HB150 (2017) Detail

Relative to property and casualty insurance.


CHAPTER 55

HB 150 - FINAL VERSION

 

2Feb2017... 0028h

2017 SESSION

17-0294

01/05

 

HOUSE BILL 150

 

AN ACT relative to property and casualty insurance.

 

SPONSORS: Rep. Hunt, Ches. 11; Rep. Butler, Carr. 7

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill makes certain technical changes to the law governing property and casualty 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2Feb2017... 0028h 17-0294

01/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to property and casualty insurance.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

55:1  Property and Casualty Insurance; Scope of Chapter.  RSA 412:2, I is repealed and reenacted to read as follows:

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 RSA 401:1-a that is designated by the commissioner to be regulated under this chapter.

55:2  Property and Casualty Insurance; Approval of Form.  Amend RSA 412:5, I to read as follows:

I.  Every insurer and advisory organization shall file policy forms, endorsements, and other contract language covered by this chapter and RSA 264, for a waiting period of 30 days before it becomes effective, which period may be extended by the commissioner for an additional period not to exceed 30 days if written notice or electronic notice is given within the initial 30-day waiting period to the insurer or advisory organization which made the filing that additional time is needed for the consideration of the filing.  Upon written application by the insurer or advisory organization, the commissioner may authorize a filing which has been reviewed to become effective before the expiration of the waiting period or extension thereof.  The commissioner may disapprove such form if it contains a provision that does not comply with the requirements of law, is not in the public interest, is contrary to public policy, is inequitable, misleading, deceptive, or encourages misrepresentation of such policy.  An approved filing and any supporting information that is not exempt from disclosure by law or rule shall be open to public inspection on or after the [effective] date [of the filing] that the filing is approved or the effective date, whichever is later.  A filing shall be deemed to meet the requirements of this chapter unless disapproved by the commissioner within the waiting period or extension thereof.  Every policy issued by an insurer on an unapproved form shall constitute a separate violation under RSA 412:40.

55:3  New Paragraph; Property and Casualty Insurance.  Amend RSA 412:5 by inserting after paragraph V the following new paragraph:

VI.  This section shall not apply to mortgage guaranty insurance, surety bonds, and commercial inland marine insurance.

55:4  Property and Casualty Insurance; Requirements of Coverage.  Amend RSA 412:8, II to read as follows:

II.  No liability policy issued [or delivered in this state] with respect to any motor vehicle registered or principally garaged in this state that insures against personal risk shall contain any exclusion which would preclude coverage for intra-family or inter-spousal claims.

55:5  Property and Casualty Insurance; Rate Standards.  Amend RSA 412:15, I(a) to read as follows:

(a)  A rate in a competitive market [is not excessive] shall not be disapproved for being excessive.

55:6  Property and Casualty Insurance; Rate Standards.  Amend the introductory paragraph of RSA 412:15, IV to read as follows:

IV.  For commercial risks, except for workers' compensation which is governed by RSA 412:34, the commissioner may permit insurers to use appropriate systems of schedule rating filed by any insurer or rating bureau approved by the commissioner, subject to rules adopted under RSA 541-A, to assure the uniform and impartial application of such rating.  Insurers shall retain supporting documentation for such ratings.  Such ratings shall be:

55:7  New Subparagraph; Property and Casualty Insurance; Rate Filings.  Amend RSA 412:16, I by inserting after subparagraph (f) the following new subparagraph:

(g)  Surety bonds.

55:8  Property and Casualty Insurance; Rate Filings.  Amend RSA 412:16, II to read as follows:

II.  Every insurer shall file with the commissioner[, except as to inland marine risks which are not written according to manual rates or rating plans,] every manual, predictive models or telematics models or other models that pertain to the formulation of rates and/or premiums, minimum premium, class rate, rating schedule or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use.  Personal lines filings shall include underwriting rules used by insurers or a group of affiliated insurers to the extent necessary to determine the applicable rate and/or policy premium for an individual insured or applicant.  An insurer may file its rates by either filing its final rates or by filing a multiplier and, if applicable, an expense constant adjustment to be applied to prospective loss costs that have been filed by an advisory organization on behalf of the insurer as permitted by RSA 412:23.  Every such filing shall state the effective date, and shall indicate the character and extent of the coverage contemplated.  Information contained in the underwriting rules that does not pertain to the formulation of rates and/or premiums shall be identified by the filer as proprietary and shall be kept confidential by the department and shall not be subject to the provisions of RSA 91-A.

55:9  Property and Casualty Insurance; Nonrenewal for Filing a Claim.  Amend RSA 417-B:3-a to read as follows:

417-B:3-a  Nonrenewal for Filing a Claim.  The nonrenewal of a homeowner's insurance policy is prohibited if the nonrenewal is based solely on the insured having filed a single valid claim within any one previous or current policy term.  For policies that contain no fixed expiration date or that are issued for other than annual periods a term shall be considered each 12 month anniversary from the date of policy issuance.  Inquiries about coverage on a policy do not constitute a valid claim and shall not be the basis for nonrenewals.

55:10  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 02, 2017

Effective Date: August 01, 2017

Links


Date Body Type
Jan. 12, 2017 House Hearing
Jan. 25, 2017 House Exec Session
Feb. 2, 2017 House Floor Vote
April 4, 2017 Senate Hearing
April 20, 2017 Senate Floor Vote

Bill Text Revisions

HB150 Revision: 1034 Date: June 6, 2017, 10:59 a.m.
HB150 Revision: 1035 Date: April 20, 2017, 10:23 a.m.
HB150 Revision: 1036 Date: Feb. 6, 2017, 3:16 p.m.
HB150 Revision: 1037 Date: Jan. 30, 2017, 3:12 p.m.

Docket


June 2, 2017: Signed by Governor Sununu 06/02/2017; Chapter 55; Eff. 8/1/2017


April 20, 2017: Enrolled 04/20/2017 HJ 14 P. 26


April 27, 2017: Enrolled (In recess 04/27/2017); SJ 16


April 20, 2017: Ought to Pass: MA, VV; OT3rdg; 04/20/2017; SJ 14


April 20, 2017: Committee Report: Ought to Pass, 04/20/2017; SC 19


April 4, 2017: Hearing: 04/04/2017, Room 100, SH, 01:00 pm; SC 17


Feb. 16, 2017: Introduced 02/16/2017 and Referred to Commerce; SJ 7


Feb. 2, 2017: Ought to Pass with Amendment 0028h: MA VV 02/02/2017 HJ 5 P. 2


Feb. 2, 2017: Amendment # 2017-0028h: AA VV 02/02/2017 HJ 5 P. 2


Feb. 2, 2017: Committee Report: Ought to Pass with Amendment # 2017-0028h for 02/02/2017 (Vote 18-0; CC) HC 9 P. 2


Jan. 25, 2017: Executive Session: 01/25/2017 11:15 AM LOB 302


Jan. 17, 2017: Subcommittee Work Session: 01/17/2017 09:00 AM LOB 302


Jan. 12, 2017: Public Hearing: 01/12/2017 01:15 PM LOB 302


Jan. 4, 2017: Introduced 01/04/2017 and referred to Commerce and Consumer Affairs HJ 2 P. 18