TITLE XXXVII
INSURANCE

Chapter 402-B
INSURANCE CLAIMS ADJUSTERS

Section 402-B:1

    402-B:1 Prohibition. – It is unlawful for any person, whether as agent or employee, to act directly or indirectly, as an insurance claims adjuster in this state for any insurance company unless licensed as provided in this chapter.

Source. 1969, 218:1, eff. Aug. 5, 1969.

Section 402-B:2

    402-B:2 Definitions; Exemption. –
I. "Home state" means the District of Columbia and any state or territory of the United States in which an insurance claims adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance claims adjuster. If such state does not issue an insurance claims adjuster license for the line of business sought, the insurance claims adjuster may designate as his or her "home state" any state in which the insurance claims adjuster qualifies pursuant to the provisions of RSA 402-B.
II. In this chapter, "insurance claims adjuster" means a person who investigates, negotiates, or settles property, casualty, or workers' compensation claims whether employed by or contracted by or with an insurer, a claims adjusting company, or a third party administrator.
III. The provisions of this chapter shall not apply to the following:
(a) Attorneys duly admitted to practice in this state pursuant to the provisions of RSA 311 when acting in their professional capacity as an attorney.
(b) A person employed solely to obtain facts surrounding a claim for a licensed insurance claims adjuster or to furnish technical assistance to a licensed insurance claims adjuster.
(c) An individual who is employed to investigate suspected insurance fraud and who does not adjust losses or determine claims payments.
(d) A person who, for purposes of portable electronics insurance claims, collects and enters claims information from, or furnishes claims information to, insureds or claimants, utilizing an automated claims adjudication system; provided, that no more than 25 such persons are under the supervision of a licensed insurance claims adjuster or a licensed insurance producer. A licensed insurance producer adjusting claims or acting as a supervisor pursuant to this subparagraph shall not also be required to be a licensed insurance claims adjuster. In this subparagraph:
(1) "Automated claims adjudication system" means a preprogrammed computer system that is utilized only by licensed insurance claims adjusters, licensed insurance producers, or supervised individuals operating pursuant to this subparagraph, designed for the collection, data entry, calculation, and final resolution and settlement of claims with respect to portable electronics insurance in compliance with the claims settlement requirements of the insurance laws of this state.
(2) "Licensed insurance claims adjuster" means a person licensed as an insurance claims adjuster under this chapter.
(3) "Licensed insurance producer" means a person licensed to sell, solicit, or negotiate portable electronics insurance under RSA 402-J.
(4) "Portable electronics insurance" shall have the same meaning as such term under RSA 402-K:1, VI.
(e) A person who solely performs executive, administrative, managerial, or clerical duties, or any combination thereof, and who does not investigate, negotiate, or settle claims with policyholders, claimants, or their legal representatives. Completion of a first notice of loss form is a clerical duty.

Source. 1969, 218:1. 2008, 212:1. 2013, 230:1. 2015, 93:1, eff. Aug. 4, 2015. 2018, 132:1, 2, eff. July 29, 2018.

Section 402-B:3

    402-B:3 Applications. – Applications for licenses as an insurance claims adjuster shall be made in writing to the commissioner of insurance on forms prescribed by him or her stating the age, domicile, line or lines of insurance for which the applicant desires a license, and the place of business of the individual applicant. The commissioner shall require the applicant to set forth personal and professional background information in the application as the commissioner may reasonably require to determine suitability for issuance of a license.

Source. 1969, 218:1. 2008, 18:9, eff. July 11, 2008.

Section 402-B:4

    402-B:4 Examination. – Except as hereinafter provided, the commissioner of insurance shall not issue an original claims adjuster's license to any applicant therefor unless and until said applicant shall have satisfactorily passed a reasonable written examination, which shall be administered by the commissioner, shall be in such form as said commissioner shall prescribe and shall be of sufficient scope to test the applicant's knowledge of insurance, the duties and responsibilities of a licensee, and the laws of the state applicable to insurance. The commissioner is authorized to publish and distribute printed material indicating the scope of the examination and suggested sources of study. The commissioner shall collect a fee as established by RSA 400-A:29.

Source. 1969, 218:1. 1983, 473:9, eff. Sept. 3, 1983. 2019, 112:1, eff. Jan. 1, 2020.

Section 402-B:5

    402-B:5 Exceptions. –
The commissioner shall waive the requirement of such examination in the following cases:
I. Nonresident applicants who are licensed as insurance claims adjusters in the states in which they reside, or if no license is required in said states, then nonresident applicants who have engaged in the business of claims adjusting for a period of 6 months;
II. Attorneys-at-law.
III. [Repealed.]

Source. 1969, 218:1, eff. Aug. 5, 1969. 2019, 112:2, eff. Jan. 1, 2020.

Section 402-B:5-a

    402-B:5-a Continuing Education. – Every 2 years, at least 60 days prior to the renewal date of their license, persons holding an adjusters license shall be certified by the insurance department as having completed 24 hours of continuing education instruction. Of the 24 continuing education hours required, at least 3 hours shall consist of courses approved for adjuster ethics credit. Licensees with workers' compensation authority shall comply with the approved 10 credit hours of workers' compensation and 10 credit hours of multi-line requirement pursuant to RSA 281-A:63. Those licensees without workers' compensation authority may satisfy their 24 credit hour requirement exclusively with multi-line approved credits or any combination of approved workers' compensation or multi-line courses. Such continuing education instruction shall be approved by the insurance department. If a nonresident licensee has complied with the continuing education requirements of his or her state of residence or designated home state, he or she will not be required to comply with the requirements of this state.

Source. 1993, 317:1. 1997, 324:4. 2001, 224:2. 2010, 212:5, eff. Jan. 1, 2011. 2019, 112:3, eff. Jan. 1, 2020.

Section 402-B:6

    402-B:6 Rules and Regulations. – The commissioner may make reasonable rules and regulations necessary to effect the purposes of this chapter.

Source. 1969, 218:1, eff. Aug. 5, 1969.

Section 402-B:7

    402-B:7 License to Issue. –
I. Upon satisfaction that such applicant is in all respects properly qualified and of good character, and that the granting of such license is not against the public interest, the commissioner shall, upon the payment of the required fee, issue said applicant an insurance claims adjuster's license.
II. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within 30 days of the change. Change of address shall be accompanied by the fee required pursuant to RSA 400-A:29.
III. A nonresident insurance adjuster license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and the nonresident's insurance adjuster license remains in good standing in his or her home state. Termination of the insurance adjuster's resident license shall be deemed termination of the New Hampshire nonresident insurance adjuster license unless the adjuster timely files a change of address pursuant to this chapter.
IV. An adjuster shall report to the commissioner any administrative action taken against the adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
V. Within 30 days of the initial pretrial hearing date, an adjuster shall report to the commissioner any criminal prosecution of the adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

Source. 1969, 218:1, eff. Aug. 5, 1969. 2019, 112:4, eff. Jan. 1, 2020.

Section 402-B:8

    402-B:8 Fees. –
The commissioner of insurance shall collect the following fees for use by the commissioner in administrating this title:
I. For each original insurance claims adjuster's license, as prescribed by RSA 400-A:29.
II. For each renewal, as prescribed by RSA 400-A:29.
III. An individual insurance adjuster who allows his or her license to lapse may, within 24 months from the due date of the renewal fee, reinstate the same license without the necessity of passing a written examination. However, a penalty in the amount of double the unpaid renewal fee shall be required for any renewal fee received after the due date, pursuant to RSA 400-A:29.

Source. 1969, 218:1. 1970, 37:5. 1971, 244:18. 2001, 224:11, eff. Sept. 9, 2001. 2019, 112:5, eff. Jan. 1, 2020.

Section 402-B:9

    402-B:9 Form of License, Display. – The insurance claims adjuster's license shall be in such form and contain such identifying information concerning the licensee as the commissioner of insurance shall prescribe. The licensee shall exhibit said license to each person, whether an insured, a claimant, a witness, a potential witness or any other informant with whom he may deal in the course of investigating or adjusting any claim or potential claim prior to any such dealings and shall identify the name of the company for which he works and the name of the insured.

Source. 1969, 218:1, eff. Aug. 5, 1969.

Section 402-B:10

    402-B:10 Repealed by 1971, 244:19, VII, eff. Aug. 17, 1971. –

Section 402-B:10-a

    402-B:10-a Expiration. – An insurance adjuster license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and educational requirements for resident individual adjusters are met by the due date.

Source. 1977, 232:3, eff. Aug. 14, 1977. 2019, 112:6, eff. Jan. 1, 2020.

Section 402-B:11

    402-B:11 Expedited License. – In the event of an emergency or disaster, the commissioner of insurance may, in his or her discretion, issue licenses to persons the commissioner determines are qualified. The fee for the expedited license shall be the same as that provided in RSA 402-B:8.

Source. 1969, 218:1, eff. Aug. 5, 1969. 2019, 112:7, eff. Jan. 1, 2020.

Section 402-B:12

    402-B:12 Suspension, Revocation or Fine. – The commissioner may for good cause shown, after notice and hearing, suspend or revoke the insurance claims adjuster's license of any holder or subject him to an administrative fine not to exceed $2,500. Such hearing may be held by the commissioner or any person designated by him. Any person aggrieved by said action of the commissioner or refused a license or renewal of the same by him may appeal in accordance with the provisions of RSA 541.

Source. 1969, 218:1. 1975, 312:1, eff. Aug. 6, 1975.

Section 402-B:13

    402-B:13 Penalty. –
Any person who shall act within this state as an insurance claims adjuster without being licensed as herein provided, or any licensee who in the course of his work as an insurance claims adjuster shall misrepresent his identity or the identity of his principal or employer, or who shall wrongfully divulge information coming to him in his capacity as an insurance claims adjuster, shall:
I. Be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and
II. Be subject to suspension or revocation of his license and a fine not to exceed $2,500 for each violation.

Source. 1969, 218:1. 1973, 529:101. 1975, 312:2. 1991, 136:1, eff. Jan. 1, 1992.