SB 199 - AS INTRODUCED
2023 SESSION
23-0958
05/10
SENATE BILL 199
AN ACT relative to the standard of care for insurance agents.
SPONSORS: Sen. Gannon, Dist 23; Rep. Infantine, Hills. 16
COMMITTEE: Commerce
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ANALYSIS
This bill provides that in a civil cause of action brought against an insurance producer concerning the sale, placement, procurement, renewal, binding, or cancellation of property and casualty insurance, the insurance producer will not be barred from asserting any defenses available at common or statutory law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0958
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the standard of care for insurance agents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Insurance Companies and Agents; Standard of Care for Insurance Agents. Amend RSA 402 by inserting after section 84 the following new section:
402:85 Standard of Care for Insurance Agents.
I. In a cause of action brought by any person or entity against an insurance producer concerning the sale, placement, procurement, renewal, binding or cancellation of, or the failure to procure, a policy of property and casualty insurance, the insurance producer shall not be barred from asserting any defenses available at common or statutory law.
II. The provisions of this section shall not impair or invalidate any of the terms or conditions of a contractual agreement between an insurance producer and an insurer.
III. In this section, “insurance producer” shall have the same meaning as defined in RSA 402-J:2.
IV. The provisions of this section shall not limit or prohibit the commissioner of the insurance department from finding, imposing, or enforcing a duty upon an insurance producer where that duty is imposed pursuant to:
(a) Title XXXVII of the New Hampshire Revised Statues Annotated;
(b) Any rule or regulation of the insurance department;
(c) Any order of the commissioner; or
(d) Any applicable federal law.
2 Effective Date. This act shall take effect January 1, 2024.
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2023 | Senate | Hearing |
Jan. 3, 2024: Refer to Interim Study, MA, VV; 01/03/2024; SJ 1
Dec. 18, 2023: Committee Report: Referred to Interim Study, 01/03/2024, Vote 3-1; SC 49
Dec. 13, 2023: Committee Report: Referred to Interim Study, Vote 3-1
Feb. 9, 2023: Rereferred to Committee, MA, VV; 02/09/2023; SJ 6
Feb. 1, 2023: Committee Report: Rereferred to Committee, 02/09/2023; Vote 5-0; CC; SC 9
Jan. 25, 2023: Hearing: 01/31/2023, Room 100, SH, 09:30 am; SC 8
Jan. 24, 2023: Introduced 01/19/2023 and Referred to Commerce; SJ 5