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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXVII - Insurance » Title 404-C - Mandatory Risk Sharing Plans

Section 404-C:1 – Establishment of Plans.

    404-C:1 Establishment of Plans. – If the commissioner of insurance finds after a hearing that, in any part of this state, automobile insurance, aviation insurance, property insurance, workers’ compensation, accident and health insurance or any form of liability insurance is not readily available in the voluntary market, and that the public interest requires such […]

Section 404-C:10 – Transition.

    404-C:10 Transition. – Procedures established under the existing assigned risk plan as provided in RSA 412:43, II shall continue in effect until and unless changed as provided in this chapter. Source. 1971, 488:1. 2003, 150:5, eff. Jan. 1, 2004.

Section 404-C:12 – Recoupment.

    404-C:12 Recoupment. – Rates used by an insurer shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments made under RSA 404-C:11. Source. 1971, 488:1, eff. Aug. 31, 1971.

Section 404-C:13 – Voluntary Risk Sharing Plans.

    404-C:13 Voluntary Risk Sharing Plans. – Insurers doing business within this state are authorized to prepare voluntary plans providing any specified kind, line or class of insurance coverage or subdivision or combination thereof for all or any part of this state in which such insurance is not readily available in the voluntary market and […]

Section 404-C:15 – Conclusion of the New Hampshire Medical Malpractice Joint Underwriting Association’s Business; Issuance of Policies.

[RSA 404-C:15 repealed by 2015, 263:4, II, effective as provided by 2015, 263:5.]     404-C:15 Conclusion of the New Hampshire Medical Malpractice Joint Underwriting Association’s Business; Issuance of Policies. – I. Upon the effective date of this section, the insurance commissioner shall bring a petition to the superior court for Merrimack county for the receivership […]

Section 404-C:16 – Receivership of the Association.

[RSA 404-C:16 repealed by 2015, 263:4, II, effective as provided by 2015, 263:5.]     404-C:16 Receivership of the Association. – I. The insurance commissioner, as receiver of the NHMMJUA, shall, consistent with this section, RSA 404-C:14, RSA 404-C:15, RSA 404-C:17, and the provisions of RSA 402-C wind-down its business, seeking to facilitate the payment of […]

Section 404-C:17 – Closure of the NHMMJUA.

    404-C:17 Closure of the NHMMJUA. – [Paragraph I repealed by 2015, 263:4, II, effective as provided by 2015, 263:5.] I. Subject to the provisions of RSA 404-C:15 and RSA 404-C:16, the NHMMJUA’s obligations shall be wound up through rehabilitation under RSA 402-C. [Paragraph II repealed by 2015, 263:4, II, effective as provided by 2015, […]

Section 404-C:2 – Purposes and Contents of Risk Sharing Plans.

    404-C:2 Purposes and Contents of Risk Sharing Plans. – Any plan promulgated or prepared as provided in RSA 404-C:1 shall: I. Give consideration to: (a) The need for adequate and readily accessible coverage; (b) Alternative methods of improving the market affected; (c) The inherent limitations of the insurance mechanism; (d) The need for reasonable […]

Section 404-C:3 – Persons Required to Participate.

    404-C:3 Persons Required to Participate. – Each plan shall require participation by all insurers licensed in this state to write the kinds of insurance covered by the specific plan and all agents licensed to represent such insurers for the kinds of business covered by the specific plan, except that the commissioner may exclude classes […]

Section 404-C:4 – Voluntary Participation.

    404-C:4 Voluntary Participation. – The plan may provide for optional participation by insurers not required to participate as provided in RSA 404-C:3. Source. 1971, 488:1, eff. Aug. 31, 1971.

Section 404-C:5 – Classifications and Rates.

    404-C:5 Classifications and Rates. – Each plan shall provide for the method of classifying risks and making and filing rates applicable thereto. Source. 1971, 488:1, eff. Aug. 31, 1971.

Section 404-C:5-a – Workers’ Compensation Assigned Risk Plan.

    404-C:5-a Workers’ Compensation Assigned Risk Plan. – I. The workers’ compensation assigned risk plan shall provide that an employer with an experience modification factor of 1.50 or greater shall lose the entitlement to a premium discount. II. Employers who secure any portion of their obligations for compensation under RSA 281-A through self-insurance or group […]

Section 404-C:6 – Basis of Participation.

    404-C:6 Basis of Participation. – The plan shall specify the basis of participation of insurers and agents and the conditions under which risks must be accepted. Source. 1971, 488:1, eff. Aug. 31, 1971.

Section 404-C:7 – Duty to Provide Service.

    404-C:7 Duty to Provide Service. – Every participating insurer and agent shall provide to any person seeking coverages of kinds available in the plans, the services prescribed in the plans, including full information on the requirements and procedures for obtaining coverage under the plans whenever the business is not placed in the voluntary market. […]

Section 404-C:8 – Commissions.

    404-C:8 Commissions. – The commissioner shall determine reasonable and adequate commission rates to be paid to agents or brokers for coverage written under this chapter. In determining the reasonableness and adequacy of such commission rates the commissioner shall consider the commission rates paid on similar coverage in the normal market. Source. 1971, 488:1, eff. […]

Section 404-C:9 – Provision of Marketing Facilities.

    404-C:9 Provision of Marketing Facilities. – If the commissioner finds that the lack of cooperating insurers or agents in an area makes the functioning of the plan difficult, he may order that the plan appoint agents in such a manner and on such terms as he designates or take other appropriate steps to insure […]