406-B:1 Purpose. – The purpose of this chapter is to subject certain persons and insurers to the jurisdiction of the commissioner, of proceedings before the commissioner, and of the courts of this state in suits by or on behalf of the state and insureds or beneficiaries under insurance contracts. The legislature declares that it […]
406-B:10 Reporting of Unauthorized Insurance. – I. Every person investigating or adjusting any loss or claim on a subject of insurance in this state shall immediately report to the commissioner every insurance policy or contract which has been entered into by any insurer not authorized to transact such insurance in this state. II. This […]
406-B:11 Unauthorized Insurance Premium Tax. – I. Except as to premiums on lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, and premiums on unlicensed insurance procured by industrial insurers on which a tax has been paid pursuant to RSA 406-B:16, VI and premiums on independently procured insurance on […]
406-B:11-a Unauthorized Insurance Premium Tax; Insurance Transactions on Multi-State Risks. – For lawfully procured insurance premiums in unlicensed insurance companies reporting multi-state risks, the provisions of RSA 405-B shall apply. Source. 2011, 191:2, eff. Aug. 13, 2011.
406-B:12 Penalty for Unauthorized Insurance. – Any unlicensed insurer who does any unauthorized act of an insurance business as set forth in RSA 406-B:2 shall be fined in accordance with RSA 400-A:15, III. Source. 2002, 207:40, eff. July 15, 2002. 2020, 37:49, eff. Sept. 27, 2020.
406-B:13 Reciprocal Judgment. – I. Definition. In this section: (a) " Reciprocal state " means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by courts located in other states or […]
406-B:14 Short Title. – This chapter may be cited as the "Uniform Unlicensed Insurers Act." Source. 2002, 207:40, eff. July 15, 2002.
406-B:15 Separability. – If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision and to this end the provisions of this chapter are declared to […]
406-B:16 Lawfully Procured Insurance in Unlicensed Companies; Exceptions to Unauthorized Provisions. – The unauthorized provisions of this chapter do not apply to: I. The lawful transaction of surplus lines insurance. II. The lawful transaction of reinsurance by insurers. III. Transactions in this state involving a policy lawfully solicited, written, and delivered outside of this […]
406-B:16-a Lawfully Procured Insurance in Unlicensed Companies; Insurance Transactions on Multi-State Risks. – For premiums on unlicensed insurance procured by industrial insurers with tax liability for multi-state risks, the provisions of RSA 405-B shall apply. Source. 2011, 191:3, eff. Aug. 13, 2011.
406-B:17 Independently Procured Insurance. – I. Every insured who procures or causes to be procured or continues or renews insurance with any unlicensed insurer, or any insured or self-insurer who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, […]
406-B:17-a Independently Procured Insurance; Insurance Transactions on Multi-State Risks. – For premiums on unlicensed insurance independently procured with tax liability for multi-state risks, the provisions of RSA 405-B shall apply. Source. 2011, 191:4, eff. Aug. 13, 2011.
406-B:2 Insurance Business Defined. – Any of the following acts in this state effected by mail or otherwise by or on behalf of an unlicensed insurer is deemed to constitute the transaction or doing of an insurance business in this state. The venue of an act committed by mail is at the point where […]
406-B:3 Unauthorized Insurance Prohibited. – No unlicensed person or insurer shall directly or indirectly do any of the acts of an insurance business set forth in RSA 406-B:2 except as provided by and in accordance with the specific authorization of statute. In respect to the insurance of subjects resident, located or to be performed […]
406-B:4 Service of Process on Commissioner. – I. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute an irrevocable appointment by such person or insurer, binding upon such person or insurer, his or her executor, administrator or personal […]
406-B:5 Service of Process on Secretary of State. – I. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute irrevocable appointment by such person or insurer, binding upon such persons or insurer, his or her executor, administrator or […]
406-B:6 Unauthorized Person or Insurer Defense of Action. – I. Before any unauthorized person or insurer files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the commissioner instituted against such person or insurer, by service […]
406-B:7 Attorney Fees. – In an action against an unauthorized person or insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the person or insurer has failed for 30 days after demand prior to the commencement of […]
406-B:8 Validity of Insurance Contracts. – I. Except for lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, contracts of insurance independently procured, through negotiations occurring entirely outside of this state which are reported and on which premium tax is paid in accordance with RSA 406-B:17 and contracts of […]
406-B:9 Investigation and Disclosure of Insurance Contracts. – I. Whenever the commissioner has reason to believe that insurance has been effectuated by or for any person in this state with an unauthorized insurer, the commissioner shall in writing order such person to produce for examination all insurance contracts and other documents evidencing insurance with […]
