HB1535 (2018) Detail

Relative to the penalty for unfair insurance trade practices.


HB 1535 - AS INTRODUCED

 

 

2018 SESSION

18-2621

01/03

 

HOUSE BILL 1535

 

AN ACT relative to the penalty for unfair insurance trade practices.

 

SPONSORS: Rep. Hoell, Merr. 23; Rep. Itse, Rock. 10; Rep. Seidel, Hills. 28

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill increases the penalties for unfair insurance trade practices.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2621

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the penalty for unfair insurance trade practices.

 

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

 

1  Unfair Insurance Practices; Penalties Increased.  Amend RSA 417:10 to read as follows:

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 the commissioner's discretion, in addition to or in lieu of such suspension, revocation, or refusal to renew, may impose upon that person an administrative penalty of not more than [$2,500] $10,000 for each method of competition, act, or practice found to be in violation of RSA 417:3.  The commissioner shall collect the amount so imposed and may bring an action in the name of the state to enforce collection.

II.  In lieu of the monetary penalties provided for under paragraph I, the commissioner, after hearing, may order relief for actual economic losses to restore, in whole or in part, any individual consumer, as opposed to a group or class of consumers, in interest to the position that the consumer formerly occupied either by the return of that which the consumer formerly had or by receipt of its equivalent in money.  Unless the parties agree, an order of relief under this paragraph shall not exceed [$2,500] $10,000 for each method of competition, act, or practice found to be in violation of RSA 417:3 and where a pattern of conduct or practice has been established.  Relief may be ordered under this paragraph only when the consumer in interest has agreed that such relief shall constitute a waiver of any action for the same cause that might otherwise be filed before an administrative agency or any court.  Relief ordered under this paragraph shall not apply to disputes regarding claims or losses.

2  Unfair Insurance Practices; Violation of Cease and Desist Orders; Penalty Increased.  Amend RSA 417:13 to read as follows:

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, may impose upon that person an administrative penalty of not more than [$2,500] $10,000 for each method of competition, act, or practice found to be in violation of this chapter pursuant to RSA 417:12.  The commissioner shall collect the amount so imposed and may bring an action in the name of the state to enforce collection.

3  Effective Date.  This act shall take effect January 1, 2019.

Links

HB1535 at GenCourtMobile

Action Dates

Date Body Type
Jan. 23, 2018 House Hearing
Jan. 31, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote

Bill Text Revisions

HB1535 Revision: 2132 Date: Nov. 6, 2017, 2:33 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Commerce and Consumer Affairs HJ 1 P. 14
Jan. 23, 2018 Public Hearing: 01/23/2018 10:15 AM LOB 302
Jan. 31, 2018 Subcommittee Work Session: 01/31/2018 09:00 AM LOB 302
Jan. 31, 2018 Executive Session: 01/31/2018 LOB 302
Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
Feb. 22, 2018 Committee Report: Inexpedient to Legislate for 02/22/2018 (Vote 20-0; CC) HC 7 P. 4
Feb. 22, 2018 Inexpedient to Legislate: MA VV 02/22/2018 HJ 5 P. 4