Section Ins 1002.16 - Willing and Able Contractors and Repairers; Other Than Motor Vehicle(a) Every settlement offer that is based upon an appraisal conducted on behalf of the insurer relative to property and liability insurance shall: (1) Include a written statement that, if the claimant or insured cannot find a contractor or repairer to do the repair or replace the damage property for the price quoted, then the insured or claimant may request that the insurer supply the insured or claimant with the name and address of any known recognized, competent and conveniently located contractor or repairer who is willing and able to repair or replace the damaged property with other property of like kind and quality within a reasonable time for the price quoted in the appraisal or as otherwise provided for in the insurance policy;(2) If the insurer provides the insured or claimant with the name of a contractor or repairer as set forth in (a)(1) above, the insurer shall also provide a written disclosure that any contractor or repairer may be used at the discretion of the insured or claimant; and(3) If the insurer is unable to provide the name of a contractor or repairer upon request, then any fair and reasonable cost incurred to repair or replace the damage as set forth in the appraisal, in excess of the insurer's appraisal price, shall be at the expense of the insurer. If the insurer has provided the insured or claimant with the name of a contractor or repairer who is willing and able to repair or replace the damaged property with other property of like kind and quality within a reasonable time for the price quoted in the appraisal and the insured or claimant uses another contactor or repairer, then any cost in excess of the insurer's appraisal prices shall not be at the expense of the insurer.(b) The insured or claimant shall be entitled to the usual and customary guarantees as to materials and workmanship relative to the property that is being repaired or replaced.(c) In processing any claim for damage to a home, dwelling, or other property, the insurer shall not require as a condition to the payment of such claims that repairs be made by a particular contractor or repairer.(d) Any settlement made based upon an agreement negotiated by an adjuster on behalf of the insurer with a contractor or repairer shall include a provision for coverage of hidden damage that is determined to be connected with the claim in question.(e) For all claims, insurers and their adjusters, whether hired under contract or employed, shall not make any coercive, threatening, or intimidating statements at any time, orally or in writing, to an insured or claimant for the purpose of influencing the insured's or claimant's choice of a particular contractor or repairer.(f) In addition to the above requirements, every settlement made or offered by the insurer to repair or replace damaged jewelry, watches, precious, or semi-precious stones, under applicable property insurance, shall comply with the provisions of Ins 1002.18.N.H. Admin. Code § Ins 1002.16
#8900, eff 7-1-07; amd by #9495, eff 6-29-09
Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10962, Effective 10/26/2015, Expires 10/26/2025.