Revision: Dec. 20, 2017, 12:03 p.m.
SB 424 - AS INTRODUCED
2018 SESSION
18-2837
01/03
SENATE BILL 424
AN ACT relative to property and casualty insurance.
SPONSORS: Sen. Innis, Dist 24; Sen. Carson, Dist 14; Sen. French, Dist 7; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Rep. Nigrello, Rock. 16; Rep. Abrami, Rock. 19
COMMITTEE: Commerce
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ANALYSIS
This bill makes certain changes in the laws relative to 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2837
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to property and casualty insurance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Insurance Claims Adjusters; Definitions. Amend RSA 402-B:2, III(b) to read as follows:
(b) A person employed solely to obtain facts surrounding a claim for a licensed insurance claims adjuster or to furnish technical assistance to a licensed insurance claims adjuster.
2 New Subparagraph; Insurance Claims Adjusters; Definitions; Exemptions. Amend RSA 402-B:2, III by inserting after subparagraph (d) the following new subparagraph:
(e) A person who solely performs executive, administrative, managerial, or clerical duties, or any combination thereof, and who does not investigate, negotiate, or settle claims with policyholders, claimants, or their legal representatives. Completion of a first notice of loss form is a clerical duty.
3 Regulation of Forms and Rates for Property and Casualty Insurance; Changes in Coverage. Amend RSA 412:6-a, I to read as follows:
I. In the event that a company or filing or advisory organization eliminates or reduces coverages, conditions, or definitions in its policies issued under this section other than at the request of a policyholder, the company shall attach to the policy at renewal a printed notice in each such policy explaining clearly what coverages, conditions, or definitions have been eliminated or reduced. If explanations of such reduced or eliminated coverages are not contained in the printed notice attached to its policies at renewal, then such coverages, conditions, or definitions shall remain in full force and effect without such reductions or eliminations.
4 Unfair Insurance Trade Practices; Unfair Methods, Acts, and Practices Defined. Amend RSA 417:4, XV(a)(3) to read as follows:
(3) Failing to adopt and implement [reasonable] standards for the prompt and reasonable investigation of claims arising under insurance policies;
5 Unfair Insurance Trade Practices; Unfair Methods, Acts, and Practices Defined. Amend RSA 417:4, XV(a)(13) to read as follows:
(13) Failure of an insurer to maintain a complete record of all complaints which it has received, whether or not they were deemed valid, the time it took to process the complaint, and the disposition thereof [and file an annual report thereof with the insurance department.]; or
6 Unfair Insurance Trade Practices; Unfair Methods, Acts, and Practices Defined. Amend RSA 417:4, XVII(c) to read as follows:
(c) Failing to record, maintain and produce, when requested by appropriate authority, a summary of all complaints received, whether or not they were deemed valid, the time it took to process the complaints, and the disposition thereof [and failing to file an annual report thereof with the insurance department].
7 Cancellation or Refusal to Renew Commercial Insurance; Notice of Cancellation. Amend RSA 417-C:2, I to read as follows:
I. No notice of cancellation shall be effective unless mailed or physically (not electronically) delivered by the insurer to the named insureds at least 60 days prior to the effective date of cancellation; provided, however, that where cancellation is for nonpayment of premium or substantial increase in hazard, or the cancellation notice is mailed within the first 60 days of the effective date for new policies, at least 10 days' notice of cancellation shall be given. In all instances, the reason or reasons for cancellation shall accompany or be included in the notice of cancellation. An insurer shall not be held liable in any claim or suit for damages arising solely from the insurer's compliance with the requirement that the reason for cancellation be specified.
8 Effective Date. This act shall take effect 60 days after its passage.