402-D:16 Record Retention. –
I. A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include, at a minimum, the following:
(a) Name of the insured.
(b) Date, location, and amount of the loss.
(c) Copy of the contract between the public adjuster and the insured.
(d) Name of the insurer, and the amount, expiration date and number of each policy carried with respect to the loss.
(e) An itemized statement of the insured's recoveries.
(f) An itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss.
(g) A register of all moneys received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fee transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts.
(h) Name of the public adjuster who executed the contract.
(i) Name of the attorney representing the insured, if applicable, and the name of the claims representative of the insurance company.
(j) Evidence that the requirements of RSA 402-D:11 have been satisfied.
II. Records shall be maintained for at least 5 years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times.
III. Records submitted to the commissioner in accordance with this section that contain personal identifying information, shall be treated as confidential by the commissioner and shall not be subject to RSA 91-A. However, in order to assist in the performance of the commissioner's duties, the commissioner may share documents, materials, or other information, including the confidential documents, materials, or other information with other state, federal and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC) and its affiliates and subsidiaries, and with state, federal and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality of the information provided. Such parties shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this paragraph, unless the prior written consent of the person to which it pertains has been obtained.