CHAPTER 12
HB 286-FN – FINAL VERSION
06Jan2010… 2009-2371h
2010 SESSION
01/04
HOUSE BILL 286-FN
AN ACT relative to life insurance form disapproval.
SPONSORS: Rep. Reardon, Merr 11
COMMITTEE: Commerce and Consumer Affairs
This bill establishes a procedure to allow the insurance commissioner to disapprove of forms for group life insurance.
This bill is a request of the insurance department.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Jan2010… 2009-2371h
09-0730
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to life insurance form disapproval.
Be it Enacted by the Senate and House of Representatives in General Court convened:
12:1 New Sections; Group Life Insurance; Disapproval of Forms. Amend RSA 408 by inserting after section 16-c the following new sections:
408:16-d Disapproval of Forms.
I. The commissioner may, within 30 days after the filing of any such form, disapprove such form:
(a) If it contains a provision or provisions which are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of such policy; or
(b) If it does not comply with the requirements of title XXXVII.
II. If the commissioner notifies the insurer which has filed any such form that it does not comply with the provisions of this chapter, it shall be unlawful thereafter for the insurer to issue the form or use it in connection with any policy. In the notice the commissioner shall specify the reasons for his or her disapproval and state that a hearing shall be granted within 20 days after request in writing by the insurer.
408:16-e Subsequent Disapproval. The commissioner may at any time, after a hearing of which not less than 20 days’ written notice shall have been given to the insurer, withdraw his or her approval of any such form on any of the grounds stated in this chapter. It shall be unlawful for the insurer to issue the form or use it in connection with any policy after the effective date of such withdrawal of approval. The notice of any hearing called under this section shall specify the matters to be considered at the hearing and any decision affirming disapproval or directing withdrawal of approval under this chapter shall be in writing and shall specify the reasons for the disapproval.
12:2 New Section; Subsequent Disapproval; Individual Policies. Amend RSA 408 by inserting after section 2-a the following new section:
408:2-b Subsequent Disapproval; Individual Policies. The commissioner may at any time, after a hearing of which not less than 20 days’ written notice shall have been given to the insurer, withdraw his or her approval of any such form on any of the grounds stated in this chapter. It shall be unlawful for the insurer to issue the form or use it in connection with any policy after the effective date of such withdrawal of approval. The notice of any hearing called under this section shall specify the matters to be considered at the hearing and any decision affirming disapproval or directing withdrawal of approval under this chapter shall be in writing and shall specify the reasons for the disapproval.
12:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 7, 2010
Effective Date: July 6, 2010