Property and Casualty Rate and Form Filings FAQ

New Hampshire amendatory endorsements are required. They must be filed with your forms and referenced by form number, edition date and name in the filing forms schedule. Failure to submit a completed forms schedule results in delayed review and filing disposition.

If a revision to a filing is received by NHID under:

• Use & File – more than 30 days after the requested effective date
• File & Use – less than 30 days prior to the requested effective date

The filing will be considered a new filing and the filer will have to provide a new effective date unless the change(s) requested do not materially change the filing as originally submitted.

Driver exclusions are permitted in New Hampshire, however, insurers are still required to provide minimum financial responsibility limits, even if an excluded driver is operating a covered automobile with permission. Please refer to RSA 264:18,III and RSA 259:61,III.

• When an insured elects to purchase liability insurance in an amount greater than the minimum coverage required by RSA 259:61, the insured’s uninsured motorist coverage shall automatically be equal to the liability coverage elected. (RSA 264:15,I).
• Umbrella or excess policies that provide excess limits to policies described in RSA 259:61, shall also provide uninsured motorist coverage equal to the limits of liability purchased unless the named insured rejects such coverage in writing. RSA 264:15 I "Rejection of such coverage by a named insured shall constitute a rejection of coverage by all insureds, shall apply to all vehicles then or thereafter eligible to be covered under the policy, and shall remain in effect upon policy amendment or renewal, unless the insured requests such coverage in writing."

Cancellation and non-renewal provisions comply with the appropriate cancellation and non-renewal statute:

• RSA 417-A (Private passenger auto)
• RSA 417-B (Owner-occupied 1-4 unit residential property & liability)
• RSA 417-C (Commercial policies not covered by RSA 417-A, 417-B or Workers Compensation)
• RSA 281-A:9 (Workers Compensation)

In all cases of Claims Made Policy termination:

• Applies to termination for any reason, including non-payment of premium;
• Include a 60 day Basic or Automatic Extended Reporting Period at no additional cost;
• Within not less than 30 days from termination, provide the insured the right to purchase an Optional or Supplemental Extended Reporting Period of at least twelve months;
• The Optional or Supplemental ERP must begin following the end of the Automatic ERP and may not overlap it unless the duration of the Optional or Supplemental Option purchased is 14 months or longer;
• The Optional or Supplemental ERP may be subordinated to payment of sums due for the period of coverage; and once paid, the Optional or Supplemental ERP many not be cancelled.

RSA 264:14 (Auto); RSA 407:22 (Fire); RSA 412:6-a (Casualty)

These statutes state that in the event a company, or filing or rating organization eliminates or reduces coverage, conditions or definitions in its policies issued under this section, other than at the request of the policyholder, the company must attach to the policy a printed notice in each such policy explaining clearly what coverages, conditions or definitions have been eliminated or reduced. If explanations of such reductions or eliminated coverages are not contained in the printed notice attached to the policies, then such coverages, conditions, or definitions shall remain in full force and effect without such reductions or eliminations.

Refer to RSA 412:15,III for statutory requirements for use of Credit Scoring for Homeowners and Personal Automobile underwriting and rating purposes. Also refer to Administrative Rule – Ins 3300, which provides the Rules adopted by the Commissioner to regulate the use of credit.

RSA 412:5,II – No liability policy issued or delivered in the State of New Hampshire shall contain any exclusion which would preclude coverage for intra-family or inter-spousal claims.

All filings must show the requested effective date (RSA 412:16,II). If rate filings are not received within the required time frame, the approved effective date will be established by the NHID and equal 30 calendar days before or after the received date (depending on File & Use or Use and File status). In establishing effective dates, it is the responsibility of the filer to allow for sufficient mailing and processing time.

RSA 400-A:35 Retaliatory Provisions. Effective 01/01/08 filing fees are to be sent only by EFT (electronic funds transfer).

RSA 412:6 mandates that policies insuring damage or expense resulting from bodily injury or property damage must provide that the insurer will "pay on behalf of" or "pay". For economic damages, reimbursement or indemnification is permitted.

For policies of insurance issued to Large Commercial Policyholders as defined in RSA 412:3,XI and RSA 414:7 (forms) RSA 412:16,VII(c) (rates), the filing requirements of RSA 412 shall not apply.

Lead and/or lead paint exclusions are not permitted in any Personal or General Liability – Bodily Injury coverages, including Personal and Commercial Excess and Umbrella Policies.

All motor vehicle (RSA 259:60) policies issued in New Hampshire will provide a minimum of $1,000 Medical Payments Coverage, RSA 264:16,I.

RSA 264:17 Subrogation Prohibited – The right of subrogation against any third party shall not exist or be claimed in favor of the insurer who has paid or reimbursed, to or for the benefit of the insured, medical costs under coverage provided for pursuant to RSA 264:16.

See Procedures and Instructions for Insurers and Filers

RSA 402:81 requires that return premiums in excess of $1 be paid within thirty days of the time when they become due. (Refer to statute to determine when various classes of premium become "due".)

Must be capped at +/- 40%.