reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:19-c - Credit Union Accidental Death and Dismemberment Insurance.

415:19-c Credit Union Accidental Death and Dismemberment Insurance. –
A group of individuals who are members of a credit union may be insured under an accidental death and dismemberment policy issued to that credit union, which shall be deemed the policyholder.
Source.
2014, 19:1, eff. July 22, 2014.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:20 - Penalty.

415:20 Penalty. –
Any insurer, agent, broker or any person, firm, association or corporation that violates any provision of this chapter or any rule issued pursuant to it, or any relevant provision of RSA 161-H, may at the discretion of the commissioner be subject to paragraph I or II, or both.
I. Its certificate of authority may be indefinitely suspended or revoked.
II. A civil fine not to exceed $2,500 may be imposed for each violation. Repeated violations of the same provision or regulation shall constitute separate civil offenses.
Source.
1913, 226:13. PL 281:27. RL 331:28. RSA 415:20. 1975, 494:4. 1994, 214:5, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:21 - Health Insurance Through Joint Action.

415:21 Health Insurance Through Joint Action. –
I. Notwithstanding any contrary provision of this chapter or of any other law, 2 or more insurance companies authorized to carry on the business of health insurance in this state may join together to offer to any resident of this state who has reached or passed his sixty-fifth birthday and to the spouse of such resident, insurance against major financial loss from accident or disease. Such insurance may be offered by such companies in their own names or in the name of a voluntary unincorporated association or other organization formed by such companies solely for the purpose of offering this type of insurance. The forms of applications, certificates and policies of such insurance and the applicable premium rates shall be filed with the insurance commissioner and shall conform to the requirements of this chapter as to forms of policies of accident and sickness insurance so far as practical and applicable and the commissioner may require such additional pertinent information as he may deem necessary and require deviation from the statutory provisions for the forms of such policies.
II. The joint action authorized by this section may be taken in connection with a plan to offer such insurance to residents of other states in combination with insurance offered to residents of this state subject to approval by the insurance commissioner.
III. A financial summary concerning any insurance written under the authority of this section shall be furnished annually to the insurance commissioner in such form as he may prescribe. If the insurance commissioner finds that any forms for such insurance are not in the public interest or that the premium rates charged are by reasonable assumptions excessive in relation to the benefits provided, he may disapprove such forms or premium rates after notice of at least 20 days and hearing. Any person aggrieved by any order or decision of the insurance commissioner under this section shall be entitled to a rehearing and appeal in accordance with the provisions of RSA 541.
Source.
1963, 295:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:22 - Newborn Children.

415:22 Newborn Children. –
I. All individual and group health insurance policies providing coverage on a provision of service or an expense incurred basis shall also provide that the health insurance benefits applicable for children are payable with respect to a newly born child of the insured or subscriber or a newly born child of a dependent child of the insured or subscriber from the moment of birth.
II. Coverage for newly born children shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities.
III. If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child and payment of the required premium or fee must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period. Unless the policy or contract specifically provides that grandchildren of the insured or subscriber are eligible for coverage, coverage for newly born children of a dependent child of the insured or subscriber shall not continue beyond the initial 31-day period following birth. Nor shall such newly born children be considered dependents of the insured for any purpose addressed in this title.
IV. This section applies to all insurance policies and subscriber contracts delivered or issued for delivery in this state including those in force as of July 5, 1975.
Source.
1975, 110:1. 1994, 166:7. 1996, 188:5, 6. 1997, 190:8, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:22-a - Coverage During Adoption Proceedings.

415:22-a Coverage During Adoption Proceedings. –
All individual and group health insurance policies which provide coverage for a family member of the insured shall, as to such family member's coverage, also provide that health insurance benefits applicable for children are payable with respect to any minor from the date such minor is placed in the custody of the insured pursuant to an adoption proceeding under the provisions of RSA 170-B. Such health insurance benefits shall terminate upon dismissal or withdrawal of the petition for adoption.
Source.
1992, 222:7, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:22-b - Notification of Allowable Benefit.

415:22-b Notification of Allowable Benefit. –
All individual and group health insurers providing benefits for medical and hospital expenses shall provide to each certificate holder, on request, a written statement of the dollar amount of allowable benefit for any procedure which is requested by the appropriate procedure code.
Source.
1993, 102:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:26 - Price of Filling Prescriptions.

415:26 Price of Filling Prescriptions. –
I. A pharmacy benefits manager or insurer shall require a contracted pharmacy to charge an enrollee or insured person the pharmacy's usual and customary price of filling the prescription or the contracted copayment, whichever is less.
II. Once it has settled a claim for filling a prescription for an enrollee or insured person and notified the pharmacy of the amount the pharmacy benefits manager or insurer shall pay to the pharmacy for that prescription, the pharmacy benefits manager or insurer shall not lower the amount to be paid to the pharmacy by the pharmacy benefits manager or the insurer for such settled claim; provided, however, that this paragraph shall not apply if the claim was submitted fraudulently or with inaccurate or misrepresented information.
III. The commissioner shall adopt rules under RSA 541-A to implement this paragraph. Such rules shall include procedures for addressing complaints, provisions for enforcement, the receipt of complaints referred to the insurance department under RSA 318:47-h, III(b), and for reporting to the board of pharmacy on the status of complaints referred.
Source.
2016, 221:7, eff. June 9, 2016.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415 - Accident and Health Insurance › Section 415:27 - Medication Synchronization.

415:27 Medication Synchronization. –
I. An individual or group health insurance plan or policy providing prescription drug coverage in New Hampshire, shall permit and apply a prorated, daily cost-sharing rate to covered prescriptions for a chronic condition that are dispensed by an in-network pharmacy for less than a 30-day supply if the prescriber and pharmacist determine the fill or refill to be in the best interest of the patient for the management or treatment of a chronic, long-term care condition and the patient requests or agrees to less than a 30-day supply for the purpose of synchronizing the patient's medications. For the purposes of this paragraph, the insured's or enrollee's maintenance prescription drugs to be synchronized shall meet all of the following requirements:
(a) They are covered by the policy, certificate, or contract described in this chapter.
(b) They are used for the management and treatment of a chronic, long-term care condition and have authorized refills that remain available to the insured or enrollee.
(c) Except as otherwise provided in this paragraph, they are not a controlled substance included in schedules II-V.
(d) They meet all utilization management requirements specific to the maintenance-prescription drugs at the time of the request to synchronize the insured's or enrollee's multiple, maintenance-prescription drugs.
(e) They are of a formulation that can be effectively split over required short-fill periods to achieve synchronization.
(f) They do not have quantity limits or dose-optimization criteria or requirements that will be violated when synchronizing the insured's or enrollee's multiple, maintenance-prescription drugs.
II. The plan or policy described in paragraph I shall apply a prorated, daily cost-sharing rate for maintenance-prescription drugs that are dispensed by an in-network pharmacy for the purpose of synchronizing the insured's or enrollee's multiple, maintenance-prescription drugs.
III. The plan or policy described in paragraph I shall not reimburse or pay any dispensing fee that is prorated. The insurer shall only pay or reimburse a dispensing fee that is based on each maintenance-prescription drug dispensed.
IV. A synchronization shall only occur once per year per maintenance-prescription drug.
Source.
2018, 103:1, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:2 - Standards for Policy Provisions.

415-A:2 Standards for Policy Provisions. –
I. The commissioner shall adopt rules to establish specific standards, including standards of full and fair disclosure, that set forth the manner, content and required disclosure for the sale of all policies of accident and health insurance which shall be in addition to, and in accordance with, applicable laws of this state, including RSA 415, which may cover but shall not be limited to:
(a) Terms of renewability.
(b) Initial and subsequent conditions of eligibility.
(c) Nonduplication of coverage provisions.
(d) Coverage of dependents.
(e) Preexisting conditions.
(f) Termination of insurance.
(g) Probationary periods.
(h) Limitations.
(i) Exceptions.
(j) Reductions.
(k) Elimination periods.
(l) Requirements for replacement.
(m) Recurrent conditions.
(n) The definition of terms including but not limited to the following: hospital, accident, sickness, injury, physician, accidental means, total disability, partial disability, nervous disorder, guaranteed renewable and noncancellable.
II. The commissioner may adopt rules prohibiting provisions which may be misleading or unreasonably confusing in connection with either the purchase of insurance or the settlement of claims; prohibiting provisions which may be contrary to the health care needs of the public or coverage which is so limited in scope as to be of no significant economic value to the holders thereof; and prohibiting provisions not otherwise specifically authorized by statute which, in the opinion of the commissioner, are unjust, unfair and unfairly discriminatory to the policyholder, certificate holder or subscriber, any other person insured under the policy, or the beneficiary.
Source.
1975, 494:1, eff. Aug. 28, 1975.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:2-a - Insurance Contracts; Welfare Recipients.

415-A:2-a Insurance Contracts;  Welfare Recipients. –
No accident or health insurance policy issued or renewed after August 28, 1981 shall contain any provision denying or limiting insurance benefits because services are rendered to an insured or a dependent who is eligible for or who receives medical assistance under RSA 167 or RSA 161.
Source.
1981, 502:3, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:2-b - Use of Term Physician in Provider Contracts.

415-A:2-b Use of Term Physician in Provider Contracts. –
No contract shall use the term physician for the purpose of allowing a health care insurer to avoid contracting with other health care professionals for health care services. A physician shall mean a person licensed to practice medicine under RSA 329. Nothing in this section shall be construed to require a health care insurer to contract with a health care provider.
Source.
1998, 377:1, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:3 - Minimum Standards for Benefits.

415-A:3 Minimum Standards for Benefits. –
I. The commissioner may adopt rules to establish minimum standards for benefits under each of the following categories of coverage:
(a) Basic hospital expense coverage.
(b) Basic medical-surgical expense coverage.
(c) Basic hospital/medical-surgical expense coverage.
(d) Hospital confinement indemnity coverage.
(e) Major medical expense coverage.
(f) Basic medical expense coverage.
(g) Disability income protection coverage.
(h) Accident only coverage.
(i) Specified disease coverage.
(j) Specified accident coverage.
(k) Limited benefit health coverage.
(l) Student major medical expense coverage.
(m) Paid family medical leave coverage.
II. Nothing in this section shall preclude the issuance of any policy or contract which combines 2 or more of the categories of coverage enumerated in subparagraphs I(a) through (m).
III. No policy shall be delivered or issued for delivery in this state which does not meet the prescribed minimum standards for the categories of coverage listed in subparagraphs I(a) through (m) which are contained within the policy unless the commissioner finds such policy will be in the public interest and such policy meets the requirements set forth in RSA 415. The commissioner may disapprove specific policy forms pursuant to RSA 415:2 and 3.
IV. The commissioner shall prescribe the method of identification of policies and contracts based upon coverages provided and may issue rules prescribing reasonable standardization and simplification of coverage to facilitate understanding and comparisons.
Source.
1975, 494:1. 2002, 207:5, 6. 2010, 188:3, 4, eff. Aug. 20, 2010. 2022, 42:11, eff. July 2, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:4 - Outline of Coverage.

415-A:4 Outline of Coverage. –
I. In order to provide for full and fair disclosure in the sale of all policies of accident and health insurance, no such policy shall be delivered or issued for delivery in this state unless:
(a) In the case of a direct response insurance product, the outline of coverage described in paragraph III accompanies the policy; and
(b) In all other cases, the outline of coverage described in paragraph III is delivered to the applicant at the time application is made and an acknowledgment of receipt or certificate of delivery of such outline is provided the insurer with the application.
II. In the event the policy is issued on a basis other than that applied for, the outline of coverage properly describing the policy must accompany the policy when it is delivered and clearly state that it is not the policy for which application was made.
III. The commissioner shall prescribe the format and content of the outline of coverage required by paragraph I. "Format" means style, arrangement and overall appearance, including such items as the size, color and prominence of type and the arrangement of text and captions. Such outline of coverage shall include a:
(a) Statement identifying the applicable categories of coverage provided by the policy or contract as prescribed in RSA 415-A:3.
(b) Description of the principal benefits and coverage provided in the policy or contract.
(c) Statement of the exceptions, reductions and limitations contained in the policy or contract.
(d) Statement of the renewal provisions including any reservation by the insurer or nonprofit hospital or medical service association of a right to change premiums.
(e) Statement that the outline is a summary of the policy or contract issued or applied for and that the policy or contract should be consulted to determine governing contractual provisions.
(f) Statement that a maternity benefits rider will be made available at the insured's request, if maternity care is not covered under the policy. Nothing in this subparagraph shall be construed to apply to supplemental health insurance and disability insurance policies.
Source.
1975, 494:1. 1993, 196:2, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:5 - Preexisting Conditions.

415-A:5 Preexisting Conditions. –
I. If an insurer or a nonprofit hospital or medical service association elects to use a simplified application form for a policy other than a Medicare supplement policy, with or without a question as to the applicant's health at the time of application, but without any questions concerning the insured's health history or medical treatment history, the policy, 9 months after the date of enrollment, must cover any loss occurring from any preexisting condition not specifically excluded from coverage by terms of the policy and, except as so provided, the policy shall not include wording that would permit a defense based upon preexisting conditions.
II. [Repealed.]
III. Health carriers issuing policies subject to RSA 420-G shall not impose any preexisting condition exclusion that is inconsistent with that chapter.
Source.
1975, 494:1. 1981, 418:1. 1995, 112:23, II. 2004, 187:4. 2007, 289:10. 2011, 189:6, eff. Aug. 13, 2011. 2019, 220:12, eff. Sept. 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:5-a - Access to Enhanced 911 System.

415-A:5-a Access to Enhanced 911 System. –
I. No accident or health insurance policy issued or renewed after July 7, 2000 shall contain any provision which establishes or promotes an emergency medical response or transportation system that encourages or directs access by an insured or enrollee in competition with or in substitution of the state enhanced 911 system or other state, county, or local government emergency medical services system.
II. Notwithstanding paragraph I, an insurer may use transportation outside the enhanced 911 or other government emergency medical services system for services that are not in response to an emergency medical condition, as defined in RSA 420-J:3, XV.
III. No accident or health insurance policy issued or renewed after July 7, 2000 shall contain any provision requiring an insured or enrollee to obtain prior authorization before accessing the enhanced 911 system or other state, county, or local government emergency medical services system for response and/or transportation for emergency services, as defined in RSA 420-J:3, XVI.
IV. No person who issues an accident or health insurance policy subject to this chapter shall use false or misleading language in its enrollment sales materials or in any other materials provided to insureds or enrollees to discourage or prohibit insureds or enrollees from accessing the enhanced 911 system for response and/or transportation for emergency services.
Source.
2000, 104:1, eff. July 7, 2000.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-A - Standards for Accident and Health Insurance › Section 415-A:6 - Adoption of Rules.

415-A:6 Adoption of Rules. –
I. Rules promulgated pursuant to this chapter shall be subject to notice and hearing pursuant to RSA 541-A. When a rule adopted pursuant to this chapter so provides, a policy of insurance issued subsequent to the rule's effective date and any optionally renewable policy of insurance renewed subsequent to the rule's effective date which does not comply with the rule shall, not less than 60 days after the rule's effective date, be construed, and the insurer or corporation shall be liable, as if the policy did comply with the rule.
II. The commissioner shall adopt rules to establish specific standards for processing benefit claims under group disability plans that shall be consistent with and not more restrictive than the United States Department of Labor Benefit Claims Procedure Regulation, 29 CFR 2560.503, as existing and thereafter amended, that sets standards for group disability plans under the Employee Retirement Income Security Act of 1974.
Source.
1975, 494:1. 2003, 175:7, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:1 - Definitions.

415-B:1 Definitions. –
In this chapter:
I. "Commissioner" means the insurance commissioner.
II. "Insurance premium finance company" means a person engaged in whole or in part in the business of entering into premium finance agreements.
III. "Licensee" means an insurance premium finance company holding a license issued under this chapter.
IV. "Person" means an individual, partnership, association, business corporation, nonprofit corporation, common law trust, joint-stock company, or any other group of individuals however organized.
V. "Premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to an insurance premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or broker in payment of premiums of an insurance contract, together with interest or discount and a service charge as authorized and limited by this chapter, and in which as security for the amount advanced the premium finance company receives an assignment of the gross unearned premiums of such insurance contract.
VI. "Default" means the failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums on a policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:2 - License Required.

415-B:2 License Required. –
I. No person shall engage in the business of a premium finance company in this state without having first obtained a premium finance company license from the commissioner, except as provided in paragraph IV.
II. The annual license fee shall be $200. Licenses may be renewed from year to year as of July 1 of each year upon payment of the license fee to the commissioner. Additionally, a premium finance company established in this state shall file with the commissioner proof of minimum capital and surplus in an amount equal to or greater than $250,000, or shall file with the commissioner a surety bond or equivalent acceptable to the commissioner in the amount of $250,000.
III. The commissioner may, at any time, require the applicant to disclose fully the identity of all stockholders, partners, officers, and employees; and he may, in his discretion, refuse to issue or renew a license in the name of any person, firm, partnership, or corporation if he is not satisfied that any officer, employee, stockholder, or partner thereof, who may materially influence the applicant's conduct, meets the standards of RSA 415-B:3, II.
IV. This section shall not require any insurance company, agent, broker, association, exchange, building or savings and loan association, bank, thrift institution, trust company, small loan company, industrial loan company or credit union authorized to do business in this state financing premiums on policies to be additionally licensed under this chapter; provided, however, that all other provisions of this chapter shall apply to such persons.
Source.
1981, 118:1. 2001, 224:7, eff. Sept. 9, 2001.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:3 - Issuance and Renewal of License.

415-B:3 Issuance and Renewal of License. –
I. Upon the filing of an application and the payment of the license fee, the commissioner shall make an investigation of each applicant and shall issue a license if the applicant is qualified in accordance with this chapter. If the commissioner does not find the applicant qualified, he shall, within 30 days after he has received such application, at the request of the applicant, give the applicant a full hearing.
II. The commissioner shall issue or renew a license when he is satisfied that the person to be licensed:
(a) Is competent and trustworthy and intends to act in good faith in the capacity involved by the license applied for;
(b) Has a good business reputation and has had experience, training or education so as to be qualified in the business for which the license is applied for; and
(c) If a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:4 - Revocation or Suspension of License; Appeal.

415-B:4 Revocation or Suspension of License;  Appeal. –
I. The commissioner may revoke or suspend the license of any premium finance company when, after investigation, the commissioner finds that:
(a) The license issued to such company was obtained by fraud;
(b) There was any misrepresentation in the application for the license;
(c) The holder of such license has shown himself untrustworthy or incompetent to act as a premium finance company; or
(d) Such company has violated any of the provisions of this chapter.
II. In lieu of revoking or suspending the license for any of the causes stated in paragraph I, after hearing as provided in paragraph III, the commissioner may subject such company to a penalty of not more than $1,500 for each offense when, in his judgment, he finds that the public interest would not be harmed by the continued operation of such company. The amount of any such penalty shall be paid by the company to the commissioner.
III. Before the commissioner shall penalize, revoke, suspend, or refuse to renew the license of any premium finance company, the aggrieved person shall be entitled to a hearing in accordance with RSA 541.
IV. If the commissioner refuses to issue a license as a premium finance company to any person, or if he revokes, suspends or refuses to renew the license of any premium finance company, or imposes a penalty on such company, after a hearing as provided under paragraph III, the applicant or licensee may appeal from such refusal to issue a license or from such adjudication in accordance with RSA 541.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:5 - Licensee's Books and Records.

415-B:5 Licensee's Books and Records. –
I. Every licensee shall maintain records of its premium finance transactions. Such records shall be open to examination and investigation by the commissioner at any time during regular business hours at any location at which such records are maintained.
II. Every licensee shall preserve its records of such premium finance transactions, including cards used in a card system, if any, for at least 2 years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic or microfilm form shall constitute compliance with this requirement.
III. Within 120 days after the completion of the fiscal year, each licensee shall file a report with the commissioner giving such information as the commissioner may require concerning the business operations during the preceding fiscal year of each licensee. Such information shall include but not be limited to a financial statement prepared according to generally accepted accounting principles and certified by a certified public accountant.
IV. Any licensee neglecting to make an annual report required by paragraph III or failing to amend such report within 15 days after notice from the commissioner shall, unless such neglect or failure is due to justifiable cause and not willful neglect, pay the state $25 for each day during which such neglect or failure continues.
V. If the licensee's records are located out of this state, the licensee at the licensee's option shall make such records available within 72 hours to the commissioner at a convenient location within the state, or pay the reasonable and necessary expenses for the commissioner or his representative to examine them at a place where they are maintained. The commissioner may designate representatives, including comparable officials of the state in which they are maintained, to inspect them on his behalf.
VI. The commissioner shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before him in any matter pertaining to this chapter.
Source.
1981, 118:1. 1985, 343:2, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:6 - Form of Premium Finance Agreement.

415-B:6 Form of Premium Finance Agreement. –
I. A premium finance agreement shall:
(a) Be dated and signed by or on behalf of the insured; and the printed portion of the agreement shall be in at least 8-point type;
(b) Contain the name and place of business of the insurance agent or broker negotiating the related insurance contract; the name and residence or the place of business of the insured as specified by him; the name and place of business of the premium finance company to which payments are to be made; a brief description of the insurance contracts involved and the amount of the premium; and
(c) Set forth the following items where applicable:
(1) The total amount of the premiums,
(2) The amount of the down payment,
(3) The principal balance (the difference between (1) and (2)),
(4) The amount of the interest or discount,
(5) The balance payable by the insured (sum of (3) and (4)), and
(6) The number of installments required, the amount of each installment expressed in dollars, and the due date or period of each installment.
II. The items set out in subparagraph I(c) need not be stated in the sequence or order in which they appear, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.
III. A premium finance agreement may contain any provision not prohibited by this chapter or by order of the commissioner.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:7 - Limitation on Interest and Other Charges.

415-B:7 Limitation on Interest and Other Charges. –
I. A premium finance company shall not charge, contract for, receive, or collect an interest or discount charge other than as permitted by this chapter.
II. The interest or discount shall be agreed upon by the parties and shall be computed on the balance of the premiums due (after subtracting the down payment made by the insured in accordance with the premium finance agreement) from the effective date of the insurance policy for which the premiums are being advanced, up to and including the date when the final installment of the premium finance agreement is payable.
III. Notwithstanding the provisions of any premium finance agreement, any insured may repay the obligation in full at any time. If the insured voluntarily prepays, he shall receive a refund credit, which shall represent at least as great a proportion of the interest or discount as the sum of the periodic balances after the month in which prepayment is made bears to the sum of all periodic balances under the schedule of installments in the agreement. Where the amount of the refund credit is less than $1, no refund need be made.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:8 - Delinquency and Cancellation Charges.

415-B:8 Delinquency and Cancellation Charges. –
I. A premium finance agreement may provide for the payment by the insured of a delinquency charge on any installment which is in default for a period of 5 consecutive days or more, of $1 to a maximum of 5 percent of the delinquent installment. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge equal to the difference between any delinquency charge imposed with respect to the installment in default and $15.
II. A premium finance agreement may provide for payment of collection costs, attorney's fees equal to 20 percent of the outstanding indebtedness, and any other charges which arise because one party breaches the contract.
III. None of the charges referred to in this section shall be considered directly or indirectly in determining whether a violation of the usury laws has occurred under a premium finance agreement.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:9 - Cancellation of Insurance Contract Upon Default.

415-B:9 Cancellation of Insurance Contract Upon Default. –
I. When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel upon default any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled by the premium finance company unless such cancellation is effected in accordance with this section.
II. After default, the premium finance company may cancel such insurance contract or contracts by mailing to the insurer a notice of cancellation, stating the effective date of cancellation. Such date shall be not less than 10 days from the date of mailing the notice. The insurance contract shall be cancelled as if such notice of cancellation had been submitted by the insured himself but without requiring the return of the insurance contract or contracts. The premium finance company shall also mail a copy of the notice of cancellation to the insured at his last known address as shown on the records of the premium finance company, and to the insurance agent or broker. Termination of workers' compensation policies shall be made pursuant to the provisions set forth in RSA 281-A:9.
III. All statutory, regulatory, and contractual restrictions providing that the insurance contract may not be cancelled unless notice is given to a governmental agency, mortgagee, or other third party shall apply where cancellation is effected under the provisions of this section. The insurer shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee, or other third party on or before the second business day after the day it receives the notice of cancellation from the premium finance company. The insurer shall determine the effective date of cancellation taking into consideration the number of days' notice required to complete the cancellation.
IV. The notice of cancellation shall state the date, not less than 10 days after its mailing, on which such cancellation shall become effective.
Source.
1981, 118:1. 1993, 210:5, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:10 - Return Premiums.

415-B:10 Return Premiums. –
Whenever a financed insurance contract is cancelled, the insurer shall return whatever gross unearned premiums are due under the insurance contract to the premium finance company for the account of the insured or insureds as soon as reasonably possible, but in any event, within 30 days after the effective date of cancellation. On auditable policies, gross unearned premiums shall be returned within 30 days after the date of the completed audit of the insured. In the event that a crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund such excess to the insured provided that no such refund shall be required if it amounts to less than $1. This section shall not apply to retrospectively rated policies.
Source.
1981, 118:1. 1988, 221:3. 1993, 210:6, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:11 - Exemption From Filing Requirements.

415-B:11 Exemption From Filing Requirements. –
No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchases, pledges, encumbrancers, successors, or assigns.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:12 - Rulemaking Authority.

415-B:12 Rulemaking Authority. –
The commissioner may adopt rules pursuant to RSA 541-A for the purposes of this chapter.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-B - Premium Finance Companies › Section 415-B:13 - Penalty.

415-B:13 Penalty. –
Any premium finance company, insurer, agent, or broker who willfully and knowingly violates any provision of this chapter shall be guilty of a misdemeanor.
Source.
1981, 118:1, eff. July 3, 1981.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-C - Consumer Guaranty Contracts › Section 415-C:2 - Exemptions.

415-C:2 Exemptions. –
I. Manufacturer's service contracts on the manufacturer's products need only comply with RSA 415-C:5, 415-C:6, 415-C:7, 415-C:9, 415-C:10, and RSA 415-C:10-a.
II. Consumer guaranty contracts are not insurance and are exempt from this state's insurance laws, except for the provisions of RSA 400-A:16 through RSA 400-A:25 or as provided by this chapter.
III. For activities related to the marketing, selling, offering for sale, issuing, making, proposing to make, and administration of consumer guaranty contracts, an obligor or related consumer guaranty contract seller, administrator, or other related person shall be exempt from this state's insurance laws, except for the provisions of RSA 400-A:16 through 400-A:25 or as provided by this chapter.
IV. An obligor, administrator, seller, or other related person who provides consumer guaranty contracts and insurance contracts is subject to the state's laws as they apply to the obligor, administrator, seller, or other related person for each type of agreement.
Source.
2004, 224:1. 2009, 215:6, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-C - Consumer Guaranty Contracts › Section 415-C:3 - Obligor Registration.

415-C:3 Obligor Registration. –
I. No obligor shall offer, administer, sell, solicit, negotiate, or act under a consumer guaranty contract in this state unless the obligor registers with the commissioner on a form prescribed by the commissioner and pays the registration fee required by RSA 400-A:29, VIII-a(a).
II. An obligor's registration shall include the following:
(a) A certified copy of the obligor's charter and bylaws.
(b) A certificate giving a full statement, under oath of the obligor's president and secretary, that the fiscal requirements stated in this chapter are met.
(c) Other information in relation to the obligor's condition as may be required by the commissioner.
III. Every obligor registration made pursuant to this chapter shall expire on the next June 14 following such registration unless renewed prior to that date. Renewal shall be made by paying an annual renewal fee pursuant to RSA 400-A:29, VIII-a(b) and supplementing the original form for any material change to the registration.
IV. Admitted insurers and unadmitted surplus lines insurers that are approved under RSA 405:24 that register as obligors are exempt from paragraph II of this section and RSA 415-C:4.
Source.
2004, 224:1, eff. Jan. 1, 2005. 2023, 154:3, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-C - Consumer Guaranty Contracts › Section 415-C:4 - Fiscal Requirements.

415-C:4 Fiscal Requirements. –
An obligor shall provide proof of financial responsibility to the insurance department by:
I. Posting a bond in the amount of at least $25,000 or 5 percent of all consumer guarantee contracts sold in New Hampshire, whichever is greater, up to a maximum of $250,000 and maintaining a reserve account in an amount no less than 40 percent of the gross consideration received for all contract fees from consumer guaranty contracts issued to New Hampshire residents less claims paid;
II. Insuring all consumer guaranty contracts under a reimbursement insurance policy issued by an insurer authorized to issue such insurance in this state; or
III. Demonstrating that the obligor, as either a stand alone company or together with the obligor's parent, maintains a net worth or stockholders' equity of $25,000,000 or more as evidenced by the obligor's annual audited financial statement or form 10K or 20F filed with the United States Securities and Exchange Commission. Proof of the above shall be deemed acceptable if not rejected in writing by the insurance commissioner within 60 days of submission.
Source.
2004, 224:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-C - Consumer Guaranty Contracts › Section 415-C:5 - Recordkeeping Requirements.

415-C:5 Recordkeeping Requirements. –
I. Books and records:
(a) An obligor shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(b) An obligor's accounts, books, and records shall include:
(1) Copies of each type of consumer guaranty contract issued.
(2) The name and address of each contract holder to the extent that the contract holder has furnished the name and address.
(3) A list of the locations where consumer guaranty contracts are marketed, sold, offered for sale, issued, made, or proposed to be made.
(4) Claims files that shall contain at least the date and description of all claims or requests for services or expenditures related to the consumer guaranty contracts.
(c) Except as provided in paragraph II, an obligor shall retain all records required under subparagraph (b) pertaining to each consumer guaranty contract holder for at least 3 years after the specified period of coverage has expired.
(d) An obligor may keep all records required under this chapter on a computer disk or other similar technology. If the records are maintained in other than hard copy, the records shall be capable of duplication to legible hard copy at the request of the commissioner.
II. An obligor discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to contract holders in this state.
III. An obligor shall make all accounts, books, and records concerning transactions regulated under this chapter or other pertinent laws available to the commissioner upon request.
Source.
2004, 224:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-C - Consumer Guaranty Contracts › Section 415-C:6 - Contract Disclosures.

415-C:6 Contract Disclosures. –
I. Consumer guaranty contracts shall not be issued, sold, or offered for sale in this state unless the obligor or a sales representative with express authority from the obligor has:
(a) Provided a receipt for, or other written evidence of, the purchase of the consumer guaranty contract to the contract holder; and
(b) Provided a copy of the consumer guaranty contract, including its terms and conditions, to the contract holder within a reasonable period of time from the date of purchase.
II. Consumer guaranty contracts marketed, sold, or offered for sale, issued, made, or proposed to be made in this state shall be dated and written in clear, understandable language and the entire contract shall be printed or typed in easy to read type.
III. Consumer guaranty contracts shall state:
(a) The total purchase price of the consumer guaranty contract. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.
(b) The specific products and services to be provided and any limitations, exceptions, or exclusions.
(c) The existence of any deductible amount, if applicable.
(d) Any terms, restrictions, or conditions governing the transferability, cancellation, and termination of the consumer guaranty contract by either the obligor or contract holder.
(e) All of the obligations and duties of the contract holder, such as the duty to meet certain conditions, protect against any further damage, and the requirement for certain service and maintenance.
(f) The procedure for obtaining prior approval, if prior approval is required.
(g) The procedure that the contract holder must take to make claims and receive service under the terms and conditions of the consumer guaranty contract, including a toll-free telephone number for service.
(h) The procedure that a contract holder may take to discuss with the obligor questions or complaints. This procedure shall include a statement substantially similar to the following: "In the event you do not receive satisfaction under this contract, you may contact the New Hampshire insurance department." The statement shall include the current address and phone number of the department.
IV. If any preexisting condition is excluded from coverage, the consumer guaranty contract must state the basis upon which the service or promised performance may be denied for such preexisting condition.
Source.
2004, 224:1, eff. Jan. 1, 2005.