Section Ins 1403.04 - Movement or Placement of a Policy in the Voluntary Market(a) A new business applicant shall not be placed into a program or tier solely because of any of the factors cited in RSA 417-A:3 and RSA 417:4, VIII(e).(b) No insurer shall move a policy to a different tier within one company, or from one company to another within a group, which results in a different rate for the insured unless it does so in accordance with its underwriting guidelines filed with the commissioner in accordance with the provisions of RSA 412.(c) A member of affiliated companies may refuse to write, cancel, or refuse to renew a policy consistent with RSA 417-A and with its filed underwriting guidelines so long as the member provides the applicant or insured with the ability to immediately obtain a policy from another member of the affiliated companies. If the member cancels or refuses to renew, the replacement offer and terms shall be delivered or mailed together with the notice of cancellation or nonrenewal.(d) The movement of a policy from one company to another within an insurance group or the movement of a policy to a different tier within one company shall be permitted within the first 60 days of the initial policy period if the movement is consistent and in compliance with the company's filed underwriting guidelines. Otherwise such movement shall only occur on the renewal date of the policy and shall require a 45-day written notice of such action to the policyholder. The replacement offer and terms shall be delivered or mailed together with the notice of cancellation or nonrenewal.(e) The following shall not be used or considered in any rating plan or set of underwriting criteria: (1) The following occurrences or instances: a. Where the automobile was lawfully parked. An automobile rolling from a parked position shall be considered unlawfully parked under the operation of the last operator;b. Where the applicant, other operator residing in the same household, or owner was reimbursed by, or on behalf of, a person responsible for the accident or has a judgment against such person;c. Where the automobile of an applicant or other operator residing in the same household was struck in its rear by another vehicle, and the applicant or other resident operator has not been convicted of a moving traffic violation connected therewith;d. Where the operator of the other automobile involved in such accident was convicted of a moving traffic violation, and the applicant or other resident in the same household was not convicted of a moving traffic violation in connection therewith;e. Where the automobile operated by the applicant or other operator residing in the same household is damaged as a result of contact with a "hit and run" driver, and the applicant or other operator so reports the accident to the proper authority within 24 hours;f. Accidents involving damage by contact with animals;g. Accidents involving physical damage limited to and caused by flying gravel, missiles, or falling objects;h. Accidents occurring as a result of the operation of an automobile in response to an emergency if the operator, at the time of the accident, was responding to a call to duty as a paid or volunteer member of any police or fire department, first aid squad, or of any law enforcement agency but not an accident occurring after the emergency situation ceases or after the private passenger automobile ceases to be used in response to such emergency; ori. Accidents occurring as a result of the operation of a vehicle by a municipal public works or highway department employee while on official duty but not an accident occurring once the municipal public works or highway department employee is no longer on official duty;(2) Lack of prior insurance in the following instances:a. Applicants who were previously listed on a family member's policy;b. Applicants who are newly licensed operators;c. Applicants who have had, within the past 30 days, use of an insured company vehicle; ord. Applicants who are returning military personnel; or(3) A requirement of continuous employment.N.H. Admin. Code § Ins 1403.04
(See Revision Note #1 at chapter heading for Ins 1400)
Derived from 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.