TITLE XXXVII
INSURANCE

CHAPTER 407-B
GROUP MARKETING OF MOTOR VEHICLE INSURANCE

Section 407-B:2

    407-B:2 Definitions. –
The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meanings:
I. Group Motor Vehicle Insurance Defined. All motor vehicle insurance which is offered by a licensed insurer in this state on a group merchandising plan to an eligible group as herein defined shall be deemed group motor vehicle insurance.
II. Group Merchandising Defined. The marketing of group motor vehicle insurance by a licensed insurer otherwise engaged in insuring independent individual risks, to an eligible group on a guaranteed basis under a single insurance program, without individual underwriting selection or individual proof of insurability, shall be deemed group merchandising. This method of marketing insurance is generally referred to as "mass merchandising," "franchise merchandising," or "collective merchandising"; but for purposes of this section shall hereinafter be only referred to as "group merchandising" or the "group plan" as herein defined.
III. Eligible Group Defined. Any group to be eligible for group merchandising shall have been in existence for more than 5 years prior to the purchase of such insurance, and shall not have been organized solely for the purpose of purchasing insurance. Such group shall have a high degree of homogeneity and may include members of unincorporated and corporated associations, labor unions, employees of a common employer and similar principal agent relationships. No group will be eligible unless it consists of 500 or more members with at least 75 percent participation in the group plan. Where the group has national or other affiliates, only the members located in the state of New Hampshire shall be considered in determining the number and percentage of individuals necessary for establishing group eligibility.
IV. Eligible Members Defined. Eligible members shall include all members in good standing in the group provided employees shall be engaged in at least 24 hours employment per week, except as otherwise provided in RSA 407-B:4. Officers and directors of an eligible group and individual proprietors and partners shall be eligible for a group plan and as such may be considered as employees.

Source. 1969, 288:1, eff. Aug. 25, 1969.