Section Ins 1403.02 - Definitions Applicable to the Voluntary Market(a) "Automobile insurance" means primary insurance, including non-owned vehicle only policies, against bodily injury or property damage, including legal liability, arising out of the ownership, operation, maintenance, or use of motor vehicle(s). The term includes medical payments insurance, physical damage insurance, uninsured motorists insurance, and other related insurance coverage arising out of the ownership, operation, maintenance, or use of motor vehicle(s), but does not include umbrella or excess coverage.(b) "Commissioner" means the commissioner of insurance.(c) "Eligible risk" means a person who is a resident of New Hampshire when the policy is issued or renewed or the vehicle to be insured is exclusively garaged in New Hampshire when the policy is issued or renewed.(d) "Experience period" means the time period of 3 years immediately preceding the effective date of the policy.(e) "Exposure" means the rating units on which insurance premium is based. For automobile insurance, exposure unit means one car insured for one 12-month period.(f) "Insurer" means a licensed company, or group of affiliated companies, that are authorized to transact automobile insurance in the state of New Hampshire and, if a group of companies, are affiliated by ownership or contractual relationship encompassing joint operations or processes filed and approved by the commissioner.(g) "Licensed driver" means any person with an authorized driver's license or any other license or permit to drive a vehicle issued under the laws of this state, including any temporary or learner's permit.(h) "Motor vehicle" means any of the following vehicles: (2) A pick-up truck, panel truck, or similar type vehicle;(3) Motorcycle, motorbike, motorscooter, or similar 2-wheel or 3-wheel vehicle;(4) Off highway recreational vehicles which are registerable under RSA 215-A; or(5) Motorhomes, meaning a self-propelled motor vehicle with a living area that is an integral part of the vehicle chassis or a pickup with a permanently attached camper body in which the living area or camper body consists of facilities for cooking and sleeping.(i) "Person" means any natural person, spouse, family member, or any individual with express or implied consent to use a motor vehicle.(j) "Policy of automobile insurance" means a policy issued with respect to any motor vehicle registered or exclusively garaged in this state, insuring a person as named insured, or one or more related individuals resident of the same household, and under which the insured vehicles therein designated includes a private passenger automobile.(k) "Policy period" means: (1) The period of time set forth in the policy itself during which the policy is to remain in effect; or(2) Twelve months if the policy contains no fixed expiration date.(l) "Private passenger automobile" means any motor vehicle as defined in (h) above written for personal, family, or household use that is intended for non-commercial coverage.(m) "Prospective loss cost" means the expected average loss per unit of exposure.(n) "Rate" means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations. The term does not include minimum premiums.(o) "Rating plan" means a system by which insurers establish a premium or rate to be charged for insurance coverage.(p) "Renewal" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and having the types and limits of coverage at least equal to those contained in the policy being superseded.(q) "Replacement policy" means a policy that a company issues to replace a voluntary policy for the purpose of ceding the insured to the facility or moving the insured to a higher rated company or tier.(r) "Resident" means a person who is domiciled in the state of New Hampshire and who, through all of his or her actions, has demonstrated a current intent to designate this state as his or her true, fixed, and permanent residence to the exclusion of all others. Resident status shall not be lost by a temporary absence from this state, including but not limited to travel, military service, or being retired, if there is an intent to return to this state as the person's true, fixed, and permanent residence to the exclusion of all others. Resident includes a person who meets the definition of resident but is without a permanent street address due to homelessness.(s) "Supplementary rate information" means any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, and any other similar information needed to determine an applicable rate in effect or to be in effect.(t) "Supporting information" means:(1) The experience and judgment of the filer and the experience or data of other insurers or organizations relied upon by the filer;(2) The interpretation of any statistical data relied upon by the filer;(3) A description of methods used in making the rates; and(4) Other similar information relied upon by the filer.(u) "Tier" means a level or division of a company's or group's rating system that will yield a separate and distinct rate for automobile insurance.(v) "Underwriting guidelines" mean: (1) Any written mechanism developed as an aid in the selection, placement, or tiering of private passenger automobile risks; and(2) The portion of the rate classification system submitted to the commissioner pursuant to RSA 412:16.N.H. Admin. Code § Ins 1403.02
(See Revision Note #1 at chapter heading for Ins 1400) #7185, eff 12-28-99; ss by #7538, eff 8-1-01; ss by #8032, eff 7-1-04; amd by #8074, eff 7-1-04; ss by #10153, eff 7-1-12
Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12704, Effective 1/7/2019, Expires 1/7/2029.Amended by Volume XLI Number 6, Filed February 11, 2021, Proposed by # 13162, Effective 1/25/2021, Expires 1/25/2031.Amended by Number 6, Filed February 9, 2023, Proposed by #13533, Effective 1/24/2023, Expires 1/24/2033.