reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-H - Third Party Administrators › Section 402-H:13 - Examination and Audits.

402-H:13 Examination and Audits. –
The acts of the administrator are considered to be the acts of the insurer on whose behalf it is acting. An administrator may be examined as if it were the insurer. The commissioner may designate examiners or consultants, as appropriate, to perform an audit of an administrator when the commissioner considers an audit necessary. The audit shall be conducted at the expense of the administrator. Administrators shall make all records and books of account available to the examiners or consultants, and shall otherwise facilitate the performance of the audit. All claims information respecting the identities of individual claimants shall be kept confidential.
Source.
1993, 253:1. 1997, 284:13. 2006, 271:11, eff. Aug. 8, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-H - Third Party Administrators › Section 402-H:15 - Rulemaking Authority.

402-H:15 Rulemaking Authority. –
The insurance commissioner shall adopt rules under RSA 541-A as may be necessary to properly administer this chapter.
Source.
1993, 253:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-H - Third Party Administrators › Section 402-H:16 - Penalties.

402-H:16 Penalties. –
An administrator who violates or fails to comply with the provisions of this chapter or rules adopted pursuant to this chapter shall be subject to suspension or revocation of its certificate of authority or an administrative penalty not to exceed $2,500 for each violation.
Source.
1993, 253:1. 1997, 284:14, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:1 - Purpose and Scope.

402-J:1 Purpose and Scope. –
I. This chapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency and reduce costs associated with issuing and renewing insurance licenses.
II. This chapter applies to all persons required to be a licensed producer pursuant to the provisions of RSA 402:15; RSA 405:15; RSA 405:24; RSA 405:44-a; RSA 405:44-b; RSA 406-C:3; RSA 407-C:3; RSA 416-A:15; RSA 418:31; RSA 420-A:7; RSA 420-B:18; RSA 420-F:3; and New Hampshire code of administrative rules Ins 2501.03.
III. [Repealed.]
Source.
2000, 315:1. 2001, 95:1. 2005, 206:11. 2008, 18:1, II, eff. July 11, 2008. 2022, 144:6, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:3 - License Required.

402-J:3 License Required. –
I. A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this chapter.
II. Any person who shall practice or attempt to practice as an insurance producer in this state without a license shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
2000, 315:1. 2005, 206:6, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:5 - Application for Examination.

402-J:5 Application for Examination. –
I. A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to RSA 402-J:9. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer and the insurance laws and regulations of this state. Examinations required by this section shall be developed and conducted under title XXXVII and rules adopted by the commissioner.
II. The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth in RSA 400-A:29.
III. Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner as set forth in RSA 400-A:29.
IV. An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
Source.
2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:6 - Application for License.

402-J:6 Application for License. –
I. A person applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the commissioner shall find that the individual:
(a) Is at least 18 years of age.
(b) Has not committed any act that is a ground for denial, suspension, or revocation set forth in RSA 402-J:12.
(c) [Repealed.]
(d) Has paid the fees set forth in RSA 400-A:29.
(e) Has successfully passed the examinations for the line or lines of authority for which the person has applied.
II. A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the uniform business entity application. Before approving the application the commissioner shall find that:
(a) The business entity has paid the fees set forth in RSA 400-A:29; and
(b) The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws, rules, and regulations of this state. With the exception of RSA 402-L:3, V, the licensed person or persons designated by the business entity for its compliance shall be licensed to produce all of the lines of insurance that the entity is licensed to produce.
III. The commissioner may require any documents reasonably necessary to verify the information contained in an application.
IV. Each insurer that sells, solicits or negotiates any form of limited line credit insurance shall provide to each individual whose duties will include selling, soliciting or negotiating limited line credit insurance a program of instruction that may be approved by the commissioner.
Source.
2000, 315:1. 2001, 95:1. 2008, 18:1, III, eff. July 11, 2008. 2022, 223:7, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:7-a - Continuing Education.

402-J:7-a Continuing Education. –
Every 2 years, at least 60 days prior to the renewal date of their license, persons holding a producers license shall be certified by the insurance department as having completed 24 hours of continuing education instruction. Of the 24 continuing education hours required, at least 3 hours, but no more than 10 hours, shall consist of courses approved for ethics credit. Such continuing education instruction shall be approved by the insurance department. If a nonresident has complied with the continuing education requirements of his or her state of residence, he or she shall not be required to comply with requirements of this section.
Source.
2016, 109:2, eff. July 19, 2016.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:8 - Nonresident Licensing.

402-J:8 Nonresident Licensing. –
I. Unless denied licensure pursuant to RSA 402-J:12, a nonresident shall receive a nonresident producer license if:
(a) The person is currently licensed as a resident and in good standing in his or her home state.
(b) The person has submitted the proper request for licensure and has paid the fees required by RSA 400-A:29.
(c) The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to his or her home state, or in lieu of same, a completed uniform application.
(d) The person's home state awards nonresident producer licenses to residents of this state on the same basis.
II. A nonresident producer who moves from one state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within 30 days of the change of legal residence. No license application or license fee is required.
III. The commissioner may verify the producer's licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.
IV. Notwithstanding any other provision of this chapter, a person licensed as a surplus lines producer in his or her home state shall receive a nonresident surplus lines producer license pursuant to paragraph I of this section. Except as provided in paragraph I, nothing in this section otherwise amends or supersedes any provision of RSA 405:24 through RSA 405:31.
V. Notwithstanding any other provision of this chapter, a person licensed as a limited line credit insurance or other type of limited lines producer in his or her home state shall receive a nonresident limited lines producer license, pursuant to paragraph I of this section, granting the same scope of authority as granted under the license issued by the producer's home state. For the purposes of this paragraph, limited line insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to RSA 402-J:7, I(a)-(g).
VI. A nonresident insurance producer license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and the nonresident's insurance producer license remains in good standing in his or her home state. Termination of the producer's resident license shall be deemed termination of the New Hampshire nonresident producer license unless the producer timely files a change of address pursuant to paragraph II.
Source.
2000, 315:1. 2001, 95:1. 2008, 18:12, eff. July 11, 2008. 2019, 112:8, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:9 - Exemption and Examination.

402-J:9 Exemption and Examination. –
I. An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state, or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's Producer Database records, maintained by the NAIC, its affiliates or subsidiaries indicate that the producer is or was licensed in good standing for the line of authority requested.
II. A person licensed as an insurance producer in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to RSA 402-J:6. No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state, except where the commissioner determines otherwise by regulation.
Source.
2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:11 - Temporary Licensing.

402-J:11 Temporary Licensing. –
I. The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases:
(a) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license.
(b) To the designee of a licensed insurance producer entering active service in the armed forces of the United States of America.
(c) In any other circumstance where the commissioner deems that the public interest will best be served by the issuance of a license.
II. The commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.
Source.
2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:13 - Commissions.

402-J:13 Commissions. –
I. An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.
II. A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.
III. Renewal or other deferred commission may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed under this chapter at the time of the sale, solicitation, or negotiation and was so licensed at that time.
IV. An insurer or insurance producer may pay or assign commissions, service fees, brokerages, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in this state, unless the payment would violate RSA 417:4, IX.
Source.
2000, 315:1.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:14 - Appointments and Authority.

402-J:14 Appointments and Authority. –
I. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
II. To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the commissioner, a notice of appointment within 15 days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request.
III. An insurer shall pay an appointment fee, in the amount and method of payment set forth in RSA 400-A:29 for each insurance producer appointed by the insurer.
IV. While such producer's appointment remains in force, an insurer shall be bound by the acts of the person named therein within his or her apparent authority as its acknowledged producer.
V. No such company shall issue a policy or other evidence of insurance through an unlicensed producer or other unlicensed person. Any violation of this provision shall, after hearing, subject the insurer to an administrative fine, pursuant to RSA 400-A:15, III, and, upon repeated violations, the commissioner may suspend or revoke the license of the company.
Source.
2000, 315:1. 2001, 95:1. 2003, 144:5, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:16 - Reciprocity.

402-J:16 Reciprocity. –
I. The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state except the requirements imposed by RSA 402-J:8, if the applicant's home state awards nonresident licenses to residents of this state on the same basis.
II. A nonresident producer's satisfaction of his or her home state's continuing education requirements for licensed producers shall constitute satisfaction of this state's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.
Source.
2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:17 - Reporting of Actions.

402-J:17 Reporting of Actions. –
I. A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
II. Within 30 days of the initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
Source.
2000, 315:1. 2001, 95:1. 2005, 248:6, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-J - Producer Licensing › Section 402-J:19 - Severability.

402-J:19 Severability. –
If any provisions of this chapter, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
Source.
2000, 315:1.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-K - Sale of Portable Electronics Insurance › Section 402-K:1 - Definitions.

402-K:1 Definitions. –
In this chapter:
I. "Commissioner" means the insurance commissioner.
II. "Customer" means a person who purchases portable electronics or services.
III. "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
IV. "Location" means any physical location in the state of New Hampshire or any Internet website, call center site, or similar location directed to residents of the state of New Hampshire.
V. "Portable electronics" means electronic devices that are portable in nature, their accessories and services related to the use of the device.
VI. "Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. "Portable electronics insurance" does not include:
(a) A service contract governed by RSA 415-C;
(b) A service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property for the operational or structural failure of property due to a defect in materials, workmanship, accidental damage from handling, power surges, or normal wear and tear;
(c) A policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or
(d) A homeowner's, renter's, motor vehicle, commercial multi-peril, or similar policy.
VII. "Portable electronics transaction" means:
(a) The sale or lease of portable electronics by a vendor to a customer; or
(b) The sale of a service related to the use of portable electronics by a vendor to a customer.
VIII. "Supervising entity" means a business entity that is a licensed insurer or insurance producer that is appointed or authorized by an insurer to supervise the administration of a portable electronics insurance program.
IX. "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.
Source.
2012, 290:1, eff. Sept. 15, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-K - Sale of Portable Electronics Insurance › Section 402-K:2 - Licensure of Vendors.

402-K:2 Licensure of Vendors. –
I. A vendor shall hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance.
II. A limited lines license issued under this chapter shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions.
III. The supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and within 10 working days notice to the supervising entity, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity.
IV. Notwithstanding any other provision of law, a license issued pursuant to this chapter shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted in this chapter.
Source.
2012, 290:1, eff. Sept. 15, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-K - Sale of Portable Electronics Insurance › Section 402-K:3 - Marketing Requirements for Sale of Portable Electronics Insurance.

402-K:3 Marketing Requirements for Sale of Portable Electronics Insurance. –
I. At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which:
(a) Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, motor vehicle insurance policy, or other source of coverage.
(b) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services.
(c) Summarize the material terms of the insurance coverage, including:
(1) The identity of the insurer;
(2) The identity of the supervising entity;
(3) The amount of any applicable deductible and how it is to be paid;
(4) Benefits of the coverage; and
(5) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or non-original manufacturer parts or equipment.
(d) Provide a toll-free number and a summary of the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements.
(e) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
II. Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
III. Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program in compliance with RSA 417:4, VIII(e) and RSA 417-B:2-a.
IV. A certificate, endorsement, brochure, or other evidence setting forth the terms and conditions of the portable electronics insurance policy shall be provided to each enrolled customer.
Source.
2012, 290:1, eff. Sept. 15, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-K - Sale of Portable Electronics Insurance › Section 402-K:4 - Authority of Vendors of Portable Electronics.

402-K:4 Authority of Vendors of Portable Electronics. –
I. The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this chapter provided that:
(a) The vendor obtains a limited lines license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to this section.
(b) The insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the program, including development of a training program for employees and authorized representatives of the vendors. The training required by this section shall comply with the following:
(1) The training shall be delivered to employees and authorized representatives of vendors who are directly engaged in the activity of selling or offering portable electronics insurance.
(2) The training may be provided in electronic form. However, if conducted in an electronic form the supervising entity shall implement a supplemental education program regarding the portable electronics insurance product that is conducted and overseen by employees of the supervising entity who are licensed to sell, solicit, or negotiate portable electronics insurance to the extent required by RSA 402-J.
(3) Each employee and authorized representative shall receive basic instruction about the portable electronics insurance offered to customers and the disclosures required under RSA 402-K:3.
(c) No employee or authorized representative of a vendor of portable electronics shall advertise, represent, or otherwise hold himself or herself out as a non-limited lines licensed insurance producer.
II. The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer.
Source.
2012, 290:1, eff. Sept. 15, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-K - Sale of Portable Electronics Insurance › Section 402-K:5 - Suspension or Revocation of License.

402-K:5 Suspension or Revocation of License. –
If a vendor of portable electronics or its employee or authorized representative violates any provision of this chapter, the commissioner may:
I. After notice and hearing, impose fines not to exceed $500 per violation or $5,000 in the aggregate for such conduct;
II. After notice and hearing, impose other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this article, including:
(a) Suspending the privilege of transacting portable electronics insurance pursuant to this section at specific business locations where violations have occurred; and
(b) Suspending or revoking the ability of individual employees or authorized representatives to act under the license.
Source.
2012, 290:1, eff. Sept. 15, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-K - Sale of Portable Electronics Insurance › Section 402-K:7 - Application for License and Fees.

402-K:7 Application for License and Fees. –
I. A sworn application for a license under this chapter shall be made to and filed with the commissioner on forms prescribed and furnished by the commissioner.
II. The application shall provide:
(a) The name, residence address, and other information required by the commissioner for an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this chapter. However, if the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance the information noted above shall be provided for all officers, directors, and shareholder of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and
(b) The location of the applicant's home office.
III. Any vendor engaging in portable electronics insurance transactions on or before the effective date of this chapter shall apply for licensure within 90 days of the application being made available by the commissioner. Any applicant commencing operations after the effective date of this chapter shall obtain a license prior to offering portable electronics insurance.
IV. Initial licenses issued pursuant to this chapter shall expire on the second May 31 from the date of issue. Renewed licenses shall be effective for 2 years, expiring on May 31.
V. Each vendor of portable electronics licensed under this chapter shall pay to the commissioner a fee as prescribed by the commissioner but in no event shall the fee exceed $1,000 for an initial portable electronics limited lines license and $500 for each renewal thereof. However, for a vendor that is engaged in portable electronics transactions at 10 or fewer locations in the state the fee shall not exceed $100 for an initial license and for each renewal thereof.
VI. A portable electronics license which is allowed to lapse may, within 24 months from the due date of the renewal, be reinstated with a penalty in the amount of double the unpaid renewal fee for any renewal received after the due date pursuant to paragraph V.
Source.
2012, 290:1, eff. Sept. 15, 2012. 2019, 112:9, 10, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-L - Sale of Travel Insurance › Section 402-L:4 - Registration; Policy.

402-L:4 Registration;  Policy. –
I. Notwithstanding any provision of law to the contrary, a travel retailer whose insurance related activities, and those of its employees and authorized representative, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated under this chapter, is authorized to do so and receive related compensation, upon registration by the limited lines travel insurance producer as described in RSA 402-L:3, II(a)(2).
II. Travel insurance under this chapter may be provided under an individual policy or under a group or blanket policy.
III. Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's applicable underwriting standards.
Source.
2021, 119:2, Pt. I, Sec. 1, eff. Oct. 7, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-L - Sale of Travel Insurance › Section 402-L:5 - Enforcement.

402-L:5 Enforcement. –
I. The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance on behalf of the limited license travel insurance producer and under the limited lines travel insurance producers license shall be subject to RSA 417:4, VIII(e), RSA 402:J:12, and RSA 402-J:15.
II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the implementation of this chapter.
Source.
2021, 119:2, Pt. I, Sec. 1, eff. Oct. 7, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-L - Sale of Travel Insurance › Section 402-L:6 - Travel Protection Plans.

402-L:6 Travel Protection Plans. –
Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if:
I. The travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and
II. The fulfillment materials:
(a) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and
(b) Include the travel insurance disclosures and the contact information for persons providing travel assistance services, and cancellation fee waivers, as applicable.
Source.
2021, 119:2, Pt. I, Sec. 1, eff. Oct. 7, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-L - Sale of Travel Insurance › Section 402-L:8 - Travel Administrators.

402-L:8 Travel Administrators. –
I. Notwithstanding any other provisions of Title XXXVII, no person shall act or represent itself as a travel administrator for travel insurance in this state unless that person:
(a) Is a licensed property and casualty insurance producer in this state for activities permitted under that producer license;
(b) Holds a valid managing general agent license in this state; or
(c) Holds a valid third-party administrator license in this state.
II. A travel administrator and its employees are exempt from the licensing requirements of RSA 402-B for travel insurance it administers.
III. An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.
Source.
2021, 119:2, Pt. I, Sec. 1, eff. Oct. 7, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-L - Sale of Travel Insurance › Section 402-L:9 - Scope and Purposes.

402-L:9 Scope and Purposes. –
I. The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in this state.
II. The requirements of this chapter shall apply to travel insurance that covers any resident of this state, and is sold, solicited, negotiated, or offered in this state, and policies and certificates are delivered or issued for delivery in this state. It shall not apply to cancellation fee waivers or travel assistance services, except as expressly provided in this chapter.
III. All other applicable provisions of this state's insurance laws shall continue to apply to travel insurance except that the specific provisions of this chapter shall supersede any general provisions of law that would otherwise be applicable to travel insurance.
Source.
2021, 119:2, Pt. I, Sec. 1, eff. Oct. 7, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:1 - Definitions.

402-M:1 Definitions. –
In this chapter:
I. "Commissioner" means the insurance commissioner.
II. "Consent" means agreement to administrative supervision by the insurer, including agreement to the terms of the supervision order.
III. "Department" means the insurance department.
IV. "Insurer" means and includes every entity or person licensed, authorized, or permitted by the commissioner to transact the business of insurance in this state, and for which the commissioner is granted authority to conduct an examination into its affairs, including all fraternal benefit societies as defined in RSA 418 and all providers of continuing care or life care contracts as defined in RSA 420-D; provided, however, that fraternal benefit societies and providers of continuing care or life care contracts shall not be construed to be "insurers" except for the limited purpose of administrative supervision under the provisions of this chapter.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:2 - Applicability.

402-M:2 Applicability. –
The provisions of this chapter shall apply to:
I. All domestic insurers.
II. Any other insurer doing business in this state whose state of domicile has requested in writing that the commissioner apply the provisions of the chapter regarding such insurer.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:3 - Notice to Comply with Written Requirements of Commissioner; Noncompliance; Administrative Supervision.

402-M:3 Notice to Comply with Written Requirements of Commissioner;  Noncompliance;  Administrative Supervision. –
I. An insurer may be subject to administrative supervision by the commissioner only if the insurer gives its consent.
II. Upon receiving consent of the insurer to the terms of the supervision order, the commissioner may issue an agreed supervision order which shall provide:
(a) A statement of the commissioner's grounds for seeking a supervision order;
(b) A date certain upon which the supervision order shall expire, ending the supervision period;
(c) A written list to the insurer of the requirements to abate the order prior to its expiration date; and
(d) A statement that the insurer is under the supervision of the commissioner and that the commissioner is applying and effectuating the provisions of this chapter.
III. The commissioner may employ staff personnel, outside counsel, and other consultants as necessary for the proper conduct of the administrative supervision. All reasonable costs of such outside counsel and other consultants, including the costs attributable to the use of staff personnel, shall be borne by the insurer under administrative supervision.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:4 - Confidentiality of Certain Proceedings and Records.

402-M:4 Confidentiality of Certain Proceedings and Records. –
I. Except as set forth in this section, all administrative and judicial proceedings arising under this chapter shall be held privately unless a public hearing is requested by the insurer, and all proceedings, hearing, notices, correspondence, reports, orders, records, and other information in the possession of the commissioner or the department relating to the supervision of any insurer are confidential and shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties.
II. The personnel of the department shall have access to these proceedings, hearings, notices, correspondence, reports, orders, records, or information as permitted by the commissioner. Neither the commissioner nor any person who receive documents, materials, or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to paragraph I.
III. The commissioner may share the notices, correspondence, reports, orders, records, or information with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC) and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities if the commissioner determines that the disclosure is necessary or proper for the enforcement of the laws of this or another state of the United States; provided, that the recipient agrees to maintain the confidentiality of the documents, material, or other information. No waiver of any applicable privilege or claim of confidentiality shall occur as a result of the sharing of documents, materials, or other information pursuant to this paragraph.
IV. This section shall not apply to proceedings under RSA 402-C or to hearings, notices, correspondence, reports, orders, records, or other information obtained upon the appointment of a receiver for the insurer by a court of competent jurisdiction.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:5 - Authority of Administrative Supervisor.

402-M:5 Authority of Administrative Supervisor. –
I. During the period of supervision, the commissioner, or designee, shall serve as the administrative supervisor. If the commissioner appoints a designee to serve as administrative supervisor, then such person shall have all of the powers of the commissioner granted under this section and shall be considered a state officer or official under RSA 99-D. The commissioner may impose operating restrictions or requirements on the insurer during the period of administrative supervision which are deemed necessary for the protection of policyholders or the general public. The commissioner may order the insurer to:
(a) Reduce the total amount of present and potential liability for policy benefits by reinsurance;
(b) Reduce, suspend, or limit the volume of business being accepted or renewed;
(c) Reduce general insurance and commission expenses by specified methods;
(d) Increase the insurer's capital and surplus;
(e) Suspend or limit the declaration and payment of dividends by an insurer to its stockholders or to its policyholders;
(f) File reports in a form acceptable to the commissioner concerning the market value of an insurer's assets;
(g) Limit or withdraw from certain investments or discontinue certain investment practices to the extent the commissioner deems necessary;
(h) Document the adequacy of premium rates in relation to the risks insured;
(i) File, in addition to regular annual statements, interim financial reports on the form adopted by the NAIC or in such format as adopted by the commissioner; or
(j) Cease from engaging in certain business practices which are illegal or which the administrative supervisor deems harmful to policyholders or the general public.
II. In addition to the provisions of paragraph I, the commissioner may prohibit the insurer from engaging in any of the following acts during the period of supervision without the prior approval of the administrative supervisor:
(a) Dispose of, convey, or encumber any of its assets or its business in force;
(b) Withdraw any funds from its bank accounts;
(c) Lend any of its funds;
(d) Invest any of its funds;
(e) Transfer any of its property;
(f) Incur any debt, obligation, or liability;
(g) Merge or consolidate with any company;
(h) Approve new premiums or renew any policies;
(i) Enter into any new reinsurance contract or treaty;
(j) Terminate, surrender, forfeit, convert, or lapse any insurance policy, certificate, or contract, except for nonpayment of premiums due;
(k) Release, pay, or refund premium deposits, accrued cash or loan values, unearned premiums, or other reserves on any insurance policy, certificate, or contract;
(l) Make any material change in management; or
(m) Increase salaries and benefits of officers or directors or the preferential payment of bonuses, dividends, or other payments deemed preferential.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:6 - Extension of, or Early Release From, Supervision.

402-M:6 Extension of, or Early Release From, Supervision. –
I. If placed under administrative supervision by an order issued pursuant to RSA 402-M:3, the commissioner shall release the insurer from the supervision order prior to the end of the specified supervision period upon finding that the abatement requirements listed in the order have been met.
II. If the commissioner determines that the conditions giving rise to the supervision still exist at the end of the supervision period specified in the order, the commissioner may seek consent from the insurer to amend the agreed order extending the supervision period.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:7 - Judicial Review.

402-M:7 Judicial Review. –
An insurer placed under administrative supervision by the commissioner may contest any action taken pursuant to the agreed supervision order at any time during the supervision by requesting review by the superior court for Merrimack county. The court shall review the action complained of in a closed hearing and render its decision at the earliest possible date thereafter. The court may stay any action of the commissioner, pending its review of such petition. Notwithstanding the foregoing, filing of a petition for review of such action shall not automatically stay the commissioner's action, or any of the provisions of the supervision order.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:8 - Administrative Election of Proceedings.

402-M:8 Administrative Election of Proceedings. –
Nothing contained in this chapter shall preclude the commissioner from initiating any proceeding under RSA 402-C, including any judicial proceedings to place an insurer in conservation, rehabilitation, or liquidation proceedings or other delinquency proceedings, however designated under the laws of this state, regardless of whether the commissioner has previously initiated administrative supervision proceedings under this chapter against the insurer.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:10 - Other Laws; Conflicts; Meetings Between the Commissioner and the Supervisor.

402-M:10 Other Laws;  Conflicts;  Meetings Between the Commissioner and the Supervisor. –
The commissioner may meet with a supervisor appointed under this chapter and with the attorney or other representative of the supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held under authority of this chapter to carry out the commissioner's duties under this chapter or for the supervisor to carry out his or her duties under this chapter.
Source.
2016, 17:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-M - Administrative Supervision › Section 402-M:11 - Immunity.

402-M:11 Immunity. –
There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or the department or their employees, agents, consultants, or counsel for any action taken by them that is within the scope of their powers and duties under this chapter and that is performed in good faith and not in a wanton or reckless manner.
Source.
2016, 17:1, eff. Jan. 1, 2017.