N.H. Admin. Code § Ins 401.12

Current through Register No. 50, December 12, 2024

Section Ins 401.12 - Applications

The following standards shall apply to all application forms used in connection with the offer and acceptance of insurance, whether or not attached to the contract:

(a) The declarative portion of the application, if any, shall imply a representation of facts to the best of the applicant's knowledge. "I represent," or "To the best of my knowledge and belief," shall be examples of such wording. Wording implying a warranty shall be prohibited. "I Certify" shall be such an example;

(b) There shall be no provisions for automatic rejection;

(c) Medical questions of a technical nature beyond the capability of the average applicant, such as a detailed gastrointestinal questionnaire, shall be prohibited;

(d) No provision shall be permitted in an application that changes the terms of the policy to which it is attached;

(e) Questions as to race or ethnicity shall be prohibited;

(f) All applications shall contain a question inquiring whether the policy sought is intended to replace an existing policy;

(g) The requirement in (f) above shall not apply to applications for:

(1) Group insurance;

(2) Group annuity policies;

(3) Individual accident only policies; or

(4) Policies solicited by direct-response means.

(h) No application or any detachable part thereof that contains an advertisement that is directed toward effecting a policy sale without opportunity for additional explanation of the coverage advertised shall:

(1) Offer any reduced initial premium without stating all subsequent premium changes applicable to the insured;

(2) State or imply falsely that prospective policyholders become group or quasi-group members and as such enjoy special rates or underwriting privileges; or

(3) State or imply falsely that a particular policy or combination of policies is an:

a. Introductory;

b. Initial;

c. Special; or

d. Limited enrollment offer and that the applicant will receive advantages by accepting the offer; and

(i) To the extent that any provision within (h) above conflicts with Ins 2600, Ins 2600 shall apply.

N.H. Admin. Code § Ins 401.12

#8726, eff 9-18-06; ss by #9334, eff 12-5-08

Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12126, Effective 3/8/2017, Expires 3/8/2027.