CHAPTER 408-F LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION OF 2019
Section 408-F:4
408-F:4 Definitions. –
In this chapter:
I. "Account" means either of the 2 accounts created under RSA 408-F:6.
II. "Association" means the New Hampshire life and health insurance guaranty association created under RSA 408-F:6.
III. "Commissioner" means the commissioner of insurance.
IV. "Contractual obligation" means any obligation under a policy or contract or certificate under a group policy or contract, or portion thereof for which coverage is provided under RSA 408-F:5.
V. "Covered contract" or "covered policy" means any policy or contract within the scope of this chapter under RSA 408-F:5.
VI. "Health benefit plan" means any hospital or medical expense policy or certificate, or health maintenance organization subscriber contract or any other similar health contract. "Health benefit plan" does not include:
(a) Accident only insurance.
(b) Credit insurance.
(c) Dental only insurance.
(d) Vision only insurance.
(e) Medicare supplement insurance.
(f) Benefits for long-term care, home health care, community-based care, or any combination thereof.
(g) Disability income insurance.
(h) Coverage for on-site medical clinics.
(i) Specified disease, hospital confinement indemnity, or limited benefit health insurance if the types of coverage do not provide coordination of benefits and are provided under separate policies or certificates.
VII. "Impaired insurer" means a member insurer which, on or after January 1, 2020, is not an insolvent insurer; and
(a) Is deemed by the commissioner to be potentially unable to fulfill its contractual obligations; or
(b) Is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.
VIII. "Insolvent insurer" means a member insurer which on or after January 1, 2020, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.
IX. "Member insurer" means any insurer or health maintenance organization licensed or which holds a certificate of authority to transact in this state any kind of insurance or health insurance organization business for which coverage is provided under RSA 408-F:5, and includes any insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include:
(a) A nonprofit hospital or medical service organization.
(b) A fraternal benefit society.
(c) A mandatory state pooling plan.
(d) A mutual assessment company or any entity that operates on an assessment basis.
(e) An insurance exchange.
(f) An organization that has a certificate or license limited to the issuance of charitable gift annuities under RSA 403-E.
(g) Any entity similar to any of the above.
X. "Moody's Corporate Bond Yield Average" means the Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto.
XI. "Person" means any individual, corporation, partnership, association, or voluntary organization.
XII. "Premiums" means amounts received on covered policies or contracts less premiums, considerations, and deposits returned on such policies or contracts and less dividends and experience credits on such policies or contracts. "Premiums" does not include any amounts received for any policies or contracts or for the portions of any policies or contracts for which coverage is not provided under RSA 408-F:5, II, except that assessable premium shall not be reduced on account of RSA 408-F:5, II(b)(3) relating to interest limitations and RSA 408-F:5, III(b) relating to limitations with respect to any one individual, any one participant and any one policy or contract holder; provided that "premiums" shall not include:
(a) Any premiums in excess of $5,000,000 on any unallocated annuity contract not issued under a governmental retirement plan established under section 401, 403(b) or 457 of the United States Internal Revenue Code; or
(b) With respect to multiple non-group policies of life insurance owned by one owner, whether the policy or contract owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees or other persons, premiums in excess of $5,000,000 with respect to these policies or contracts, regardless of the number of policies or contracts held by the owner.
XIII. "Resident" means a person to whom a contractual obligation is owed and who resides in this state at the date of entry of a court order that determines a member insurer to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer, whichever occurs first. A person may be a resident of only one state, which in the case of a person other than a natural person shall be its principal place of business. Citizens of the United States that are either: (a) residents of foreign countries or (b) residents of United States possessions, territories or protectorates that do not have an association similar to the association created by this chapter, shall be deemed residents of the state of domicile of the member insurer that issued the policies or contracts.
XIV. "Structured settlement annuity" means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant.
XV. "Supplemental contract" means any agreement entered into for the distribution of policy or contract proceeds.
XVI. "Unallocated annuity contract" means any annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate.