412:1 Purpose. – The purpose of this chapter is: I. To protect policyholders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates. II. To promote price competition among insurers so as to provide rates that are responsive to competitive market conditions. III. To cause the provision of price and […]
412:10 Repealed by 2004, 156:8, II, eff. July 23, 2004. –
412:11 Cancellation Because of Age; Prohibited. – No insurance company authorized to transact business in this state, which insures against loss by reason of the liability to pay damages to others for damage to property or bodily injury including death, arising from the operation, maintenance, or use of motor vehicles within this state, shall […]
412:12 Physical Examinations. – When an insurer requires any person to submit to a physical examination as a prerequisite to issuance or delivery of any motor vehicle liability policy, the insurer shall assume and pay the cost of the physical examination. Source. 2003, 150:1, eff. Jan. 1, 2004.
412:13 Competitive Market. – A competitive market is presumed to exist unless the commissioner, after hearing, determines that a reasonable degree of competition does not exist in the market and the commissioner issues a ruling to that effect. Such ruling shall expire no later than 2 years after issue unless the commissioner renews the […]
412:14 Monitoring Competition. – I. In determining whether or not a competitive market exists pursuant to RSA 412:13, the commissioner shall monitor the degree of competition in this state. In doing so, the commissioner shall utilize existing relevant information, analytical systems and other sources; cause or participate in the development of new relevant information, […]
412:15 Rate Standards. – Rates shall be made in accordance with the following provisions: I. Rates shall not be excessive, inadequate, or unfairly discriminatory. (a) A rate in a competitive market shall not be disapproved for being excessive. (b) A rate in a noncompetitive market is excessive if it is likely to produce a […]
412:16 Rate Filings. – I. This section shall not apply to: (a) Financial guaranty. (b) Employment practices liability. (c) Commercial inland marine. (d) Directors and officers liability. (e) Boiler and machinery. (f) Commercial credit insurance products. (g) Surety bonds. (h) Mortgage guaranty. (i) Fiduciary liability. II. Every insurer shall file with the commissioner every […]
412:17 Cancellation Because of Age; Prohibited. – No insurance company authorized to transact business in this state, which insures against loss by reason of the liability to pay damages to others for damage to property or bodily injury including death, arising from the operation, maintenance, or use of motor vehicles within this state, shall […]
412:17-a Volunteer Drivers. – An insurer may not refuse to issue a policy of automobile insurance, as defined in RSA 417-A, to an applicant solely because the applicant is a volunteer driver. An insurer may not impose a surcharge or otherwise increase the rate for a policy of automobile insurance solely on the basis […]
412:18 Repealed by 2021, 147:3, I, eff. Sept. 21, 2021. –
412:19 Disapproval of Filings. – I. For filings made in a noncompetitive market and residual market filings, if within the waiting period or any extension thereof as provided in RSA 412:16, VIII, the commissioner finds that a filing does not meet the requirements of this chapter, written notice of disapproval shall be sent to […]
412:2 Scope of Chapter. – I. This chapter applies to all classes of property and casualty insurance that are now or may hereafter be written in any combination on risks or operations located in this state under the provisions of RSA 401:1, I, II, V, VI, VII, and VIII and any miscellaneous insurance under […]
412:20 Licensing Advisory Organizations and Statistical Agents. – I. No advisory organization or statistical agent shall provide any service relating to statistical collection or the rates of any insurance subject to this chapter, and no insurer shall utilize the services of such organization for such purposes unless the organization has obtained a license under […]
412:21 Insurers and Advisory Organizations: Prohibited Activity. – I. No insurer or advisory organization shall: (a) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market. (b) Engage in a boycott, on a concerted basis, of an insurance market. II. No insurer shall agree with any other insurer […]
412:22 Advisory Organizations and Statistical Agents; Prohibited Activity. – In addition to the other prohibitions contained in this chapter, except as specifically permitted under RSA 412:23 and RSA 412:24, no advisory organization or statistical agent shall compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit. Source. […]
412:23 Advisory Organizations; Permitted Activity. – An advisory organization in addition to other activities not prohibited, is authorized, on behalf of its members and subscribers, to: I. Develop statistical plans including territorial and class definitions. II. Collect statistical data from members, subscribers or any other source. III. Prepare, file and distribute prospective loss costs […]
412:24 Statistical Agents; Permitted Activity. – In addition to other activities not prohibited, any statistical agent is authorized, on behalf of its members and subscribers, to: I. Develop statistical plans including territorial and class definitions. II. Collect statistical data from members, subscribers or any other source. III. Distribute information that is required or directed […]
412:25 Advisory Organizations; Filing Requirements. – Every advisory organization shall file with the commissioner before the effective date every statistical plan, all prospective loss costs, provisions for special assessments and all supplementary rating information and every change or amendment or modification of any of the foregoing proposed for use in this state. Such filings […]
412:26 Joint Underwriting; Joint Reinsurance Pool; Assigned Risk and Residual Market Activities. – I. Notwithstanding RSA 412:21, II and III, insurers participating in joint underwriting, joint reinsurance pools, assigned risk or residual market mechanisms may in connection with such activity act in cooperation with each other in the making of rates, rating systems, policy […]
