TITLE XXXVII
INSURANCE

Chapter 406-B
UNAUTHORIZED INSURANCE

Section 406-B:1

406-B:1 Purpose. – The purpose of this chapter is to subject certain persons and insurers to the jurisdiction of the commissioner, of proceedings before the commissioner, and of the courts of this state in suits by or on behalf of the state and insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued by persons and insurers not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of asserting their legal rights under such policies in forums foreign to them under laws and rules of practice with which they are not familiar. The legislature declares that it is also concerned with the protection of residents of this state against acts by persons and insurers not authorized to do an insurance business in this state by the maintenance of fair and honest insurance markets, by protecting authorized persons and insurers, which are subject to strict regulation, from unfair competition by unauthorized persons and insurers by protecting against the evasion of the insurance regulatory laws of this state and to protect the premium tax revenues of this state. In furtherance of such state interest, the legislature herein provides methods for substituted service of process upon such persons or insurers in any proceeding, suit or action in any court and substitute service of any notice, order, pleading or process upon such persons or insurers in any proceeding before the commissioner to enforce or effect full compliance with the insurance and tax statutes of this state, and declares in so doing it exercises its power to protect residents of this state and to define what constitutes doing an insurance business in this state, and also exercises powers and privileges available to this state by virtue of P.L. 79-15 (1945), (chapter 20, 1st sess., S. 340), 59 Stat. 33, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.

Source. 1967, 237:1. 1969, 260:1, eff. June 20, 1969.

Section 406-B:2

406-B:2 Insurance Business Defined. –
Any of the following acts in this state effected by mail or otherwise by or on behalf of an unlicensed insurer is deemed to constitute the transaction or doing of an insurance business in this state. The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect. Unless otherwise indicated, the term "insurer" as used in this section includes all corporations, associations, partnerships and individuals, engaged as principals in the business of insurance and also includes interinsurance exchanges and mutual benefit societies. The word "commissioner" shall mean the insurance commissioner.
I. The making of or proposing to make, as an insurer, an insurance contract.
II. The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety.
III. The taking or receiving of any application for insurance.
IV. The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof.
V. The issuance or delivery of contracts or certificates of insurance to residents of this state or to persons authorized to do business in this state.
VI. Directly or indirectly acting as an agent for or otherwise representing or aiding on behalf of another any person or insurer in the solicitation, negotiation, procurement, or effectuation of insurance or renewals thereof, or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, a fixing of rates or investigation or adjustment of claims or losses or in the transaction of matters subsequent to effectuation of the contract and arising out of it, or in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this state. The provisions of this section shall not operate to prohibit full-time salaried employees of a corporate insured from acting in the capacity of an insurance manager or buyer in placing insurance in behalf of such employer.
VII. The doing of any kind of insurance business specifically recognized as constituting the doing of an insurance business within the meaning of the statutes relating to insurance.
VIII. The doing or proposing to do any insurance business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of the statutes.
IX. Any other transactions of business in this state by an insurer.

Source. 1967, 237:1. 1969, 260:2, 3. 1971, 170:1. 1985, 177:1, 3. 1986, 93:2, 4. 2002, 207:32, eff. July 15, 2002.

Section 406-B:3

406-B:3 Unauthorized Insurance Prohibited. – No unlicensed person or insurer shall directly or indirectly do any of the acts of an insurance business set forth in RSA 406-B:2 except as provided by and in accordance with the specific authorization of statute. In respect to the insurance of subjects resident, located or to be performed within this state this section shall not prohibit the collection of premium or other acts performed outside of this state by persons or insurers authorized to do business in this state provided such transactions and insurance contracts otherwise comply with statute.

Source. 1967, 237:1. 1971, 170:2. 2002, 207:33, eff. July 15, 2002.

Section 406-B:4

406-B:4 Service of Process on Commissioner. –
I. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute an irrevocable appointment by such person or insurer, binding upon such person or insurer, his or her executor, administrator or personal representative, or successor in interest if a corporation, of the commissioner, his or her successor or successors in office to be the true and lawful attorney of such person or insurer upon whom may be served all legal process in any action, suit or proceeding in any court arising out of doing an insurance business in this state by such person or insurer, except in an action, suit or proceeding by the commissioner or by the state. Any act of doing an insurance business as set forth in RSA 460-B:2 by any unlicensed person or insurer shall be signification of its agreement that any such legal process so served shall be of the same legal force and validity as personal service of process in this state upon such person or insurer, or upon such person's or insurer's executor, administrator or personal representative, or its successor in interest if a corporation.
II. Such service of process shall be made by leaving 2 copies thereof in the hands or office of the commissioner and paying to him for the use of the state a fee as established by RSA 400-A:29 for each person or insurer. A certificate by the commissioner showing such service and attached to the original or third copy of such process presented to him for that purpose shall be sufficient evidence thereof. Service upon the commissioner as such attorney shall be service upon the principal.
III. The commissioner shall forthwith mail one copy of such process to the defendant at its last known principal place of business and shall keep a record of all process so served upon him which shall show the day and hour of service. Such service of process is sufficient, provided notice of such service and copy of the process are sent within 10 days thereafter by registered mail by plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
IV. Service of process in any such action, suit or proceeding shall, in addition to the manner provided in paragraphs II and III, be valid if served upon any person within this state who on behalf of such unlicensed person or insurer is doing any act of an insurance business as set forth in RSA 406-B:2 and if a copy of such process is sent within 10 days thereafter by registered mail by plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed and the affidavit of the plaintiff or plaintiff's attorney showing compliance herewith are filed with clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
V. No plaintiff or complainant shall be entitled to a judgment by default in any action, suit or proceeding in which the process is served under this section until the expiration of 45 days from the date of filing of the affidavit of compliance.
VI. Nothing contained in this section shall limit or abridge the right to serve any process, notice or demand upon any person or insurer in any other manner now or hereafter permitted by law.

Source. 1967, 237:1. 1983, 473:15. 2002, 207:34, 35, eff. July 15, 2002.

Section 406-B:5

406-B:5 Service of Process on Secretary of State. –
I. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute irrevocable appointment by such person or insurer, binding upon such persons or insurer, his or her executor, administrator or personal representative, or successor in interest if a corporation, of the secretary of state, his or her successor or successors in office to be the true and lawful attorney of such person or insurer upon whom may be served all legal process in any action, suit or proceeding in any court by the commissioner or by the state and upon whom may be served any notice, order, pleading or process in any proceeding before the commissioner and which arises out of doing an insurance business in this state by such person or insurer. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer shall be signification of its agreement that any such legal process in such court action, suit or proceeding and any such notice, order, pleading or process in such administrative proceeding before the commissioner so served shall be of the same legal force and validity as personal service of process in this state upon such person or insurer, or upon his or her executor, administrator or personal representative, or its successor in interest if a corporation.
II. Such service of process in such action, suit or proceeding in any court or such notice, order, pleading or process in such administrative proceeding authorized by paragraph I shall be made by leaving 2 copies thereof in the hands or office of the secretary of state. A certificate by the secretary of state showing such service and attached to the original or third copy of such process presented to him for that purpose shall be sufficient evidence thereof. Service upon the secretary of state as such attorney shall be service upon the principal.
III. The secretary of state shall forthwith mail one copy of such court process or such notice, order, pleading or process in proceedings before the commissioner to the defendant in such court proceeding or to whom the notice, order, pleading or process in such administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. Such service is sufficient, provided notice of such service and a copy of the court process or the notice, order, pleading or process in such administrative proceeding are sent within 10 days thereafter by registered mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the commissioner in the administrative proceeding to the defendant in the court proceeding or by whom the notice, order, pleading or process in such administrative proceeding is addressed or directed at its last known principal place of business of the defendant in the court or administrative proceeding, and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney in court proceeding or of the commissioner in administrative proceeding, showing compliance herewith are filed with the clerk of the court in which such action, suit or proceeding is pending or with the commissioner in administrative proceedings, on or before the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within such further time as the court or commissioner may allow.
IV. No plaintiff or complainant shall be entitled to a judgment or determination by default in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the commissioner is served under this section until the expiration of 45 days from the date of filing of the affidavit of compliance.
V. Nothing contained in this section shall limit or abridge the right to serve any process, notice, order, pleading or demand upon any person or insurer in any other manner now or hereafter permitted by law.
VI. The attorney general upon request of the commissioner is authorized to proceed in the courts of this or any other state or in any federal court or agency to enforce an order or decision in any court proceeding or in any administrative proceeding before the commissioner.

Source. 1967, 237:1. 2002, 207:36, eff. July 15, 2002.

Section 406-B:6

406-B:6 Unauthorized Person or Insurer Defense of Action. –
I. Before any unauthorized person or insurer files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the commissioner instituted against such person or insurer, by service made as provided in RSA 406-B:4 and 5, such person or insurer shall either:
(a) Deposit with the clerk of the court in which such action, suit or proceeding is pending, or with the commissioner in administrative proceedings before the commissioner, cash or securities or bond with good and sufficient sureties to be approved by the court, or the commissioner, in any amount to be fixed by the court or the commissioner sufficient to secure the payment of any final judgment which may be rendered in such court proceeding or in such administrative proceeding before the commissioner, provided that the court or the commissioner in administrative proceedings before the commissioner may in its or his discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court or the commissioner that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such court action, suit or proceeding or in such administrative proceeding before the commissioner; or
(b) Procure proper authorization to do an insurance business in this state.
II. The court in any action, suit or proceeding in which service has been made as provided in RSA 406-B:4 or the commissioner in any administrative proceeding before the commissioner in which service is made as provided in RSA 406-B:5 may, in his or its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with paragraph I and to defend such court action or administrative proceeding.
III. Nothing in paragraph I is to be construed to prevent an unlicensed person or insurer from filing a motion to quash a writ or to set aside service thereof made as provided in RSA 406-B:4 or 5 on the ground that such unlicensed person or insurer has not done any of the acts enumerated in RSA 406-B:2 or that the person on whom service was made pursuant to RSA 406-B:4 was not doing any of the acts therein enumerated.

Source. 1967, 237:1. 2002, 207:37, eff. July 15, 2002.

Section 406-B:7

406-B:7 Attorney Fees. – In an action against an unauthorized person or insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the person or insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Failure of the person or insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.

Source. 1967, 237:1, eff. Aug. 22, 1967.

Section 406-B:8

406-B:8 Validity of Insurance Contracts. –
I. Except for lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, contracts of insurance independently procured, through negotiations occurring entirely outside of this state which are reported and on which premium tax is paid in accordance with RSA 406-B:17 and contracts of industrial insurance on which premium tax is paid pursuant to RSA 406-B:16, VI, any contract of insurance effective in this state and entered into by an unauthorized insurer is unenforceable by such insurer. In event of failure of any such unauthorized insurer to pay any claim or loss within the provisions of such insurance contract, any person who assisted or in any manner aided directly or indirectly in the development, marketing, or administration of such insurance contract shall be liable to the insured for the full amount thereof pursuant to the provisions of such insurance contract.
II. The failure of an insurer transacting insurance business in this state to obtain a certificate of authority shall not impair the validity of any act or contract of such insurer and shall not prevent such insurer from defending any action at law or suit in equity in any court of this state, but no insurer transacting insurance business in this state without a certificate of authority shall be permitted to maintain an action in any court of this state to enforce any right, claim or demand arising out of the transaction of such business until such insurer shall have obtained a certificate of authority.

Source. 1967, 237:1. 1969, 260:4. 1971, 170:3. 1991, 94:1. 2002, 207:38, eff. July 15, 2002.

Section 406-B:9

406-B:9 Investigation and Disclosure of Insurance Contracts. –
I. Whenever the commissioner has reason to believe that insurance has been effectuated by or for any person in this state with an unauthorized insurer, the commissioner shall in writing order such person to produce for examination all insurance contracts and other documents evidencing insurance with both authorized and unauthorized insurers and to disclose to the commissioner the amount of insurance, name and address of each insurer, gross amount of premium paid or to be paid and the name and address of the person or persons assisting or aiding in the solicitation, negotiation or effectuation of such insurance.
II. Every person who, for 30 days after such written order pursuant to paragraph I, neglects to comply with the requirements of such order or who willfully makes a disclosure that is untrue, deceptive, or misleading shall forfeit $50 and an additional $50 for each day of neglect after expiration of said 30 days.
III. Whenever the commissioner believes, from evidence satisfactory to him, that any insurer is violating or about to violate the provisions of this act, the commissioner may, with the assistance of the attorney general of this state, cause a complaint to be filed in the Merrimack county superior court to enjoin and restrain such insurer from continuing such violation or engaging therein or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper.

Source. 1967, 237:1. 1969, 260:5, eff. June 20, 1969.

Section 406-B:10

406-B:10 Reporting of Unauthorized Insurance. –
I. Every person investigating or adjusting any loss or claim on a subject of insurance in this state shall immediately report to the commissioner every insurance policy or contract which has been entered into by any insurer not authorized to transact such insurance in this state.
II. This section does not apply to transactions in this state involving a policy lawfully solicited, written, and delivered outside of this state covering only subjects of insurance not resident, located or expressly to be performed in this state at the time of issuance, and which transactions are subsequent to the issuance of such policy.

Source. 1967, 237:1, eff. Aug. 22, 1967.

Section 406-B:11

406-B:11 Unauthorized Insurance Premium Tax. –
I. Except as to premiums on lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, and premiums on unlicensed insurance procured by industrial insurers on which a tax has been paid pursuant to RSA 406-B:16, VI and premiums on independently procured insurance on which a tax has been paid pursuant to RSA 406-B:17, every unauthorized insurer shall pay to the commissioner before March 1 next succeeding the calendar year in which the insurance was so effectuated, continued or renewed a premium receipts tax of 4 percent of gross premiums charged for such insurance other than marine insurance and a premium receipts tax of 2 percent of gross premiums charged for such marine insurance on subjects resident, located or to be performed in this state. Such insurance on subjects resident, located or to be performed in this state procured through negotiations or an application, in whole or in part occurring or made within or from within or outside of this state, or for which premiums in whole or in part are remitted directly or indirectly from within or outside of this state, shall be deemed to be insurance procured, or continued or renewed in this state. The term "premium" includes all premiums, membership fees, assessments, dues, and any other consideration for insurance. Such tax shall be in lieu of all taxes and fire department dues. On default of any such unauthorized insurer in the payment of such tax the insured shall pay the tax. If the tax prescribed by this section is not paid within the time stated, the tax shall be increased by a penalty contingent upon the number of days that have passed since the due date. For late payments received 1-30 days after the due date, the penalty fee shall be 3 percent of the amount of tax due. For late payments received 31-60 days after the due date, the penalty fee shall be 6 percent of the amount of tax due. For late payments received more than 60 days after the due date, the penalty fee shall be 12 percent of the amount of tax due.
II. If a policy covers risks or exposures only partially in this state, the tax payable shall be computed on the portions of the premium which are properly allocable to the risks or exposures located in this state. In determining the amount of premiums taxable in this state, all premiums written, procured, or received in this state and all premiums on policies negotiated in this state shall be deemed written on property or risks located or resident in this state, except such premiums as are properly allocated or apportioned and reported as taxable premiums of any other state or states.

Source. 1967, 237:1. 1971, 170:4. 2002, 207:39, eff. July 15, 2002. 2019, 179:5, eff. Jan. 1, 2020.

Section 406-B:11-a

406-B:11-a Unauthorized Insurance Premium Tax; Insurance Transactions on Multi-State Risks. – For lawfully procured insurance premiums in unlicensed insurance companies reporting multi-state risks, the provisions of RSA 405-B shall apply.

Source. 2011, 191:2, eff. Aug. 13, 2011.

Section 406-B:12

406-B:12 Penalty for Unauthorized Insurance. – Any unlicensed insurer who does any unauthorized act of an insurance business as set forth in RSA 406-B:2 shall be fined in accordance with RSA 400-A:15, III.

Source. 2002, 207:40, eff. July 15, 2002. 2020, 37:49, eff. Sept. 27, 2020.

Section 406-B:13

406-B:13 Reciprocal Judgment. –
I.
Definition. In this section:
(a) "Reciprocal state" means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States, against any insurer incorporated or authorized to do business in said state or territory.
(b) "Foreign decree" means any decree or order in equity of a court located in a "reciprocal state", including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state.
(c) "Qualified party" means a state regulatory agency acting in its capacity to enforce the insurance laws of its state.
II.
List of Reciprocal States. The insurance commissioner of this state shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of such states.
III.
Filing and Status of Foreign Decrees. A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any superior court of this state. The clerk, upon verifying with the insurance commissioner that the decree or order qualifies as a "foreign decree" shall treat the foreign decree in the same manner as a decree of a superior court of this state. A foreign decree so filed has the same effect and shall be deemed as a decree of a superior court of this state, and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a decree of a superior court of this state and may be enforced or satisfied in like manner.
IV.
Notice of Filing.
(a) At the time of the filing of the foreign decree, the attorney general shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the defendant.
(b) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the insurance commissioner of this state and shall make a note of the mailing in the docket. In addition, the attorney general may mail a notice of the filing of the foreign decree to the defendant and to the insurance commissioner of this state and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the attorney general has been filed.
(c) No execution or other process for enforcement of a foreign decree filed hereunder shall issue until 30 days after the date the decree is filed.
V.
Stay.
(a) If the defendant shows the superior court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.
(b) If the defendant shows the superior court any ground upon which enforcement of a decree of any superior court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state.
VI.
Fees. Any person filing a foreign decree shall pay to the clerk of court $10. Fees for docketing, transcription or other enforcement proceedings shall be as provided for decrees of the superior court.

Source. 2002, 207:40, eff. July 15, 2002.

Section 406-B:14

406-B:14 Short Title. – This chapter may be cited as the "Uniform Unlicensed Insurers Act."

Source. 2002, 207:40, eff. July 15, 2002.

Section 406-B:15

406-B:15 Separability. – If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision and to this end the provisions of this chapter are declared to be severable.

Source. 2002, 207:40, eff. July 15, 2002.

Section 406-B:16

406-B:16 Lawfully Procured Insurance in Unlicensed Companies; Exceptions to Unauthorized Provisions. –
The unauthorized provisions of this chapter do not apply to:
I. The lawful transaction of surplus lines insurance.
II. The lawful transaction of reinsurance by insurers.
III. Transactions in this state involving a policy lawfully solicited, written, and delivered outside of this state covering only subjects of insurance not resident, located, or expressly to be performed in this state at the time of issuance, and which transactions are subsequent to the issuance of such policy.
IV. Transactions involving contracts of insurance independently procured through negotiations occurring entirely outside of this state which are reported and on which premium tax is paid in accordance with RSA 406-B:17.
V. Attorneys acting in the ordinary relation of attorney and client in the adjustment of claims or losses.
VI. (a) Any insurance company or underwriter issuing contracts of insurance to industrial insureds, nor to any contract of insurance issued to any one or more industrial insureds. Every industrial insured under a contract procured from an unlicensed insurer shall pay to the commissioner of insurance before March 1 next succeeding the calendar year in which the insurance was so effectuated, continued, or renewed a premium receipts tax of 3 percent of the gross premiums charged for such insurance. For the purposes of this section, an "industrial insured" is:
(1) An insured who procures the insurance of any risk or risks other than life and annuity contracts and health insurance contracts by use of the services of a full time employee acting as an insurance manager or buyer or the services of a regularly and continuously retained qualified insurance consultant; and
(2) An insured whose aggregate annual premiums for insurance on all risks total at least $15,000; and
(3) An insured having at least 25 full time employees.
(b) Any insured failing to file the report or failing to remit the proper tax within the time period for filing shall pay a penalty contingent upon the number of days that have passed since the due date. For late payments received 1-30 days after the due date, the penalty fee shall be 3 percent of the amount of tax due. For late payments received 31-60 days after the due date, the penalty fee shall be 6 percent of the amount of tax due. For late payments received more than 60 days after the due date, the penalty fee shall be 12 percent of the amount of tax due.
(c) For the purposes of this section, each insured filing under this section shall be subject to the provisions of RSA 400-A:32-a.
VII. Transactions in this state involving any policy of insurance or annuity contract issued prior to the effective date of this section.
VIII. Transactions in this state relative to a policy issued or to be issued outside this state involving insurance on vessels, craft or hulls, cargos, marine builder's risk, marine protection and indemnity or other risk, including strikes and war risks commonly insured under ocean or wet marine forms of policy.
IX. This chapter shall not apply to any life insurance or annuity company organized and operated, without profit to any private shareholder or individual, exclusively for the purpose of aiding educational or scientific institutions organized and operated without profit to any private shareholder or individual, by issuing insurance and annuity contracts direct from the home office of the company and without agents or representatives in this state, only to or for the benefit of such institutions and individuals engaged in the service of such institutions; nor shall this chapter apply to any insurance or annuity contracts issued by any such life insurance or annuity company.
X. The provisions of this chapter, other than the provisions of RSA 406-B:2, 4, and 5, do not apply to ocean marine insurance.

Source. 2002, 207:40. 2005, 248:16. 2008, 154:3, eff. June 6, 2008. 2019, 179:6, eff. Jan. 1, 2020.

Section 406-B:16-a

406-B:16-a Lawfully Procured Insurance in Unlicensed Companies; Insurance Transactions on Multi-State Risks. – For premiums on unlicensed insurance procured by industrial insurers with tax liability for multi-state risks, the provisions of RSA 405-B shall apply.

Source. 2011, 191:3, eff. Aug. 13, 2011.

Section 406-B:17

406-B:17 Independently Procured Insurance. –
I. Every insured who procures or causes to be procured or continues or renews insurance with any unlicensed insurer, or any insured or self-insurer who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, other than insurance procured through a surplus lines agent pursuant to the surplus lines law of this state shall within 60 days after the date such insurance was so procured, continued, or renewed, file a report of the same with the commissioner in writing and upon forms designated by the commissioner and furnished to such an insured upon request. The report shall show the name and address of the insured or insureds, name and address of the insurer, the subject of the insurance, a general description of the coverage, the amount of premium correctly charged therefor, and such additional pertinent information as is reasonably requested by the commissioner.
II. Any insurance in an unlicensed insurer of a subject of insurance resident, located or to be performed within this state procured through negotiations or an application, in whole or in part occurring or made within or from within or outside of this state, shall be deemed to be insurance procured, or continued or renewed in this state within the intent of paragraph I.
III. There is hereby levied upon the obligation, chose in action, or right represented by the premium charged for such insurance, a premium receipts tax of 4 percent of gross premiums charged for such insurance other than marine insurance and a premium receipts tax of 2 percent of gross premiums charged for such marine insurance. The term "premium" shall include all premiums, membership fees, assessments, dues, and any other consideration for insurance. Such tax shall be in lieu of all taxes and fire department dues. The insured shall, before March 1 next succeeding the calendar year in which the insurance was so procured, continued, or renewed, pay the amount of the tax to the commissioner. In the event of cancellation and rewriting of any such insurance contract, the additional premium for premium receipts tax purposes shall be the premium in excess of the unearned premium of the canceled insurance contract.
IV. If a policy covers risks or exposures only partially in this state, the tax payable shall be computed on the portions of the premium which are properly allocable to the risks or exposures located in this state. In determining the amount of premiums taxable in this state, all premiums written, procured, or received in this state and all premiums on policies negotiated in this state shall be deemed written on property or risks located or resident in this state, except such premiums as are properly allocated or apportioned and reported as taxable premiums of any other state or states.
V. If the insured fails to withhold from the premiums the amount of tax herein levied, the insured shall be liable for the amount thereof and shall pay the same to the commissioner within the time stated in paragraph III. If the tax prescribed by this section is not paid within the time stated in paragraph III, the tax shall be increased by a penalty contingent upon the number of days that have passed since the due date. For late payments received 1-30 days after the due date, the penalty fee shall be 3 percent of the amount of tax due. For late payments received 31-60 days after the due date, the penalty fee shall be 6 percent of the amount of tax due. For late payments received more than 60 days after the due date, the penalty fee shall be 12 percent of the amount of tax due.
VI. The attorney general, upon request of the commissioner, shall proceed in the courts of this or any other state or in any federal court or agency to recover such tax not paid within the time prescribed in this section.
VII. This section shall not be construed or deemed to abrogate or modify any provision of this chapter. This section does not apply to individual life or individual disability insurance.
VIII. Each insured filing under this section shall be subject to the provisions of RSA 400-A:32-a, I-III.

Source. 2002, 207:40. 2008, 154:4, eff. June 6, 2008. 2019, 179:7, eff. Jan. 1, 2020.

Section 406-B:17-a

406-B:17-a Independently Procured Insurance; Insurance Transactions on Multi-State Risks. – For premiums on unlicensed insurance independently procured with tax liability for multi-state risks, the provisions of RSA 405-B shall apply.

Source. 2011, 191:4, eff. Aug. 13, 2011.