reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-H - Stop Loss Insurance › Section 415-H:4 - Actuarial Certification.

415-H:4 Actuarial Certification. –
An insurer shall file with the commissioner annually on or before March 15, an actuarial certification certifying that the insurer is in compliance with this chapter. The certification shall be in a form and manner, and shall contain information, specified by the commissioner. A copy of the certification shall be retained by the insurer at its principal place of business.
Source.
2006, 217:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-H - Stop Loss Insurance › Section 415-H:5 - Rulemaking.

415-H:5 Rulemaking. –
The commissioner may adopt rules in accordance with RSA 541-A that carry out the requirements of this chapter and prescribe additional standards for stop loss insurance policies.
Source.
2006, 217:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:2 - Purpose.

415-I:2 Purpose. –
The purpose of this chapter is to promote the public interest by establishing standards for discount medical plans to protect consumers from unfair or deceptive marketing, sales, or enrollment practices and to facilitate consumer understanding of the role and function of discount medical plan organizations in providing access to medical or ancillary services.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:4 - Applicability and Scope.

415-I:4 Applicability and Scope. –
I. This chapter applies to all discount medical plan organizations doing business in or from this state.
II. This chapter shall not apply to any discount medical plan offered by, or in cooperation with, or pursuant to an agreement with the state of New Hampshire or any political subdivision of the state.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:5 - Registration Requirement.

415-I:5 Registration Requirement. –
I. Before doing business in or from this state as a medical discount plan organization, a person or entity:
(a) Shall be authorized to transact business in this state under RSA 293-A or RSA 294-A; and
(b) Shall register with the commissioner to operate as a discount medical plan organization on a form prescribed by the commissioner. The registration form shall be filed annually by June 1 of each year.
II. The provisions of subparagraph I(b) shall not apply to any person licensed in this state as a health insurer, hospital service corporation, medical service corporation, or fraternal benefit society, or any affiliate owned or controlled by such health insurer, hospital service corporation, medical service corporation, or fraternal benefit society, which may offer medical discount plans in this state pursuant to such licensure and in accordance with the provisions of this chapter.
III. Each applicant for a certificate of registration shall make an application to the commissioner upon a form to be furnished by the commissioner and fee paid pursuant to RSA 400-A:29, XXII(a). The application shall include or be accompanied by the following information and documents:
(a) Whether a previous application for a certificate of registration has been denied, revoked, suspended, or terminated for cause in any jurisdiction.
(b) Whether the applicant is under investigation for or the subject of any pending action or has been found in violation of a statute or regulation in any jurisdiction within the previous 5 years.
(c) Information, as the commissioner may require, that permits the commissioner, after reviewing all of the information submitted pursuant to this section, to make a determination that the applicant:
(1) Is financially responsible and maintains a net worth of at least $150,000 at all times;
(2) Has adequate expertise or experience to operate a discount medical plan organization; and
(3) Is competent, trustworthy, financially responsible, or of good personal and business reputation.
IV. Each certificate of registration shall expire each year on June 1. At least 60 days before a certificate of registration expires, the discount medical plan organization shall submit a renewal application to the commissioner upon a form to be furnished by the commissioner and fee paid pursuant to RSA 400-A:29, XXII(b).
Source.
2008, 206:1, eff. Jan. 1, 2009. 2022, 214:1, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:6 - Suspension and Revocation of Registration.

415-I:6 Suspension and Revocation of Registration. –
I. The commissioner may suspend or revoke the registration of a discount medical plan organization to operate in the state if the commissioner finds that any of the following conditions exist:
(a) The discount medical plan organization is not operating in compliance with this chapter.
(b) The discount medical plan organization has advertised, merchandised, or attempted to merchandise its services in such a manner as to misrepresent its services or capacity for service or has engaged in a deceptive, misleading, or unfair practice.
(c) The discount medical plan organization is not fulfilling its obligations as a discount medical plan organization.
(d) The discount medical plan organization does not have the minimum net worth as required RSA 415-I:5, III(c)(1).
(e) The continued operation of the discount medical plan organization would be hazardous to its members.
II. If the commissioner has cause to believe that grounds for the non-renewal, suspension, or revocation of the registration exists, the commissioner shall notify the discount medical plan organization in writing stating the grounds for the action and may pursue a hearing on the matter.
III. When the registration of a discount medical plan organization is suspended or revoked, the discount medical plan organization shall proceed, immediately following the effective date of the order of revocation or, in the case of a non-renewal, the date of expiration of the license, to wind up its affairs transacted. The discount medical plan organization shall not engage in any further advertising, solicitation, collecting of fees, or renewal of contracts.
IV. In lieu of or in addition to revoking a discount medical plan organization's registration under paragraph II, whenever the discount medical plan organization has been found to have violated any provision of this chapter, the commissioner may:
(a) Issue and cause to be served upon the organization charged with the violation a copy of the findings and an order requiring the organization to cease and desist from engaging in the act or practice that constitutes the violation; and
(b) Impose a civil penalty of not more than $2,500 for each violation.
V. Each registered discount medical plan organization shall notify the commissioner immediately whenever the discount medical plan organization's certificate of registration or other form of authority, to operate as a discount medical plan organization in another state is suspended, revoked, or non-renewed in that state.
Source.
2008, 206:1, eff. Jan. 1, 2009. 2022, 214:2, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:7 - Examinations and Investigations.

415-I:7 Examinations and Investigations. –
I. The commissioner may examine or investigate the business and affairs of any discount medical plan organization as necessary to protect the interests of the residents of this state.
II. An examination or investigation conducted as provided in paragraph I shall be performed in accordance with RSA 400-A:37.
III. The commissioner may:
(a) Order any discount medical plan organization or applicant that operates a discount medical plan organization to produce any records, books, files, advertising and solicitation materials or other information; and
(b) Take statements under oath to determine whether the discount medical plan organization or applicant is in violation of the law or is acting contrary to the public interest.
IV. The discount medical plan organization or applicant that is the subject of the examination or investigation shall pay the expenses reasonably incurred in conducting the examination or investigation. Failure by the discount medical plan organization or applicant to pay the expenses is grounds for denial of authority to operate as a discount medical plan organization or revocation of a registration as a discount medical plan organization.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:8 - Fees; Refund Requirements; Bundling of Services.

415-I:8 Fees;  Refund Requirements;  Bundling of Services. –
I. A discount medical plan organization may charge a periodic charge as well as a reasonable one-time processing fee for a discount medical plan.
II. If a member cancels his or her membership in the discount medical plan within the first 30 days after the date of receipt of the written document for the discount medical plan described in RSA 415-I:11, IV, the member shall receive a reimbursement of all periodic charges.
(a) Cancellation occurs when notice of cancellation is given to the discount medical plan organization.
(b) Notice of cancellation is deemed given when delivered by hand or deposited in a mailbox, properly addressed and postage prepaid to the mailing address of the discount medical plan organization or e-mailed to the e-mail address of the discount medical plan organization.
III. A discount medical plan organization shall return within 30 days any periodic charge charged or collected after the member has given the discount medical plan organization notice of cancellation.
IV. If the discount medical plan organization cancels a membership for any reason other than nonpayment of fees by the member, the discount medical plan organization shall reimburse within 30 days all periodic charges collected for membership from the date of cancellation to the member.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:9 - Provider Agreements; Participating Provider Listing Requirements.

415-I:9 Provider Agreements;  Participating Provider Listing Requirements. –
I. (a) A discount medical plan organization shall have a written provider agreement with all participating providers. The written provider agreement shall be entered into directly with the provider or indirectly with a provider network to which the provider belongs.
(b) An agreement between a discount medical plan organization and a participating provider shall include the following:
(1) A list of the medical or ancillary services and products to be provided at a discount;
(2) The amount or amounts of the discounts or, alternatively, a fee schedule that reflects the provider's discounted rates; and
(3) A statement that the provider will not charge members more than the discounted rates.
(c) An agreement between a discount medical plan organization and a provider network shall require that the provider network have written agreements with its providers that:
(1) Contain the provisions described in subparagraph (b);
(2) Authorize the provider network to contract with the discount medical plan organization on behalf of the provider; and
(3) Require the provider network to maintain an up-to-date list of its contracted providers and to provide the list on a monthly basis to the discount medical plan organization.
(d) An agreement between a discount medical plan organization and an entity that contracts with a provider network shall require that the entity, in its contract with the provider network, require the provider network to have written agreements with its providers that comply with subparagraph (c).
(e) The discount medical plan organization shall maintain a copy of each active provider agreement into which it has entered.
II. Each discount medical plan organization shall maintain on an Internet website page an up-to-date list of the names and addresses of the providers with which it has contracted directly or through a provider network. The Internet website address shall be prominently displayed on all of its advertisements, marketing materials, brochures, and discount medical plan cards.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:10 - Marketing Requirements.

415-I:10 Marketing Requirements. –
I. A discount medical plan organization may market directly or contract with other marketers for the distribution of its product.
II. The discount medical plan organization shall have an executed written agreement with a marketer prior to the marketer's marketing, promoting, selling, or distributing the discount medical plan.
III. The agreement between the discount medical plan organization and the marketer shall prohibit the marketer from using advertising, marketing materials, brochures, and discount medical plan cards without the discount medical plan organization's approval in writing.
IV. The discount medical plan organization shall be bound by and responsible for the activities of the marketer that are within the scope of the marketer's agency relationship with the organization.
V. A discount medical plan organization shall approve in writing all advertisements, marketing materials, brochures, and discount cards used by marketers to market, promote, sell, or distribute the discount medical plan prior to their use.
VI. Upon request, a discount medical plan organization shall provide to the commissioner any advertising, marketing materials, and brochures regarding a discount medical plan requested by the commissioner.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:12 - Notice of Change in Name or Address.

415-I:12 Notice of Change in Name or Address. –
Each discount medical plan organization shall provide the commissioner at least 30 days' advance notice of any change in the discount medical plan organization's name, address, principal business address or mailing address, or Internet website address.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:13 - Administrative Penalties.

415-I:13 Administrative Penalties. –
In addition to the penalties and other enforcement provisions of this chapter, any person who willfully violates this chapter is subject to administrative penalties of up to $2,500 per violation.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:14 - Injunctions.

415-I:14 Injunctions. –
I. In addition to the penalties and other enforcement provisions of this chapter, the commissioner may seek both temporary and permanent injunctive relief when:
(a) A discount medical plan is being operated by a person or entity that is not registered pursuant to this chapter; or
(b) Any person, entity, or discount medical plan organization has engaged in an activity prohibited by this chapter or rule adopted pursuant to this chapter.
II. The commissioner's authority to seek injunctive relief is not conditioned on having conducted any proceeding pursuant to the provisions of RSA 400-A:15 or RSA 541-A.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:15 - Additional Penalties.

415-I:15 Additional Penalties. –
Any violation of RSA 415-A:11, I, II, and III shall constitute an unfair or deceptive act or practice within the meaning of RSA 417:4.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:16 - Rules.

415-I:16 Rules. –
The commissioner may adopt rules, pursuant to RSA 541-A, to carry out the provisions of this chapter.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-I - Discount Medical Plan Organizations › Section 415-I:17 - Severability.

415-I:17 Severability. –
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Source.
2008, 206:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-J - New Hampshire Telemedicine Act › Section 415-J:1 - New Hampshire Telemedicine Act.

415-J:1 New Hampshire Telemedicine Act. –
This chapter shall be known and may be cited as the New Hampshire telemedicine act.
Source.
2009, 259:1, eff. Oct. 14, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 415-J - New Hampshire Telemedicine Act › Section 415-J:2 - Definitions.

415-J:2 Definitions. –
In this chapter:
I. "Distant site" means the location of the health care provider delivering services through telemedicine at the time the services are provided.
I-a. "Health benefit policy" means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, those contracts executed by the state of New Hampshire on behalf of state employees under RSA 21-I, by an insurer.
II. "Insurer" means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, preferred provider organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies.
II-a. "Originating site" means the location of the patient, whether or not accompanied by a health care provider, at the time services are provided by a health care provider through telemedicine, including, but not limited to, a health care provider's office, a hospital, or a health care facility, or the patient's home or another nonmedical environment such as a school-based health center, a university-based health center, or the patient's workplace.
II-b. "Remote patient monitoring" means the use of electronic technology to remotely monitor a patient's health status through the collection and interpretation of clinical data while the patient remains at an originating site. Remote patient monitoring may or may not take place in real time. Remote patient monitoring shall include assessment, observation, education, and virtual visits provided by all covered providers including licensed home health care providers.
II-c. "Store and forward," as it pertains to telemedicine, means the use of asynchronous electronic communications between a patient at an originating site and a health care service provider at a distant site for the purpose of diagnostic and therapeutic assistance in the care of patients. This includes the forwarding and/or transfer of stored medical data from the originating site to the distant site through the use of any electronic device that records data in its own storage and forwards its data to the distant site via telecommunication for the purpose of diagnostic and therapeutic assistance.
III. "Telemedicine," as it pertains to the delivery of health care services, means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. Telemedicine does not include the use of facsimile.
Source.
2009, 259:1, eff. Oct. 14, 2009. 2018, 267:1, 2, eff. Aug. 17, 2018. 2019, 321:3, eff. Jan. 1, 2020. 2020, 27:2, eff. Sept. 19, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416 - Surety Companies › Section 416:1 - Determination of Solvency.

416:1 Determination of Solvency. –
Fifty percent of the amount received on all outstanding contracts shall be treated as a liability by the insurance commissioner in determining the question of the solvency of any surety company.
Source.
1885, 53:2. PS 172:2. PL 282:2. RL 332:2.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416 - Surety Companies › Section 416:2 - Bonds, Approval.

416:2 Bonds, Approval. –
The judge, head of department, or other officer authorized to approve the bond of any person required by law to give a bond, may accept as a surety upon the bond any such company which has been licensed to do business in this state, and, if satisfied with the financial ability of the company, he need not require other sureties.
Source.
1885, 48:1. PS 172:3. PL 282:3. RL 332:3.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416 - Surety Companies › Section 416:3 - Expense of Bond.

416:3 Expense of Bond. –
A court or officer, whose duty it is to pass upon the account of any person required by law to give a bond, may, whenever the person has procured any such company as surety upon his bond, allow a reasonable sum for the expense of procuring such surety in the settlement of his account.
Source.
1885, 48:2. PS 172:4. PL 282:4. RL 332:4.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416 - Surety Companies › Section 416:4 - Estoppel of Surety.

416:4 Estoppel of Surety. –
Any company which shall execute a bond as surety under the provisions of this chapter shall be estopped to deny its corporate power to execute the instrument or to assume the liability.
Source.
1885, 48:3. PS 172:5. PL 282:5. RL 332:5.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416 - Surety Companies › Section 416:5 - Reinsurance.

416:5 Reinsurance. –
No surety company, whether organized under the laws of this or any other state or territory, shall assume any liability as surety on any bond which shall in amount exceed 10 percent of its net assets, without reinsuring in some surety company authorized to do business in this state the amount by which any liability may exceed said 10 percent.
Source.
1913, 53:1. PL 282:6. RL 332:6.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416 - Surety Companies › Section 416:6 - Investments.

416:6 Investments. –
Surety companies organized under the laws of this state shall invest their funds in securities that are legal investments for savings banks, and in such other investments as may be approved by the insurance commissioner.
Source.
1913, 53:2. PL 282:7. RL 332:7.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416 - Surety Companies › Section 416:7 - Conditions of Entry.

416:7 Conditions of Entry. –
Any surety company incorporated and organized under the laws of another state, for the purpose of transacting business as surety on obligations, may transact business in this state upon complying with the provisions of all laws relating to foreign insurance companies and their agents, and not otherwise.
Source.
1885, 53:1. PS 172:1. PL 282:1. RL 332:1.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:3 - Compliance Required.

416-A:3 Compliance Required. –
No company shall underwrite or issue a policy of title insurance or otherwise engage in the business of title insurance in this state unless authorized by the provisions of RSA 416-A to transact such a business.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:5 - Financial Requirements.

416-A:5 Financial Requirements. –
Every title insurance company shall have a minimum capital, which shall be paid in and maintained, of not less than $200,000 and, in addition, paid-in surplus of at least $100,000.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:6 - Determination of Insurability Required.

416-A:6 Determination of Insurability Required. –
No policy or contract of title insurance shall be written unless and until the title insurance company has caused to be conducted a reasonable examination of the title and has caused to be made a determination of insurability of title in accordance with sound underwriting practices for title insurance companies. Evidence thereof shall be preserved and retained in the files of the title insurance company or its agent or its approved attorney for a period of not less than 20 years after the policy or contract of title insurance has been issued. In lieu of retaining the original copy, the title insurance company or the agent of the title insurance company, may in the regular course of business, establish a system whereby all or part of these writings are recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for reproducing the original. This section shall not apply to either a company assuming no primary liability in a contract of reinsurance, or a company acting as a coinsurer if one of the other coinsuring companies has complied with this section.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:7 - Powers.

416-A:7 Powers. –
Every title insurance company shall have the following powers:
I. To do the business defined in RSA 416-A:2, II of this chapter.
II. To own, manage, and maintain sets of abstract books and, subject to the provisions of this chapter, make, compile, and sell abstracts of title to real estate.
III. To acquire by purchase or otherwise, and to hold, sell, mortgage, or otherwise dispose of real estate and personal property, or any interest therein, either within or without the state and to loan or borrow money upon such real estate or personal property.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:8 - Prohibitions.

416-A:8 Prohibitions. –
I. A title insurance company shall not:
(a) Engage in the business of guaranteeing the payment of the principal or the interest of bonds, notes, or other obligations.
(b) Transact, underwrite, or issue any kind of insurance other than title insurance.
II. A title insurance company or a title insurance agent shall not:
(a) Give or receive or attempt to give or receive remuneration in any form pursuant to any agreement or understanding, oral or otherwise, for the referral of title insurance business.
(b) Give or receive or attempt to give or receive any portion or percentage of any charge made or received in connection with the business of title insurance if such portion or percentage of the charge given or received is not for services actually rendered. For purposes of this chapter, "services actually rendered" shall include, but not be limited to, a reasonable examination of a title, including instruments of record, and a determination of insurability of such title in accordance with sound underwriting practices. "Services actually rendered" shall not include the mere referral of title insurance business.
Source.
1971, 561:1. 2006, 196:9. 2009, 38:1, eff. July 14, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:8-a - Compensation by Title Insurance Company.

416-A:8-a Compensation by Title Insurance Company. –
Nothing in this chapter, or in any other provision of law governing the insurance industry, shall be construed to prohibit:
I. Compensation by a title insurance company of an attorney who is licensed to practice for services actually rendered in connection with a real estate transaction, regardless of whether such attorney represents a client in such real estate transaction.
II. Payment to any person of a bona fide salary or compensation for payment of goods and facilities actually furnished or for services actually rendered.
Source.
2006, 196:10, eff. July 30, 2006.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:9 - Unearned Premium Reserve.

416-A:9 Unearned Premium Reserve. –
In lieu of those reserves required for other insurance companies, every domestic title insurance company, and every foreign or alien title insurance company which under the state of domicile is not required to maintain a substantially equivalent unearned premium reserve shall, in addition to other reserves, establish and maintain a reserve to be known as the "unearned premium reserve" for title insurance, which shall, at all times and for all purposes, constitute the unearned portions of premiums due or received and shall be charged as a reserve liability of such title insurance company in determining its financial condition. The unearned premium reserve shall be retained and held by such title insurance company for the protection of the policyholders' interest in policies which have not expired. Except upon liquidation, dissolution, or insolvency, assets equal to the amount of such reserve shall not be subject to distribution among depositors or other creditors or stockholders of such title insurance company until all claims of policyholders or holders of other title insurance contracts or agreements of such title insurance company have been paid in full and all liability on the policies or other title insurance contracts or agreements, whether contingent or actual, has been discharged or lawfully reinsured. Income from the investment of the amount of such reserve shall be the unrestricted property of the title insurance company.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:11 - Reserve for Unpaid Losses and Loss Expense.

416-A:11 Reserve for Unpaid Losses and Loss Expense. –
I. Each title insurance company, in addition to other reserves, shall at all times establish and maintain reserves against unpaid losses, and against loss expense, and shall calculate such reserves by making a careful estimate in each case of the loss and loss expense likely to be incurred, by reason of every claim presented, pursuant to notice from or on behalf of the policyholder, of a title defect in or lien or adverse claim against the title insured, that may result in a loss or cause expense to be incurred for the proper disposition of the claim. The sums of the items so estimated shall be the total amounts of the reserves against unpaid losses and loss expenses of such title insurance company.
II. The amounts so estimated may be revised from time to time as circumstances warrant, but shall be redetermined at least once each year.
III. The amounts set aside in such reserves in any year shall be deducted in determining the net profits for such year of any title insurance company.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:12 - Net Retained Liability.

416-A:12 Net Retained Liability. –
The net retained liability of any title insurance company under any single insurance risk as defined in RSA 416-A:2, IX and X, shall not exceed 50 percent of the net amount remaining after deducting from the sum of its capital, surplus, unearned premium reserve, and voluntary reserves, the value, if any, assigned in such summation to its title plant, all as shown in its most recent report on file with the commissioner. The same limitation shall apply to any secondary risk assumed by means of reinsurance or to any policy of excess coinsurance except, whenever the primary retained liability of a ceding company shall equal or exceed 10 percent of the single insurance risk liability, the net retained or assumed liability limit of this section may be increased by an additional $250,000, but in no event above 100 percent of the net amount remaining after deducting from the sum of its capital and surplus, the value, if any, assigned in such summation to its title plant, all as shown by its most recent report on file with the commissioner. Nothing in this section is intended to limit the amount of a single insurance risk, as defined in RSA 416-A:2, IX that may be written by a title insurance company; but it shall cede to one or more other title reinsurers on or before the effective date of such writing, such portion or portions of the said risk as shall be sufficient to bring its net retained liability thereunder within the limits prescribed in this section; and each such cession of risk shall be within the limits of this section as applied to the sum of the capital, surplus, unearned premium reserve, and voluntary reserves, less the value, if any, assigned in such summation to the title plants of the reinsuring company, as shown by its most recent report on file with the supervisory agency in the state of its domicile.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:13 - Power to Reinsure.

416-A:13 Power to Reinsure. –
Any title insurance company may cede reinsurance of all or any part of its liability under one or more of its policies, contracts, or reinsurance agreements of title insurance to any reinsurer which meets or exceeds the financial requirements of a title insurance company to do business in this state and is authorized to engage in the business of reinsurance of title insurance in this or any other state; but, no larger amount of reinsurance shall be ceded to any reinsurer on a single policy or contract of title insurance, or on any single insurance risk as defined in RSA 416-A:2, IX, than such reinsurer would be permitted to retain if authorized to engage in the business of title insurance in this state. Any title insurance company may also reinsure policies of title insurance issued by other insurance companies on risks located in this state or elsewhere. Any domestic title insurance company or any foreign or alien title insurance company authorized to do business in this state shall pay to this state taxes required on all business taxable within this state and reinsured, as provided in this section, with any foreign or alien company not authorized to do business within this state. Issuance of contracts of reinsurance by a reinsurer not authorized to engage in the business of title insurance in this state, but authorized to engage in the business of title insurance or in the business of reinsurance of title insurance in any of the United States, which contracts reinsure policies of title insurance issued by a title insurance company authorized to engage in the business of title insurance in this state on real property located in this state, shall not of itself constitute the doing of business in this state by such reinsurer.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:14 - Legal Investments.

416-A:14 Legal Investments. –
Title insurance companies shall comply with the investment requirements for other insurance companies, under the laws of this state, but, in addition, may invest in a title plant. Such title plant shall be considered an asset at the fair value thereof. In determining the fair value of a title plant, no value shall be attributed to furniture and fixtures. The real estate in which the title plant is housed shall be considered an investment. The value of title abstracts, title briefs, copies of conveyances or other documents, indices, and other records comprising the title plant shall be determined by considering the expenses incurred in obtaining them, the age thereof, the cost of replacements less depreciation, and all other relevant factors. Once the value of a title plant shall have been so determined, such value may be increased only by the acquisition of another title plant by purchase, consolidation, or merger. In no event shall the value of the title plant be increased by additions made thereto as part of the normal course of abstracting and insuring titles to real estate. Subject to the limitations of this section and with the approval of the commissioner, a title insurance company may enter into agreements with one or more other title insurance companies authorized to do business in this state whereby such companies shall participate in the ownership, management, and control of a title plant to serve the needs of all such companies, or such companies may hold stock of a corporation owning and operating a title plant for such purposes.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:15 - Title Insurance Agent's License.

416-A:15 Title Insurance Agent's License. –
I. Title insurance agents shall be licensed in the manner provided for agents of insurance companies by RSA 402-J, except as provided in subparagraphs (a) and (b).
(a) Nothing in this chapter shall be construed to require the licensing of an attorney at law in good standing and admitted to practice before the supreme court of New Hampshire for the purpose of an examination of title and report of title thereon to a title insurance company upon which such title insurance company may issue a policy of title insurance.
(b) Nothing in this chapter shall be construed to require the licensing of a law firm acting as agent of a title insurance company; provided that any sale, solicitation, or negotiation of a contract of title insurance is conducted by a duly licensed title insurance agent.
II. Employees of a corporate contractual agent of a title insurance company, authorized by such company, or such contractual agent, to issue or countersign binders or policies in behalf of such title insurance company shall be licensed.
III. The commissioner of insurance may require such examination of applicants for producer licenses as title insurance agents as he or she shall consider necessary to carry out the purposes of this chapter.
Source.
1971, 561:1. 2000, 315:19, 20. 2001, 95:13. 2009, 38:2, eff. July 14, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:16 - Title Insurance Agents; Certain Names Prohibited.

416-A:16 Title Insurance Agents;  Certain Names Prohibited. –
No agent for a title insurance company shall adopt a firm name containing the words "title insurance", "title guaranty", or "title guarantee", unless such words are followed by the words "agent" or "agency". The words "agent" or "agency" must be in the same size and type as the words preceding them. This section shall not apply to any title insurance company acting as agent for another title insurance company.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:17 - Rates and Rating Organizations.

416-A:17 Rates and Rating Organizations. –
I. Title insurance rates and rating organizations should be regulated in the manner provided by RSA 412:13 through RSA 412:16, and RSA 412:20 through RSA 412:25, except as otherwise provided in this section.
II. Every title insurance company shall file with the commissioner its schedule of fees or premium rates, every manual of classifications, rules and plans pertaining thereto, and every modification of any of the foregoing which it proposes to use in this state. In every such filing, the company shall set forth that portion of the fee which is designated as premium as herein defined.
Source.
1971, 561:1. 2003, 150:13. 2004, 156:5, eff. July 23, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:17-a - Filing of Forms.

416-A:17-a Filing of Forms. –
Every insurer and advisory organization shall file policy forms, endorsements, and other contract language covered by this chapter within 30 days of the effective date.
Source.
2004, 156:7. 2005, 248:8, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:18 - Laws Applicable.

416-A:18 Laws Applicable. –
I. In addition to the provisions of RSA 416-A, the laws governing insurance companies, except as they are inconsistent with the provisions of RSA 416-A shall apply to the business of title insurance and to title insurance companies.
II. The provisions of RSA 400-A:32 shall be applicable to title insurers.
Source.
1971, 561:1. 2010, 13:5, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:19 - Fees.

416-A:19 Fees. –
The commissioner of insurance shall collect whatever fees he may establish by rule or regulation, provided however, said fees bear a reasonable relationship to the cost of administering the provisions of this chapter.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:20 - Examination, Exception.

416-A:20 Examination, Exception. –
The commissioner shall waive the requirement of such examination in the following cases:
I. Nonresident applicants who are licensed as title insurance agents in the states in which they reside, or if no license is required in said states, then nonresident applicants who have engaged in the business of title insurance for a period of 6 months;
II. Residents of the state who (a) have been engaged in the business of title insurance prior to September 10, 1971 or (b) prove to the commissioner that they have passed a course on insurance conducted by an insurance company or an educational institution which course the commissioner has approved;
III. Attorneys at law.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 416-A - Title Insurance Code › Section 416-A:22 - Applicability.

416-A:22 Applicability. –
The provisions of this chapter shall apply to all title insurance companies, title insurance rating organizations, title insurance agents, applicants for title insurance, policyholders, and to all persons and business entities deemed to be engaged in the business of title insurance.
Source.
1971, 561:1, eff. Sept. 10, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:1 - Purpose of Chapter.

417:1 Purpose of Chapter. –
The purpose of this chapter is to regulate trade practices in the business of insurance, in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining or providing for the determination of all such practices which constitute in this state unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
Source.
1947, 189:1, par. 1, eff. June 12, 1947.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:2 - Definitions.

417:2 Definitions. –
I. The term "person" shall mean any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurers, fraternal benefit society and any other legal entity, engaged in the business of insurance, including agents, brokers, and adjusters.
II. "Commissioner" shall mean the commissioner of insurance of this state.
III. "Creditor or lender" shall include their successors or assigns.
Source.
1947, 189:1. RSA 417:2. 1986, 157:1, eff. May 28, 1986.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:3 - Unfair Methods Prohibited.

417:3 Unfair Methods Prohibited. –
No person shall engage in this state in any trade practice which is defined in this chapter or determined pursuant to this chapter as an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Source.
1947, 189:1, par. 3, eff. June 12, 1947.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:5 - Power of Commissioner.

417:5 Power of Commissioner. –
The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or any unfair or deceptive act or practice.
Source.
1947, 189:1, par. 5, eff. June 12, 1947.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:5-a - Cumulative Authority.

417:5-a Cumulative Authority. –
The enumeration in this chapter of powers vested in the commissioner and of specific unfair methods of competition and unfair or deceptive acts and practices in the business of insurance is not exclusive or restrictive or intended to limit the powers of the commissioner or any court of review but the provisions of such chapter are in all respects cumulative of and supplemental to the insurance code and all other applicable New Hampshire statutes and common law.
Source.
1971, 519:2, eff. Sept. 5, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:6 - Notice of Hearing.

417:6 Notice of Hearing. –
Whenever the commissioner shall have reason to believe that any such person has been engaged or is engaging in any unfair method of competition or any unfair or deceptive act or practice defined in RSA 417:4, and that a proceeding by the commissioner in respect thereto would be to the public interest, the commissioner shall issue and serve upon such person a statement of the charges and a notice of a hearing to be held at a time and place fixed in the notice, which shall not be less than 10 days after the date of the service of the notice. The notice of the hearing may be in the form of a notice to show cause, stating the proposed action to be taken unless such person shows cause at a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the proposed action.
Source.
1947, 189:1, par. 6. RSA 417:6. 1971, 519:3. 1996, 238:9, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 417 - Unfair Insurance Trade Practices › Section 417:7 - Hearing; Witnesses; Production of Books.

417:7 Hearing;  Witnesses;  Production of Books. –
At the time and place fixed for such hearing, such person shall have an opportunity to be heard. The commissioner upon such hearing may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents which the commissioner deems relevant to the inquiry. The commissioner, upon such hearing may, and upon the request of any party shall, cause to be made a written or electronic record of all the evidence offered or introduced and all proceedings had at such hearing. Nothing contained in this chapter shall require the observance at such hearing of formal rules of pleading or evidence.
Source.
1947, 189:1, par. 7. RSA 417:7. 1971, 519:4. 1996, 238:10, eff. Jan. 1, 1997.