those areas from the areas where the bank's retail deposit-taking activities occur.
II. Solicitation for the purchase or sale of insurance by a licensed employee who exercises authority over credit transactions shall be conducted in a manner which addresses the potential for customer confusion and coercion.
III. Signage, informational materials, and sales literature concerning the availability of insurance products through the financial institution shall be utilized and displayed in the manner required by this chapter.
IV. If the product name under which the insurance contract is marketed includes the name of a financial institution, then the marketing material must prominently identify the insurance company which issues and underwrites the insurance contract.
Source.
1997, 223:3. 2000, 313:6. 2002, 207:27. 2004, 46:1, eff. May 3, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:8 - Disclosures.

406-C:8 Disclosures. –
I. To avoid customer confusion and in addition to any other requisite disclosures, all advertising, promotional material, and solicitation, including telemarketing contacts in the case of life insurance and annuities, shall include a prominent disclosure that substantively states that a purchase of insurance:
(a) Is not a deposit;
(b) Is not insured by the Federal Deposit Insurance Corporation or any other agency or instrumentality of the federal government;
(c) Is not guaranteed by the financial institution or an affiliate, unless the insurance is guaranteed by such financial institution or its affiliate in which case the nature of the guarantee and identity of the guarantor shall be disclosed; and
(d) Where appropriate, involves investment risk, including potential loss of principal.
II. At the time of sale, the financial institution shall also provide written disclosure of how to complain to the insurance department about problems in the sale or solicitation of an insurance product. Other than disclosing how to complain to the insurance department, a financial institution that does not accept insured deposits is not required to disclose items I(a) through (c) of this section.
Source.
1997, 223:3. 2000, 313:7, eff. Aug. 20, 2000.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:9 - Confidential Customer Information.

406-C:9 Confidential Customer Information. –
The financial institution shall not disclose any nonpublic customer information, unless such disclosure is consistent with the provisions of the federal Gramm-Leach-Bliley Act and any applicable laws, or rules adopted pursuant to RSA 400-A:15, I.
Source.
1997, 223:3. 2002, 207:26, eff. July 15, 2002.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:10 - Prohibition on Tying of Banking and Insurance Products.

406-C:10 Prohibition on Tying of Banking and Insurance Products. –
I. The financial institution shall not require or imply that the purchase of an insurance product by a customer or prospective customer is required as a condition of, or is in any way related to, the lending of money or extension of credit or the provision of services related to any such activities. A written disclosure to this effect, or such other disclosure as the department may authorize through rulemaking, shall be expressly acknowledged by the customer and shall include notice that the customer is free to select another insurance provider and that the customer's choice of another insurance provider will not affect the financial institution's credit decisions or credit terms in any way. The written disclosure shall be acknowledged at the time that a customer applying for the lending of money or an extension of credit is first informed that insurance is available through the financial institution.
II. A financial institution that solicits, sells, advertises, or offers insurance, and any person who solicits, sells, advertises, or offers insurance on behalf of a financial institution or on the premises of a financial institution shall obtain written acknowledgment of the receipt of the disclosure from the customer at the time the customer receives the disclosure. If the solicitation is conducted by telephone, the person or financial institution shall obtain an oral acknowledgment of receipt of the disclosure, maintain sufficient documentation to show that the acknowledgment was given by the customer, and make reasonable efforts to obtain a written acknowledgment from the customer. If a customer affirmatively consents to receiving the disclosures electronically and if the disclosures are provided in a format that the customer may retain or obtain later, the person or financial institution, may provide the disclosure and obtain acknowledgment of the receipt of the disclosure from the customer using electronic media.
III. The completion of a loan transaction or other transactions involving the extension of credit shall not be delayed or impeded by an officer or employee of a financial institution for the purpose of influencing a customer's selection or purchase of insurance.
Source.
1997, 223:3. 2004, 46:2, eff. May 3, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:11 - Prohibition on Discrimination Against Non-Affiliated Agents.

406-C:11 Prohibition on Discrimination Against Non-Affiliated Agents. –
I. The financial institution shall not condition the provision of any product or service to any customer upon the purchase of a policy or contract of insurance through a particular insurer, agent, or broker or reject any insurance policy required in connection with a loan or extension of credit solely because such policy has been issued or underwritten by any person who is not associated with such institution.
II. The financial institution shall not impose any discriminatory requirement on any insurance agent or broker who is not associated with the financial institution that is not imposed on any insurance agent who is associated with such institution.
III. Unless otherwise authorized by any applicable federal or state law, no financial institution shall require any debtor, insurer, broker, or agent to pay a separate charge in connection with the handling of insurance that is required under a contract.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:12 - Prohibited Practices.

406-C:12 Prohibited Practices. –
I. An employee of a financial institution who is not licensed to sell insurance may refer a party to a person who is licensed to sell insurance, if the employee making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party's purchase of insurance.
II. The financial institution shall not offer, recommend, sponsor, or sell an insurance product which has not been properly approved for sale to New Hampshire residents.
III. An insurance product shall not be offered in a package with non-insurance products in a manner that constitutes unlawful tying activities, rebating, and unfair competition with respect to insurance sales.
IV. The payment for rental or lease of space by an unlicensed financial institution to an insurance agent or broker shall not be based directly or indirectly on the volume of premium written or insurance sold by the agent or broker.
Source.
1997, 223:3. 2000, 313:8, 9, eff. Aug. 20, 2000.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:13 - Application of State and Federal Consumer Protection Provisions.

406-C:13 Application of State and Federal Consumer Protection Provisions. –
Any financial institution which solicits or sells insurance products pursuant to RSA 383-B:3-301(d) and this chapter shall be subject to all applicable federal and state consumer protection laws, including the federal anti-tying provisions of 12 U.S.C. section 1972.
Source.
1997, 223:3. 2015, 272:33, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:14 - Insurance Records.

406-C:14 Insurance Records. –
Books and records relating to the insurance transactions of a financial institution licensed to sell insurance, including all files relating to and reflecting customer complaints, shall be kept separate and apart from all records relating to other business transactions of such financial institution, and shall be made available to the insurance department for inspection upon reasonable notice.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:15 - Examination Authority.

406-C:15 Examination Authority. –
The insurance activities of financial institutions pursuant to RSA 383-B:3-301(d) and this chapter shall be subject to examination by the commissioner and the commissioner is authorized to impose reasonable and customary assessments on the financial institution for such examination.
Source.
1997, 223:3. 2015, 272:34, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:16 - Rulemaking Authority for Implementing Regulations.

406-C:16 Rulemaking Authority for Implementing Regulations. –
I. The commissioner may adopt rules to effectuate the purposes of this chapter, which are to protect the insurance buying public from potential coercion by financial institutions, to minimize the possibilities of unfair competitive practices by financial institutions that harm the public, and to maintain parity with respect to the insurance powers of state and federally chartered financial institutions.
II. The commissioner may also adopt rules which would vary the provisions of this chapter, if essential, and for the sole purpose of maintaining parity and eliminating competitive advantages enjoyed by federally chartered financial institutions, upon a determination by the commissioner that a specific federal law, regulation, or ruling creates a substantial disparity in the insurance agency powers of state and federal financial institutions in this state. Any rule adopted pursuant to this paragraph shall not diminish any consumer protection afforded under this chapter. The commissioner shall seek appropriate legislation amending any affected provisions of this chapter at the earliest legislative opportunity.
III. Rules adopted by the commissioner under this chapter shall be adopted pursuant to RSA 541-A. Notwithstanding RSA 541-A:17, I, or any other law to the contrary, any rule adopted under this chapter shall continue in force and effect until amended or repealed.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:17 - Enforcement.

406-C:17 Enforcement. –
Any person violating the provisions of this chapter shall be subject to any and all enforcement procedures within the authority of the insurance department including, but not limited to, the issuance of a cease and desist order requiring such person to cease all insurance sales and solicitation activities.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:18 - Penalties.

406-C:18 Penalties. –
Any financial institution violating any of the provisions of this chapter or any rule adopted under this chapter may be subject to an administrative fine not to exceed $2,500 per violation. The commissioner may also suspend or revoke the license of any financial institution or other person or organization for any violation of this chapter or rule or for failure to comply with an order, including a cease and desist order, of the commissioner issued under this chapter.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 406-C - Sales of Insurance by Financial Institutions › Section 406-C:19 - Provisions Severable.

406-C:19 Provisions Severable. –
If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid for any reason, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Source.
1997, 223:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:1 - Form of Policy.

407:1 Form of Policy. –
The form of policy for fire insurance prescribed by this chapter shall be known and designated as the Standard Fire Insurance Policy for New Hampshire, hereinafter known as the Standard Fire Policy. There may be inserted before and after the words "New Hampshire" the state in which such form of policy is standard.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:2 - Use Required.

407:2 Use Required. –
No policy or contract of fire insurance, except for motor vehicle insurance, marine insurance, inland marine insurance, and policies used to effect reinsurance between insurers, shall be made, issued or delivered by any insurer or by any agent or representative thereof, on any property in this state unless it shall conform to all the provisions of the policy form prescribed herein. The insurance commissioner may, after hearing, revoke or suspend the license of any insurer using any other form of such policy.
Source.
1959, 163:1, eff. Jan. 1, 1960. 2020, 37:50, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:2-a - Combination Coverages.

407:2-a Combination Coverages. –
Any policy or contract otherwise subject to RSA 407:2, which includes coverage against the peril of fire and substantial coverage against other perils, need not comply with the provisions of RSA 407:2, provided:
I. Such policy or contract shall afford coverage, with respect to the peril of fire, not less than the coverage afforded by such New Hampshire Standard Fire Policy;
II. That such coverage as to the peril of fire shall be made subject without change to the same general provisions and stipulations as those of such Standard Fire Policy;
III. The provisions in relation to mortgagee interests and obligations in such Standard Fire Policy shall be incorporated therein without change;
IV. Such policy or contract is complete as to all of its terms without reference to the standard form of fire insurance policy or any other policy;
V. The insurance commissioner is satisfied that such policy or contract complies with the provisions hereof.
Source.
1981, 345:1, eff. Aug. 16, 1981. 2023, 120:1, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:3 - Other Material Required.

407:3 Other Material Required. –
I. There shall be printed at the head of said policy the name of the insurer or insurers issuing the policy, the location of the home office thereof, a statement whether said insurer or insurers are stock or mutual corporations or are Lloyd's underwriters; and the insurer or insurers may add thereto such device or devices as may be approved by the insurance commissioner.
II. If the policy is issued by a mutual or cooperative insurer having special regulations with respect to the payment by the policyholder of assessments, such regulations shall be printed upon the policy, and any such insurer may print upon the policy such regulations as may be appropriate to or required by its form of organization.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:4 - Change of Arrangement.

407:4 Change of Arrangement. –
The insurance commissioner is authorized to change the shape, size and general arrangement of the Standard Fire Policy as he may think the public good requires.
Source.
1959, 163:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 407 - The Fire Insurance Contract and Suits Thereon › Section 407:5 - Combination Form.

407:5 Combination Form. –
Two or more insurers authorized to do in this state the business of fire insurance, may, with the approval of the insurance commissioner, issue a combination standard form of fire policy which shall contain the following provisions:
I. A provision substantially to the effect that the insurers executing such policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of such insurance under such policy.
II. A provision substantially to the effect that service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing such policy, shall be deemed to be service upon all such insurers.
Source.
1959, 163:1, eff. Jan. 1, 1960.