In the case of the failure of a carrier to establish or follow its claims and appeals procedures, a claimant shall be deemed by the department to have exhausted the administrative remedies available under the plan and shall be entitled to pursue any available legal remedies on the basis that the carrier has failed to provide a reasonable claims procedure that would yield a decision on the merits of the claim.
N.H. Admin. Code § Ins 3901.04
#8020, eff 3-1-04; ss by #10122, eff 5-1-12