New Hampshire Insurance Laws and Regulations
Domain 4: New Hampshire Insurance Laws and Regulations
This domain tests New Hampshire-specific licensing and claim-conduct rules. The key sources are RSA 402-B for claims adjusters and RSA 417 for unfair insurance trade practices, enforced by the New Hampshire Insurance Department.
Core rules
- Licensing: Under RSA 402-B, a person who investigates or adjusts claims for compensation generally must hold a New Hampshire adjuster license. Exemptions are narrow and statutory. Working without a license can expose the adjuster and insurer to regulatory action.
- Unfair claim settlement practices: RSA 417:4, XV identifies conduct such as misrepresenting policy provisions, failing to acknowledge claim communications with reasonable promptness, failing to adopt reasonable investigation standards, refusing to pay without a reasonable investigation, and failing to explain a denial.
- Comparative fault: RSA 507:7-d reduces a claimant's recovery by the claimant's percentage of fault; fault greater than 50% bars recovery.
- Market conduct: Maintain claim files that show timely contact, coverage analysis, reserve rationale, and payment calculations.
Worked example
An insurer receives a property claim, waits 45 days without acknowledgment, then denies without an inspection. Under RSA 417:4, XV, the delay and the failure to conduct a reasonable investigation can be unfair claim settlement practices, regardless of whether coverage ultimately existed. The adjuster should have acknowledged the claim, investigated, and explained the denial in writing.
Traps
Assuming a license from another state automatically authorizes New Hampshire work; treating a reservation of rights as a denial; ignoring the 50% comparative-fault bar; and failing to distinguish a coverage denial from a damages dispute.