402-M:1 Definitions. – In this chapter: I. " Commissioner " means the insurance commissioner. II. " Consent " means agreement to administrative supervision by the insurer, including agreement to the terms of the supervision order. III. " Department " means the insurance department. IV. " Insurer " means and includes every entity or person […]
402-M:10 Other Laws; Conflicts; Meetings Between the Commissioner and the Supervisor. – The commissioner may meet with a supervisor appointed under this chapter and with the attorney or other representative of the supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held […]
402-M:11 Immunity. – There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or the department or their employees, agents, consultants, or counsel for any action taken by them that is within the scope of their powers and duties under this chapter […]
402-M:2 Applicability. – The provisions of this chapter shall apply to: I. All domestic insurers. II. Any other insurer doing business in this state whose state of domicile has requested in writing that the commissioner apply the provisions of the chapter regarding such insurer. Source. 2016, 17:1, eff. Jan. 1, 2017.
402-M:3 Notice to Comply with Written Requirements of Commissioner; Noncompliance; Administrative Supervision. – I. An insurer may be subject to administrative supervision by the commissioner only if the insurer gives its consent. II. Upon receiving consent of the insurer to the terms of the supervision order, the commissioner may issue an agreed supervision order […]
402-M:4 Confidentiality of Certain Proceedings and Records. – I. Except as set forth in this section, all administrative and judicial proceedings arising under this chapter shall be held privately unless a public hearing is requested by the insurer, and all proceedings, hearing, notices, correspondence, reports, orders, records, and other information in the possession of […]
402-M:5 Authority of Administrative Supervisor. – I. During the period of supervision, the commissioner, or designee, shall serve as the administrative supervisor. If the commissioner appoints a designee to serve as administrative supervisor, then such person shall have all of the powers of the commissioner granted under this section and shall be considered a […]
402-M:6 Extension of, or Early Release From, Supervision. – I. If placed under administrative supervision by an order issued pursuant to RSA 402-M:3, the commissioner shall release the insurer from the supervision order prior to the end of the specified supervision period upon finding that the abatement requirements listed in the order have been […]
402-M:7 Judicial Review. – An insurer placed under administrative supervision by the commissioner may contest any action taken pursuant to the agreed supervision order at any time during the supervision by requesting review by the superior court for Merrimack county. The court shall review the action complained of in a closed hearing and render […]
402-M:8 Administrative Election of Proceedings. – Nothing contained in this chapter shall preclude the commissioner from initiating any proceeding under RSA 402-C, including any judicial proceedings to place an insurer in conservation, rehabilitation, or liquidation proceedings or other delinquency proceedings, however designated under the laws of this state, regardless of whether the commissioner has […]
402-M:9 Rules. – The commissioner may adopt rules, pursuant to RSA 541-A, as necessary for the purposes of this chapter. Source. 2016, 17:1, eff. Jan. 1, 2017.
