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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXVII - Insurance » Title 417 - Unfair Insurance Trade Practices

Section 417:1 – Purpose of Chapter.

    417:1 Purpose of Chapter. – The purpose of this chapter is to regulate trade practices in the business of insurance, in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining or providing for the determination of all such practices […]

Section 417:10 – Orders and Penalty.

    417:10 Orders and Penalty. – I. If after hearing or at the expiration of the period set forth in a show cause order issued pursuant to this chapter, any person is found to have violated RSA 417:3, the commissioner may suspend, revoke, or refuse to renew the license of that person. The commissioner, in […]

Section 417:11 – Appeal.

    417:11 Appeal. – Any party to the proceedings aggrieved by any order or decision of the insurance commissioner pursuant to RSA 417:10 shall be entitled to an appeal to the supreme court in accordance with the provisions of RSA 541, except that in the case of a fine imposed by any order or decision, […]

Section 417:12 – Procedure as to Undefined Unfair Acts and Practices.

    417:12 Procedure as to Undefined Unfair Acts and Practices. – I. Whenever the commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined […]

Section 417:13 – Penalty.

    417:13 Penalty. – If any person violates a cease and desist order issued by the commissioner pursuant to RSA 417:12, the commissioner may suspend, revoke, or refuse to renew the license of that person. The commissioner in the commissioner’s discretion, in addition to or in lieu of such suspension, revocation, or refusal to renew, […]

Section 417:14 – Procedure Additional.

    417:14 Procedure Additional. – The powers vested in the commissioner by this chapter shall be in addition to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive. Source. 1947, 189:1, par. 14, eff. June 12, […]

Section 417:15 – Failure to Obey Subpoena.

    417:15 Failure to Obey Subpoena. – In case of refusal of any person to comply with any subpoena issued under this chapter or to testify to any matter to which such person may be lawfully interrogated, the superior court of Merrimack county or the county where said party resides on application of the commissioner […]

Section 417:16 – Immunity From Prosecution.

    417:16 Immunity From Prosecution. – If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of such person may tend to be self-incriminating or subject such person to a […]

Section 417:17 – Prohibitions.

    417:17 Prohibitions. – Any domestic insurance company may have as a director a person who is also a director of another insurance company, which may be a foreign or domestic company; provided, however, that if the effect is to substantially lessen competition generally in the insurance business or to tend to create a monopoly […]

Section 417:18 – Definitions.

    417:18 Definitions. – As used in this subdivision the following words shall have the following meaning: I. "Insurance unfair trade practices law" and similar phrases means those practices prohibited by RSA 417. II. "Consumer" means any natural person who is offered or supplied goods or services for personal, family, or household purposes. III. "Supplier" […]

Section 417:19 – Action Against Supplier.

    417:19 Action Against Supplier. – I. When a supplier, in any action or proceeding brought by the insurance commissioner, has been found to be in violation of this chapter or has been ordered to cease and desist, and said finding or order has become final, any consumer claiming to be adversely affected by the […]

Section 417:2 – Definitions.

    417:2 Definitions. – I. The term "person" shall mean any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd’s insurers, fraternal benefit society and any other legal entity, engaged in the business of insurance, including agents, brokers, and adjusters. II. "Commissioner" shall mean the commissioner of insurance of this state. III. "Creditor or lender" shall […]

Section 417:20 – Administration of Actions.

    417:20 Administration of Actions. – I. Actions under this chapter shall be administered, so far as practicable, to avoid a multiplicity of actions seeking relief for or on behalf of the same consumers. II. Actions under this chapter shall be administered, so far as practicable, to facilitate voluntary settlements. III. Whenever a consumer shall […]

Section 417:21 – Effect of Finding or Order.

    417:21 Effect of Finding or Order. – A final finding or order rendered in any proceeding before the insurance commissioner pursuant to RSA 417:10, to the effect that the defendant has engaged in an unfair insurance practice, shall be prima facie evidence against the defendant in any action or proceeding brought by any consumer […]

Section 417:22 – Venue.

    417:22 Venue. – An action under this chapter may be brought in Merrimack county superior court or any district of the United States in which the claim arose or in which the defendant resides, is found, has an agent, is licensed to do business, or is doing business. Source. 1971, 519:9, eff. Sept. 5, […]

Section 417:23 – Insurance Fraud Investigation Unit Established.

    417:23 Insurance Fraud Investigation Unit Established. – There is established in the department of insurance the insurance fraud investigation unit. The unit shall assist the commissioner, or any law enforcement agency, in investigating insurance fraud or other insurance-related criminal activity and in developing and implementing programs to prevent insurance fraud and abuse. The unit […]

Section 417:24 – Staff.

    417:24 Staff. – The commissioner shall appoint full-time, classified persons who shall be qualified by training and experience to perform the duties of their positions. Source. 1993, 357:6. 2003, 144:9, eff. Jan. 1, 2004.

Section 417:25 – Attorney General.

    417:25 Attorney General. – When requested by the commissioner, the attorney general may assign an assistant attorney general to assist the unit in the performance of its duties. Source. 1993, 357:6, eff. July 1, 1993.

Section 417:26 – Evidence Collection.

    417:26 Evidence Collection. – If, by its own inquiries or as a result of complaints, the insurance department has any reason to believe that a person has engaged in, or is engaging in, any criminal activity or any violations involving title XXXVII, it may administer oaths, serve subpoenas ordering the attendance of witnesses or […]

Section 417:27 – Inspection.

    417:27 Inspection. – If material that the unit seeks to obtain by request is located outside the state, the person so requested may make such material available for examination by the unit or its representative at the place where it is located. The unit may designate representatives, including officials of the state in which […]