New Hampshire Insurance Laws and Regulations
Domain overview
New Hampshire insurance laws and regulations test the statutes and department rules that govern public adjusters. Focus on RSA 402-B, licensing, the Insurance Commissioner’s authority, contract and fee requirements, and unfair trade practice exposure.
Core rules
- RSA 402-B governs insurance claims adjusters, including public adjusters. A person may not act as a public adjuster for compensation without a New Hampshire license.
- Licensing requires an application, the required fee, passage of the examination, and compliance with the Commissioner’s qualifications, including a surety bond. A license from another state does not authorize New Hampshire activity.
- The Insurance Commissioner administers licensing, investigates complaints, and may suspend, revoke, or fine licensees. Public adjusters are subject to RSA 417 unfair insurance trade practice provisions.
- Contracts must be written and include the fee and the insured’s cancellation rights. New Hampshire limits public adjuster compensation to 10% of the claim settlement; charging more is a violation.
- Prohibited conduct includes unlicensed adjusting, misrepresentation, soliciting during prohibited emergency periods, representing the insurer and insured on the same claim, and failing to maintain required records.
- Keep current on rule changes and department bulletins; the exam tests the statute and regulations as written, not general industry custom.
Worked example
A person licensed in a neighboring state comes to New Hampshire after a storm and negotiates a $50,000 settlement for a homeowner, charging a $7,500 fee. The person has no New Hampshire public adjuster license. This is unlicensed adjusting: the contract is not enforceable as a public adjuster contract, the fee is subject to disgorgement, and the Commissioner may impose penalties. Even a New Hampshire licensee could not charge $7,500 if the statutory 10% cap yields $5,000.
Traps
Do not assume reciprocity or that a company adjuster license equals a public adjuster license. Do not use a fee percentage from another state. Do not ignore the cancellation notice or recordkeeping. Do not treat the Commissioner’s authority as limited to insurers; licensees can be disciplined.