Section 404-H:1 – Title.
404-H:1 Title. – This chapter shall be known and may be cited as the New Hampshire Insurance Guaranty Association Act of 2004. Source. 2004, 197:1, eff. Aug. 6, 2004.
404-H:1 Title. – This chapter shall be known and may be cited as the New Hampshire Insurance Guaranty Association Act of 2004. Source. 2004, 197:1, eff. Aug. 6, 2004.
404-H:10 Duties and Powers of the Commissioner. – I. The commissioner shall: (a) Forward to the association a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member company at the same time such complaint is filed with a court of competent jurisdiction. (b) Notify the association […]
404-H:11 Effect of Paid Claims. – I. Any person recovering under this chapter shall be deemed to have assigned his or her rights under the policy to the association but shall retain the right to recover from the receiver or liquidator of the insolvent insurer any amount of his or her claim under the […]
404-H:12 Exhaustion of Other Coverage. – I. Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, including but not limited to the provisions of uninsured motorist coverage of any policy, shall be required to exhaust first his or her right […]
404-H:13 Prevention of Insolvencies. – To aid in the detection and prevention of insurer insolvencies: I. The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer. Such reports and recommendations shall not be considered […]
404-H:14 Examination of the Association. – The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner. Source. 2004, 197:1, eff. Aug. 6, 2004.
404-H:15 Tax Exemption. – The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property. Source. 2004, 197:1, eff. Aug. 6, 2004.
404-H:16 Recognition of Assessments in Rates. – I. The rates and premiums charged for insurance policies to which this chapter applies may include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association. Such rates […]
404-H:17 Immunity. – There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association or its agents or employees, the board of directors, or any person serving as a representative of any director, or the commissioner or his or her […]
404-H:18 Stay of Proceedings. – All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall, subject to waiver by the association in specific cases, be stayed for 6 months and such additional time thereafter as may be determined by the […]
404-H:19 Termination of the Association. – The commissioner may by order terminate the operation of the association as to any kind of insurance with respect to which the commissioner has found, after notice and hearing, that there is in effect a statutory plan of the United States government to avoid excessive delay or financial […]
404-H:2 Purpose. – The purpose of this chapter is to provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to the extent provided in this chapter minimize financial loss to claimants or policyholders because of the insolvency of an insurer, and to permit […]
404-H:20 Advertising. – No person shall make, publish or circulate, or cause to be made, published or circulated, any statement which uses the existence of the association for the purpose of sale, solicitation or inducement to purchase any form of insurance within the scope of this chapter, provided this section shall not apply to […]
404-H:3 Scope. – This chapter shall apply to insurers with orders of liquidation with findings of insolvency that are first entered after the effective date of this chapter and shall apply to all kinds of direct insurance, but shall not be applicable to the following: I. Life, annuity, health, or disability insurance; II. Mortgage […]
404-H:4 Construction. – This chapter shall be liberally construed to effect the purpose under RSA 404-H:2 which shall constitute an aid and guide to interpretation. Source. 2004, 197:1, eff. Aug. 6, 2004.
404-H:5 Definitions. – In this chapter: I. " Account " means any one of the 3 accounts created by RSA 404-H:6. II. " Affiliate " means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person. III. " Affiliate of the […]
404-H:6 Creation of the Association. – There is created a nonprofit unincorporated legal entity to be known as the New Hampshire Insurance Guaranty Association, that shall be the same association created under RSA 404-B:6. All insurers defined as member insurers in RSA 404-H:5, XI shall be and remain members of the association as a […]
404-H:7 Board of Directors. – I. The board of directors of the association shall consist of not less than 5 nor more than 9 persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on […]
404-H:8 Powers and Duties of the Association. – I. The association shall: (a) (1) Be obligated to pay covered claims existing prior to the order of liquidation and arising within 30 days after the order of liquidation, or before the policy expiration date if less than 30 days after the order of liquidation, or […]
404-H:9 Plan of Operation. – I. The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the commissioner. II. […]