CHAPTER 101
HB 337 - FINAL VERSION
2019 SESSION
19-0638
01/04
HOUSE BILL 337
AN ACT relative to property and casualty insurance.
SPONSORS: Rep. Bartlett, Merr. 19
COMMITTEE: Commerce and Consumer Affairs
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0638
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to property and casualty insurance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
101:1 Regulation of Forms and Rates for Property and Casualty Insurance; Competitive Market. Amend RSA 412:13 to read as follows:
412:13 Competitive Market. A competitive market is presumed to exist unless the commissioner, after hearing, determines that a reasonable degree of competition does not exist in the market and the commissioner issues a ruling to that effect. Such ruling shall expire no later than [one year] 2 years after issue unless the commissioner renews the ruling after hearings and a finding as to the continued lack of a reasonable degree of competition. In determining whether a reasonable degree of competition exists, the commissioner shall consider relevant tests of workable competition pertaining to market structure, market performance and market conduct and the practical opportunities available to consumers in the market to acquire pricing and other consumer information and to compare and obtain insurance from competing insurers as further described in RSA 412:14.
101:2 Regulation of Forms and Rates for Property and Casualty Insurance; Rate Filings. Amend RSA 412:16, II to read as follows:
II. Every insurer shall file with the commissioner every manual, predictive [models] model or telematics [models] model or other [models] model that [pertain] pertains 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.
101:3 Insurance Department; Consumer Services Program. Amend RSA 400-A:15-e, III(c) to read as follows:
(c) Nothing in this section shall be construed to waive the confidential and privileged nature of all documents, materials, or other information in possession of the department pursuant to an investigation of a complaint or consumer inquiry, as provided in RSA 400-A:16.
101:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 21, 2019
Effective Date: August 20, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 10, 2019 | House | Hearing |
| Jan. 22, 2019 | House | Exec Session |
| House | Floor Vote | |
| Jan. 31, 2019 | House | Floor Vote |
| April 9, 2019 | Senate | Hearing |
| April 18, 2019 | Senate | Floor Vote |
June 21, 2019: Signed by Governor Sununu 06/21/2019; Chapter 101; Eff: 08/20/2019
May 2, 2019: Enrolled 05/02/2019 HJ 14 P. 42
May 2, 2019: Enrolled (In recess 05/02/2019); SJ 16
April 18, 2019: Ought to Pass: MA, VV; OT3rdg; 04/18/2019; SJ 13
April 18, 2019: Committee Report: Ought to Pass, 04/18/2019; Vote 5-0; CC SC 18
April 9, 2019: Hearing: 04/09/2019, Room 100, SH, 01:45 pm; SC 17
March 7, 2019: Introduced 03/07/2019 and Referred to Commerce; SJ 8
Jan. 31, 2019: Ought to Pass: MA VV 01/31/2019 HJ 4 P. 3
: Committee Report: Ought to Pass (Vote 18-0; CC)
Jan. 31, 2019: Committee Report: Ought to Pass for 01/31/2019 (Vote 18-0; CC) HC 9 P. 3
Jan. 22, 2019: Executive Session: 01/22/2019 01:30 pm LOB 302
Jan. 22, 2019: Subcommittee Work Session: 01/22/2019 11:00 am LOB 302
Jan. 10, 2019: Public Hearing: 01/10/2019 01:15 pm LOB302
Jan. 2, 2019: Introduced 01/02/2019 and referred to Commerce and Consumer Affairs HJ 2 P. 46