Bill Text - SB36 (2021)

Relative to residency under auto insurance policies.


Revision: July 26, 2021, 11:33 a.m.

CHAPTER 147

SB 36 - FINAL VERSION

 

3Jun2021... 1303h

2021 SESSION

21-0563

11/06

 

SENATE BILL 36

 

AN ACT relative to residency under auto insurance policies.

 

SPONSORS: Sen. French, Dist 7; Sen. Hennessey, Dist 1; Sen. Ricciardi, Dist 9; Sen. Giuda, Dist 2; Sen. Sherman, Dist 24; Sen. Soucy, Dist 18; Sen. Reagan, Dist 17; Rep. Pearl, Merr. 26

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill repeals the requirement that applicants for coverage under new policies of automobile insurance sign statements of residency.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jun2021... 1303h 21-0563

11/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to residency under auto insurance policies.

 

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

 

147:1  Prohibition on Nonresident Automobile Insurance.  RSA 412:9 is repealed and reenacted to read as follows:

412:9  Prohibition on Nonresident Automobile Insurance.  Policies of automobile insurance, as defined in RSA 417-A, shall only be issued and renewed to residents of the state of New Hampshire, except that such policies shall also be permitted to be sold to any person if the vehicle insured is exclusively garaged in New Hampshire.  Notwithstanding any other provision of law to the contrary, no individual shall be provided coverage under a policy of automobile insurance, as defined in RSA 417-A, if such applicant or applicants have been determined by the insurer to have intentionally misrepresented their residency status or exclusive garaging status at the time of initial application or renewal.  Payment shall be made by the insurer with respect to accidents for all valid bodily injury and property damage liability claims and all valid uninsured motorist claims by individuals other than the applicant or applicants who made the intentional misrepresentation.  However, the insurer shall be legally entitled to reimbursement by the policyholder for all such paid claims.

147:2  Automobile Insurance; Cancellation; Grounds.  Amend RSA 417-A:4, IV to read as follows:

IV.  [Failure to sign the New Hampshire residency form as required by RSA 417-A:3-b.] Named insured was not a resident of the state of New Hampshire at the time the policy was issued or renewed, unless the insured vehicle at issue was exclusively garaged in New Hampshire when the policy was issued or renewed.

147:3  Repeal.  The following are repealed:

I.  RSA 412:18, relative to the exclusion of certain claims in calculation of premium rates.

II.  RSA 417-A:3-b, relative to statements of residency for automobile insurance policies.

147:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 23, 2021

Effective Date: September 21, 2021

CHAPTER 147

SB 36 - FINAL VERSION

 

3Jun2021... 1303h

2021 SESSION

21-0563

11/06

 

SENATE BILL 36

 

AN ACT relative to residency under auto insurance policies.

 

SPONSORS: Sen. French, Dist 7; Sen. Hennessey, Dist 1; Sen. Ricciardi, Dist 9; Sen. Giuda, Dist 2; Sen. Sherman, Dist 24; Sen. Soucy, Dist 18; Sen. Reagan, Dist 17; Rep. Pearl, Merr. 26

 

COMMITTEE: Commerce

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill repeals the requirement that applicants for coverage under new policies of automobile insurance sign statements of residency.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

3Jun2021... 1303h 21-0563

11/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to residency under auto insurance policies.

 

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

 

147:1  Prohibition on Nonresident Automobile Insurance.  RSA 412:9 is repealed and reenacted to read as follows:

412:9  Prohibition on Nonresident Automobile Insurance.  Policies of automobile insurance, as defined in RSA 417-A, shall only be issued and renewed to residents of the state of New Hampshire, except that such policies shall also be permitted to be sold to any person if the vehicle insured is exclusively garaged in New Hampshire.  Notwithstanding any other provision of law to the contrary, no individual shall be provided coverage under a policy of automobile insurance, as defined in RSA 417-A, if such applicant or applicants have been determined by the insurer to have intentionally misrepresented their residency status or exclusive garaging status at the time of initial application or renewal.  Payment shall be made by the insurer with respect to accidents for all valid bodily injury and property damage liability claims and all valid uninsured motorist claims by individuals other than the applicant or applicants who made the intentional misrepresentation.  However, the insurer shall be legally entitled to reimbursement by the policyholder for all such paid claims.

147:2  Automobile Insurance; Cancellation; Grounds.  Amend RSA 417-A:4, IV to read as follows:

IV.  [Failure to sign the New Hampshire residency form as required by RSA 417-A:3-b.] Named insured was not a resident of the state of New Hampshire at the time the policy was issued or renewed, unless the insured vehicle at issue was exclusively garaged in New Hampshire when the policy was issued or renewed.

147:3  Repeal.  The following are repealed:

I.  RSA 412:18, relative to the exclusion of certain claims in calculation of premium rates.

II.  RSA 417-A:3-b, relative to statements of residency for automobile insurance policies.

147:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 23, 2021

Effective Date: September 21, 2021