reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:38 - Proof of Claim.

402-C:38 Proof of Claim. –
I.
Contents of Proof of Claim.
(a) Proof of claim shall consist of a verified statement that includes all of the following that are applicable:
1. The particulars of the claim, including the consideration given for it.
2. The identity and amount of the security on the claim.
3. The payments made on the debt, if any.
4. That the sum claimed is justly owing and that there is no setoff, counterclaim or defense to the claim.
5. Any right of priority of payment or other specific right asserted by the claimant.
6. A copy of any written instrument which is the foundation of the claim.
7. In the case of any third party claim based on a liability policy issued by the insurer, a conditional release of the insured pursuant to RSA 402-C:40, I.
8. The name and address of the claimant and the attorney who represents him, if any.
(b) No claim need be considered or allowed if it does not contain all the information under subparagraph (a) which may be applicable. The liquidator may require that a prescribed form be used and may require that other information and documents be included.
II.
Supplementary Information. At any time the liquidator may request the claimant to present information or evidence supplementary to that required under paragraph I, and may take testimony under oath, require production of affidavits or depositions or otherwise obtain additional information or evidence.
III.
Conclusiveness of Judgments. No judgment or order against an insured or the insurer entered after the filing of a successful petition for liquidation and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within 4 months before the filing of the petition need be considered as evidence of liability or of the quantum of damages.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:39 - Special Claims.

402-C:39 Special Claims. –
I.
Claims Contingent on Judgments. The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency.
II.
Claims Under Terminated Policies. Any claim that would have become absolute if there had been no termination of coverage under RSA 402-C:22, and which was not covered by insurance acquired to replace the terminated coverage, shall be allowed as if the coverage had remained in effect, unless at least 10 days before the insured event occurred either the claimant had actual notice of the termination or notice was mailed to the claimant as prescribed by RSA 402-C:26 or RSA 402-C:27, I. If allowed the claim shall share in distributions under RSA 402-C:44, II.
III.
Other Contingent Claims. A claim may be allowed even if contingent, if it is filed in accordance with RSA 402-C:37, II. It may be allowed and may participate in all dividends declared after it is filed, to the extent that it does not prejudice the orderly administration of the liquidation.
IV.
Immature Claims. Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that where justice requires the court may order them discounted at the legal rate of interest.
Source.
1969, 272:1. 1998, 99:4, eff. July 19, 1998.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:41 - Disputed Claims.

402-C:41 Disputed Claims. –
I.
Notice of Rejection and Request for Hearing. When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant and his attorney by first class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file his objections with the court. If no such filing is made, the claimant may not further object to the determination.
II.
Notice of Hearing. Whenever objections are filed with the court, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first class mail to the claimant or his attorney and to any other persons directly affected, not less than 10 nor more than 20 days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:42 - Claims of Surety.

402-C:42 Claims of Surety. –
Whenever a creditor whose claim against an insurer is secured in whole or in part by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any dividend until the amount paid to the creditor on the undertaking plus the dividends paid on the claim from the insurer's estate to creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:43 - Secured Creditors' Claims.

402-C:43 Secured Creditors' Claims. –
I. The value of any security held by a secured creditor shall be determined in one of the following ways, as the court directs:
(a) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditor;
(b) By agreement, arbitration, compromise or litigation between the creditor and the liquidator.
II. The determination shall be under the supervision and control of the court. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant surrenders his security to the liquidator, the entire claim shall be allowed as if unsecured.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:45 - Liquidator's Recommendations to the Court.

402-C:45 Liquidator's Recommendations to the Court. –
I.
Recommended Claims. The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he deems necessary. He may compound, compromise or in any other manner negotiate the amount for which claims will be recommended to the court. Unresolved disputes shall be determined under RSA 402-C:41. As often as practicable, he shall present to the court reports of claims against the insurer with his recommendations. The reports shall include the name and address of each claimant, the particulars of the claim and the amount of the claim finally recommended, if any. As soon as reasonably possible after the last day for filing claims, he shall present a list of all claims not already reported. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment values and the amounts owed. If the insurer has issued policies on the advance premium plan, the liquidator shall report the persons to whom, according to the records of the insurer, unearned premiums are owed and the amounts owed.
II.
Allowance of Claims. The court may approve, disapprove or modify any report on claims by the liquidator, except that the liquidator's agreements with other parties shall be final and binding on the court on claims settled for $500 or less. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:46 - Distribution of Assets.

402-C:46 Distribution of Assets. –
I.
Payments to Creditors. Under the direction of the court, the liquidator shall pay dividends in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.
II.
Excess Assets.
(a) Upon liquidation of a domestic mutual insurance company, any assets held in excess of its liabilities and the amounts which may be paid to its members as provided under subparagraph (b) shall be paid into the state treasury for the credit of the insurance department.
(b) The maximum amount payable upon liquidation to any member for and on account of his membership in a domestic mutual insurance company, in addition to the insurance benefits promised in the policy, shall be the total of all premium payments made by the member with interest at the legal rate compounded annually.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:47 - Unclaimed and Withheld Funds.

402-C:47 Unclaimed and Withheld Funds. –
I.
Unclaimed Funds. All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member or other person who is unknown or cannot be found or who is under disability with no person legally competent to receive his distributive share, shall be deposited with the state treasurer, and shall be paid over without interest except in accordance with RSA 402-C:44 to the person entitled thereto or his legal representative upon proof satisfactory to the state treasurer of his right thereto. Any amount on deposit not claimed within 6 years from the discharge of the liquidator is deemed abandoned and shall become the property of the state.
II.
Withheld Funds. All funds withheld under RSA 402-C:40 and not distributed shall upon discharge of the liquidator be deposited with the state treasurer and paid by him in accordance with RSA 402-C:40. Any sums remaining which under RSA 402-C:40 would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under paragraph I, unless the commissioner petitions the court to reopen the liquidation under RSA 402-C:49.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:48 - Termination of Proceedings.

402-C:48 Termination of Proceedings. –
I.
Liquidator's Application. When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders deemed appropriate, including an order to transfer to the state treasury for the credit of the insurance department any remaining funds that are uneconomic to distribute.
II.
Application by Others. Any other person may apply to the court at any time for an order under paragraph I. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:49 - Reopening Liquidation.

402-C:49 Reopening Liquidation. –
After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:50 - Disposition of Records During and After Termination of Liquidation.

402-C:50 Disposition of Records During and After Termination of Liquidation. –
Whenever it appears to the commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he or she may recommend to the court what records should be retained for future reference and what should be disposed of. The court shall enter an order thereon. Until further order of the court, the commissioner shall keep all records the court orders preserved and shall destroy the remainder whether or not the records have been photographed or otherwise reproduced.
Source.
1969, 272:1. 2003, 144:3, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:51 - External Audit of Receiver's Books.

402-C:51 External Audit of Receiver's Books. –
The court in which the proceeding is pending may, as it deems desirable, cause audits to be made of the books of the commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the commissioner and with the court. The books, records and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:52 - Conservation of Property of Foreign or Alien Insurers Found in This State.

402-C:52 Conservation of Property of Foreign or Alien Insurers Found in This State. –
I.
Grounds for Petition. If a domiciliary liquidator has not been appointed, the commissioner may apply to the superior court for Merrimack county by verified petition for an order directing him to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:
(a) Any of the grounds in RSA 402-C:15;
(b) Any of the grounds in RSA 402-C:20;
(c) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;
(d) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent;
(e) That 1) its certificate of authority to do business in this state has been revoked or that none was ever issued, and 2) there are residents of this state with outstanding claims or outstanding policies.
II.
Terms of Order. The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with any register of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that register of deeds.
III.
Transformation to Liquidation or Ancillary Receivership. The conservator may at any time petition for and the court may grant an order under RSA 402-C:53 to liquidate the assets of a foreign or alien insurer under conservation or, if appropriate, for an order under RSA 402-C:55 to be appointed ancillary receiver.
IV.
Order to Return to Company. The conservator may at any time petition the court for an order, terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon its own motion.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:53 - Liquidation of Property of Foreign or Alien Insurers Found in This State.

402-C:53 Liquidation of Property of Foreign or Alien Insurers Found in This State. –
I.
Grounds for Petition. If no domiciliary receiver has been appointed, the commissioner may apply to the superior court for Merrimack county by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds:
(a) Any of the grounds in RSA 402-C:15;
(b) Any of the grounds in RSA 402-C:20;
(c) Any of the grounds in RSA 402-C:52.
II.
Terms of Order. If it appears to the court that the best interests of creditors, policyholders and the public so require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with any register of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that register of deeds.
III.
Conversion to Ancillary Proceeding. If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under RSA 402-C:55. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under RSA 402-C:55.
IV.
Federal Receivership. On the same grounds as are specified in paragraph I, the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part thereof that the commissioner deems desirable for the protection of the policyholders and creditors in this state. The commissioner may accept appointment as federal receiver if another person files a petition.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:54 - Foreign Domiciliary Receivers in Other States.

402-C:54 Foreign Domiciliary Receivers in Other States. –
I.
Property Rights and Title: Reciprocal State. The domiciliary liquidator of an insurer domiciled in a reciprocal state shall be vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books, accounts and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state; otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts and other records of the insurer located in this state. He also shall have the right to recover the other assets of the insurer located in this state, subject to RSA 402-C:55, II.
II.
Property Rights and Title: State Not a Reciprocal State. If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state shall be vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books, accounts and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this state may petition for a conservation or liquidation order under RSA 402-C:52 or 53, or for an ancillary receivership under RSA 402-C:55, or after approval by the superior court for Merrimack county may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.
III.
Filing Claims. Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:55 - Ancillary Formal Proceedings.

402-C:55 Ancillary Formal Proceedings. –
I.
Appointment of Ancillary Receiver in This State. If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner shall file a petition with the superior court for Merrimack county requesting appointment as ancillary receiver in this state:
(a) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver;
(b) If 10 or more persons resident in this state having claims against the insurer file a petition with the commissioner requesting appointment of an ancillary receiver; or
(c) If the protection of creditors or policyholders in this state so requires.
II.
Terms of Order. The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with any register of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that register of deeds.
III.
Property Rights and Title: Ancillary Receivers in This State. When a domiciliary liquidator has been appointed in a reciprocal state, the ancillary receiver appointed in this state under paragraph I shall have the sole right to recover all the assets of the insurer in this state not already recovered by the domiciliary liquidator, except that the domiciliary liquidator shall be entitled to and have the sole right to recover balances due from agents and the books, accounts and other records of the insurer. The ancillary receiver shall have the right to recover balances due from agents and books, accounts and other records of the insurer, if such action is necessary to protect the assets because of inaction by the domiciliary liquidator. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. He shall promptly transfer all remaining assets to the domiciliary liquidator. Subject to this section, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state.
IV.
Property Rights and Title: Foreign Ancillary Receivers. When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts and other records located in their respective states, corresponding rights and powers to those prescribed in paragraph III for ancillary receivers appointed in this state.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:56 - Ancillary Summary Proceedings.

402-C:56 Ancillary Summary Proceedings. –
The commissioner in his sole discretion may institute proceedings under RSA 402-C:11-13 at the request of the commissioner or other appropriate official of the domiciliary state of any foreign or alien insurer having property located in this state.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:57 - Claims of Nonresidents Against Insurers Domiciled in This State.

402-C:57 Claims of Nonresidents Against Insurers Domiciled in This State. –
I.
Filing Claims. In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receiver, if any, in their respective states, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
II.
Proving Claims. Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claim and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in RSA 402-C:58 with respect to ancillary proceedings in this state, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in the ancillary states, but shall not be conclusive with respect to priorities against general assets under RSA 402-C:44.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:58 - Claims of Residents Against Insurers Domiciled in Reciprocal States.

402-C:58 Claims of Residents Against Insurers Domiciled in Reciprocal States. –
I.
Filing Claims. In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
II.
Proving Claims. Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his claim in this state, he shall file his claim with the court in the manner provided in RSA 402-C:37 and 38. The ancillary receiver shall make his recommendation to the court as under RSA 402-C:45. He also shall arrange a date for hearing if necessary under RSA 402-C:41 and shall give notice to the liquidator in the domiciliary state, either by registered mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by registered mail or by personal service, of his intention to contest the claim, he shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:59 - Attachment, Garnishment and Levy of Execution.

402-C:59 Attachment, Garnishment and Levy of Execution. –
During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment or levy of execution shall be commenced or maintained in this state or elsewhere against the delinquent insurer or its assets.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:60 - Interstate Priorities.

402-C:60 Interstate Priorities. –
I.
Priorities. In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located.
II.
Priority of Special Deposit Claims. The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
III.
Priority of Secured Claims. The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a general creditor, or the claim may be discharged by resort to the security in accordance with RSA 402-C:43, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
Source.
1969, 272:1, eff. June 23, 1969.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-C - Insurers Rehabilitation and Liquidation › Section 402-C:61 - Subordination of Claims for Noncooperation.

402-C:61 Subordination of Claims for Noncooperation. –
If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under RSA 402-C:44, VIII.
Source.
1969, 272:1. 1998, 99:5, eff. July 19, 1998.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:1 - Purpose and Scope.

402-D:1 Purpose and Scope. –
This chapter governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:2 - Definitions.

402-D:2 Definitions. –
In this chapter:
I. "Commissioner" means the insurance commissioner.
I-a. "Home state" means the District of Columbia and any state or territory of the United States in which a licensee maintains his or her principal place of residence or principal place of business and is licensed to act as a public adjuster.
II. "Person" means a natural person.
III. "Public adjuster" means any person who, on behalf of an insured:
(a) Directly or indirectly solicits from the insured or his or her representative the authority to act for the insured to settle or negotiate settlement or appraisal of a loss under a fire insurance or homeowner's insurance policy and who so acts for a fee or compensation from a person other than an insurer;
(b) Acts or aids, solely in relation to first party claims arising under a fire insurance or homeowner's insurance policy, on behalf of an insured person or business entity in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract;
(c) Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first party insurance claims for losses or damages arising out of fire insurance or homeowner's insurance policies; or
(d) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of fire or homeowner's insurance for another person engaged in the business of adjusting losses or damages covered by an insurance policy.
IV. "Uniform individual application" means the current version of the National Association of Insurance Commissioners (NAIC) Uniform Individual Application for resident and nonresident persons.
Source.
2006, 9:1. 2008, 18:10, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:3 - License Required.

402-D:3 License Required. –
I. A person shall not act or hold himself or herself out as a public adjuster in this state unless the person is licensed as a public adjuster in accordance with this chapter.
II. A person licensed as a public adjuster shall not represent or act as an adjuster licensed pursuant to RSA 402-B and representing an insurer in any capacity, including acting as an employee of the insurer or as an insurance claims adjuster.
III. A license as a public adjuster shall not be required of the following:
(a) An attorney-at-law admitted to practice in this state, when acting in his or her professional capacity as an attorney;
(b) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, including photographers, estimators, private investigators, engineers, and handwriting experts;
(c) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient; or
(d) A person who settles subrogation claims between insurers.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:4 - Application for License.

402-D:4 Application for License. –
I. A person applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner.
II. The applicant shall declare under penalty of perjury and 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 applicant's knowledge and belief.
III. The commissioner shall review each application and may conduct an investigation on each applicant in accordance with this chapter.
IV. The commissioner is authorized to request and receive, in connection with an application for a license hereunder, criminal history record information from the department of safety, division of state police or the department of justice, and the Federal Bureau of Investigation.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:5 - Resident License.

402-D:5 Resident License. –
I. Before issuing a public adjuster license to an applicant under this section, the commissioner shall find that the applicant:
(a) Is eligible to designate this state as his or her home state or is a nonresident who is not eligible for a license under RSA 402-D:8.
(b) Has not committed any act that is a ground for denial, suspension, or revocation of license set forth in RSA 402-D:10.
(c) Is trustworthy, reliable, and of good reputation, evidence of which may be determined by the commissioner.
(d) Is financially responsible to exercise the license and has provided proof of financial responsibility as required in RSA 402-D:11.
(e) Has paid the fees set forth in RSA 400-A:29.
(f) Maintains an office in this state with public access during regular business hours.
(g) Is at least 18 years of age.
(h) Has successfully passed the public adjuster examination.
(i) Possesses a minimum of 5 years experience in the insurance business, with some of that experience involving claims adjusting, or other experience considered sufficient by the commissioner.
II. The commissioner may require any documents reasonably necessary to verify the information contained in the application.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:6 - Examination.

402-D:6 Examination. –
I. A person applying for a public adjuster license, pursuant to RSA 402-D:4, shall pass a written examination unless exempt pursuant to RSA 402-D:7. The examination shall test the knowledge of the person concerning the duties and responsibilities of an adjuster and the insurance laws and rules of this state.
II. The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations.
III. An person 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.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:7 - Exemptions From Examination.

402-D:7 Exemptions From Examination. –
I. A person who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on a public adjuster examination shall not be required to complete any prelicensing examination. This exemption is only available if the person is currently licensed in that state or if the application is received within 12 months 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 the state or the state's producer database records, maintained by the NAIC, its affiliates, or subsidiaries, indicates that the public adjuster is or was licensed in good standing.
II. A person licensed as a public adjuster in another state based on a public adjuster examination who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to RSA 402-D:4 and RSA 402-D:5. No prelicensing examination shall be required of that person to obtain a public adjuster license.
III. A person who applies for a public adjuster license in this state who was previously licensed as a public adjuster in this state shall not be required to complete any prelicensing examination. This exemption is only available if the application is received within 12 months of the cancellation of the applicant's previous license in this state and if, at the time of cancellation, the applicant was in good standing in this state.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:8 - Nonresident License; Reciprocity.

402-D:8 Nonresident License;  Reciprocity. –
I. Unless denied licensure pursuant to RSA 402-D:10, a nonresident person shall receive a nonresident public adjuster license if:
(a) The person is currently licensed as a resident public adjuster and in good standing in his or her home state;
(b) The person has submitted the proper request for licensure, has paid the fees required by RSA 400-A:29, and has provided proof of financial responsibility as required in RSA 402-D:11;
(c) The person has submitted or transmitted to the commissioner the appropriate completed application for licensure; and
(d) The person's home state awards non-resident public adjuster licenses to residents of this state on the same basis.
II. The commissioner may verify the public adjuster's licensing status through the producer database maintained by the National Association of Insurance Commissioners (NAIC), its affiliates, or subsidiaries.
III. As a condition to continuation of a public adjuster license issued under this section, the licensee shall maintain a resident public adjuster license in his or her home state. The non-resident public adjuster license issued under this section shall terminate and be surrendered immediately to the commissioner if the home state public adjuster license terminates for any reason.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:9 - License.

402-D:9 License. –
I. Unless denied licensure pursuant to RSA 402-D:10, persons who have met the requirements of RSA 402-D:5 or RSA 402-D:8 shall be issued a public adjuster license.
II. A public adjuster license shall remain in effect unless revoked, terminated, or suspended as long as the request for renewal and fee set forth in RSA 400-A:29 is paid and any other requirements for license renewal are met by the due date.
III. The licensee shall inform the commissioner by any means acceptable to the commissioner of a change of address, change of legal name, or change of information submitted on the application within 30 days of the change.
IV. A licensed public adjuster shall be subject to RSA 417.
V. A public adjuster who allows his or her license to lapse may, within 12 months from the due date of the renewal, be issued a new public adjuster license upon the commissioner's receipt of the request for renewal. However, a penalty in the amount of double the unpaid renewal fee shall be required for the issue of the new public adjuster license. The new public adjuster license shall be effective the date the commissioner receives the request or renewal and the late payment penalty.
VI. A licensed public adjuster who is unable to comply with license renewal procedures due to military service, a long-term medical disability, or some other extenuating circumstance, may request a waiver of those procedures. The public adjuster may also request a waiver of any examination requirement, fine, or other sanction imposed for failure to comply with renewal procedures.
VII. The license shall contain the licensee's name, business street address, mailing address, personal identification number, the date of issuance, the expiration date, and any other information the commissioner deems necessary. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within 30 days of the change. Failure to timely inform the commissioner of a change in address shall result in an additional fee pursuant to RSA 400-A:29.
VIII. In order to assist in the performance of the commissioner's duties, the commissioner may contract with non-governmental entities, including the NAIC or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees and data, related to licensing that the commissioner may deem appropriate.
IX. Unless revoked by the commissioner, the license and any renewal thereof shall expire on October 1 of the second calendar year after its issue.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:11 - Bond or Letter of Credit.

402-D:11 Bond or Letter of Credit. –
I. Prior to issuance of a license as a public adjuster, the applicant shall maintain in force evidence of financial responsibility through one of the following:
(a) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state, which bond:
(1) Shall be in the amount of at least $20,000;
(2) Shall be in favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in his or her capacity as a public adjuster; and
(3) Shall not be terminated unless at least 30 days prior written notice has been filed with the commissioner and given to the licensee.
(b) An irrevocable letter of credit issued by a qualified financial institution, which letter of credit:
(1) Shall be in the sum of at least $20,000; and
(2) Shall be to an account to the commissioner and subject to lawful levy of execution by any person to whom the public adjuster has been found to be legally liable as the result of erroneous acts, failure to act, fraudulent acts, or unfair practices in his or her capacity as a public adjuster.
II. The issuer of such evidence of financial responsibility shall notify the commissioner upon termination of such policy, bond or letter of credit, unless the public adjuster replaces this evidence of financial responsibility and has presented the evidence of such replacement to the existing issue or such instrument.
III. The commissioner may ask for the evidence of such financial responsibility at any time the commissioner deems relevant.
IV. The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes impaired.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:12 - Continuing Education.

402-D:12 Continuing Education. –
I. A person, who holds a public adjuster license and who is not exempt under paragraph III, shall satisfactorily complete a minimum of 15 hours of continuing education courses, including a minimum of 3 hours of ethics, specifically designed to increase the knowledge of public adjusting duties and responsibilities during each continuing education biennium.
II. Every 2 years, at least 60 days prior to the renewal date of their license, persons holding a public adjusters license shall be certified by the insurance department as having completed 15 hours of continuing education.
III. This section shall not apply to:
(a) Licensees not licensed for one full year prior to the end of the applicable continuing education biennium; and
(b) Licensees holding nonresident public adjuster licenses who have met the continuing education requirements of their home state and whose home state gives credit to residents of this state on the same basis.
IV. Only continuing education courses approved by the commissioner shall be used to satisfy the continuing education requirement of paragraph I.
Source.
2006, 9:1, eff. May 2, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 402-D - Public Adjusters › Section 402-D:14 - Approval of Forms.

402-D:14 Approval of Forms. –
I. No contract in writing for the adjustment or appraisal for any loss shall be made until a copy of the form of such contract has been on file for 30 days with the commissioner, unless before the expiration of that period the commissioner shall have approved the form in writing, provided that the commissioner may disapprove the form within the 30-day period.
II. Contracts not containing all of the information required by RSA 402-D:13, I shall be automatically deemed disapproved. Any disapproved contract that is used by a public adjuster in violation of this paragraph shall be voidable by the consumer who signed the contract.
III. In the event of disapproval of the form, the commissioner shall notify the public adjuster and shall specify the reasons for the disapproval. The decision to disapprove the form may be appealed in accordance with RSA 541.
Source.
2006, 9:1. 2014, 31:4, eff. July 26, 2014.