TITLE XXXVII
INSURANCE

Chapter 406-C
SALES OF INSURANCE BY FINANCIAL INSTITUTIONS

Section 406-C:1

    406-C:1 Purpose. – The purpose of this chapter is to authorize and regulate the solicitation for purchase and the sale in this state of insurance by financial institutions and to maintain parity with respect to the insurance powers of state and federally chartered financial institutions.

Source. 1997, 223:3. 2000, 313:3, eff. Aug. 20, 2000.

Section 406-C:2

    406-C:2 Definitions. –
In this chapter:
I. "Commissioner" means the insurance commissioner.
II. "Customer" means a person with an investment, security, deposit, trust, or credit relationship with a financial institution.
III. "Insurance" means all products defined or regulated as insurance by the state of New Hampshire, except:
(a) Credit life, credit accident and health, credit property insurance, and credit involuntary unemployment insurance;
(b) Insurance purchased by a financial institution in connection with collateral pledged as security for a loan when the debtor breaches the contractual obligation to provide that insurance;
(c) Private mortgage insurance;
(d) Mortgage life and mortgage disability insurance; and
(e) Travel accident and baggage insurance.
IV. "Financial institution" means a bank, savings bank, savings and loan association, trust company, credit union, or any depository institution as defined by the Federal Deposit Insurance Act, as amended, 12 U.S.C. section 1813 (c)(1), which is authorized to take deposits and make loans from a place of business in the state. For the purpose of this chapter, the term financial institution shall also include any non-depository affiliate or subsidiary of a financial institution but only in the instances when the non-depository affiliate or subsidiary is soliciting the sale or purchase of insurance recommended or sponsored by, on the premises of, or in connection with a product offering of, the depository financial institution. Activities of employees and agents of a financial institution shall be deemed to be the activities of the financial institution. The term does not include an insurance company subject to regulation under title XXXVII.
V. "Nonpublic customer information" means personally identifiable financial information including any list, description, or other grouping of consumers, and publicly available information pertaining to them, that is derived using any personally identifiable financial information that is not publicly available. Nonpublic customer information also means nonpublic personal health information that identifies an individual who is the subject of the information; or with respect to which there is a reasonable basis to believe that the information could be used to identify an individual.
VI. [Repealed.]
VII. "Personally identifiable financial information" means any information a consumer provides to a licensee to obtain an insurance product or service from the licensee about a consumer resulting from a transaction involving an insurance product or service between a licensee and a consumer or the licensee otherwise obtains about a consumer in connection with providing an insurance product or service to that consumer.
VIII. "Publicly available information" means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from federal, state or local government records, widely distributed media or disclosures to the general public that are required to be made by federal, state, or local law.

Source. 1997, 223:3. 2000, 313:4, 5, 13. 2002, 207:24, 25. 2003, 144:6, eff. Jan. 1, 2004.

Section 406-C:3

    406-C:3 License for Insurance Sales. – A financial institution and the employees of a financial institution conducting insurance sales shall be required to obtain a producer's license authorizing the sale of insurance by complying with the licensing requirements of RSA 402-J.

Source. 1997, 223:3. 2000, 315:17, eff. Jan. 1, 2001.

Section 406-C:4

    406-C:4 Prohibition on Underwriting. – Neither this chapter, nor RSA 383-B:3-301(d) shall be construed to authorize any financial institution to engage in the underwriting of any insurance product or in any insurance underwriting activity requiring licensure under RSA 402 or RSA 405.

Source. 1997, 223:3. 2015, 272:32, eff. Oct. 1, 2015.

Section 406-C:5

    406-C:5 Licensure Requirement. – Solicitation for the purchase or sale of any insurance product by the financial institution shall be conducted only by persons who are licensed and have complied with all applicable state insurance licensing laws and rules, and are officers, directors, or employees of the financial institution.

Source. 1997, 223:3, eff. Aug. 17, 1997.

Section 406-C:6

    406-C:6 Authorized Carriers. – A financial institution shall offer only insurance products of approved surplus lines carriers or approved products of insurance companies authorized to do insurance business in New Hampshire.

Source. 1997, 223:3, eff. Aug. 17, 1997.

Section 406-C:7

    406-C:7 Separation of Activities. –
I. A financial institution shall, to the extent practicable, keep the area where the bank conducts transactions involving insurance products or annuities physically segregated from areas where retail deposits are routinely accepted from the general public, identify the areas where insurance product or annuity sales activities occur, and clearly delineate and distinguish those areas from the areas where the bank's retail deposit-taking activities occur.
II. Solicitation for the purchase or sale of insurance by a licensed employee who exercises authority over credit transactions shall be conducted in a manner which addresses the potential for customer confusion and coercion.
III. Signage, informational materials, and sales literature concerning the availability of insurance products through the financial institution shall be utilized and displayed in the manner required by this chapter.
IV. If the product name under which the insurance contract is marketed includes the name of a financial institution, then the marketing material must prominently identify the insurance company which issues and underwrites the insurance contract.

Source. 1997, 223:3. 2000, 313:6. 2002, 207:27. 2004, 46:1, eff. May 3, 2004.

Section 406-C:8

    406-C:8 Disclosures. –
I. To avoid customer confusion and in addition to any other requisite disclosures, all advertising, promotional material, and solicitation, including telemarketing contacts in the case of life insurance and annuities, shall include a prominent disclosure that substantively states that a purchase of insurance:
(a) Is not a deposit;
(b) Is not insured by the Federal Deposit Insurance Corporation or any other agency or instrumentality of the federal government;
(c) Is not guaranteed by the financial institution or an affiliate, unless the insurance is guaranteed by such financial institution or its affiliate in which case the nature of the guarantee and identity of the guarantor shall be disclosed; and
(d) Where appropriate, involves investment risk, including potential loss of principal.
II. At the time of sale, the financial institution shall also provide written disclosure of how to complain to the insurance department about problems in the sale or solicitation of an insurance product. Other than disclosing how to complain to the insurance department, a financial institution that does not accept insured deposits is not required to disclose items I(a) through (c) of this section.

Source. 1997, 223:3. 2000, 313:7, eff. Aug. 20, 2000.

Section 406-C:9

    406-C:9 Confidential Customer Information. – The financial institution shall not disclose any nonpublic customer information, unless such disclosure is consistent with the provisions of the federal Gramm-Leach-Bliley Act and any applicable laws, or rules adopted pursuant to RSA 400-A:15, I.

Source. 1997, 223:3. 2002, 207:26, eff. July 15, 2002.

Section 406-C:10

    406-C:10 Prohibition on Tying of Banking and Insurance Products. –
I. The financial institution shall not require or imply that the purchase of an insurance product by a customer or prospective customer is required as a condition of, or is in any way related to, the lending of money or extension of credit or the provision of services related to any such activities. A written disclosure to this effect, or such other disclosure as the department may authorize through rulemaking, shall be expressly acknowledged by the customer and shall include notice that the customer is free to select another insurance provider and that the customer's choice of another insurance provider will not affect the financial institution's credit decisions or credit terms in any way. The written disclosure shall be acknowledged at the time that a customer applying for the lending of money or an extension of credit is first informed that insurance is available through the financial institution.
II. A financial institution that solicits, sells, advertises, or offers insurance, and any person who solicits, sells, advertises, or offers insurance on behalf of a financial institution or on the premises of a financial institution shall obtain written acknowledgment of the receipt of the disclosure from the customer at the time the customer receives the disclosure. If the solicitation is conducted by telephone, the person or financial institution shall obtain an oral acknowledgment of receipt of the disclosure, maintain sufficient documentation to show that the acknowledgment was given by the customer, and make reasonable efforts to obtain a written acknowledgment from the customer. If a customer affirmatively consents to receiving the disclosures electronically and if the disclosures are provided in a format that the customer may retain or obtain later, the person or financial institution, may provide the disclosure and obtain acknowledgment of the receipt of the disclosure from the customer using electronic media.
III. The completion of a loan transaction or other transactions involving the extension of credit shall not be delayed or impeded by an officer or employee of a financial institution for the purpose of influencing a customer's selection or purchase of insurance.

Source. 1997, 223:3. 2004, 46:2, eff. May 3, 2004.

Section 406-C:11

    406-C:11 Prohibition on Discrimination Against Non-Affiliated Agents. –
I. The financial institution shall not condition the provision of any product or service to any customer upon the purchase of a policy or contract of insurance through a particular insurer, agent, or broker or reject any insurance policy required in connection with a loan or extension of credit solely because such policy has been issued or underwritten by any person who is not associated with such institution.
II. The financial institution shall not impose any discriminatory requirement on any insurance agent or broker who is not associated with the financial institution that is not imposed on any insurance agent who is associated with such institution.
III. Unless otherwise authorized by any applicable federal or state law, no financial institution shall require any debtor, insurer, broker, or agent to pay a separate charge in connection with the handling of insurance that is required under a contract.

Source. 1997, 223:3, eff. Aug. 17, 1997.

Section 406-C:12

    406-C:12 Prohibited Practices. –
I. An employee of a financial institution who is not licensed to sell insurance may refer a party to a person who is licensed to sell insurance, if the employee making such referral is compensated for such referral in an amount that does not exceed a nominal amount and such amount is not based on or related to the party's purchase of insurance.
II. The financial institution shall not offer, recommend, sponsor, or sell an insurance product which has not been properly approved for sale to New Hampshire residents.
III. An insurance product shall not be offered in a package with non-insurance products in a manner that constitutes unlawful tying activities, rebating, and unfair competition with respect to insurance sales.
IV. The payment for rental or lease of space by an unlicensed financial institution to an insurance agent or broker shall not be based directly or indirectly on the volume of premium written or insurance sold by the agent or broker.

Source. 1997, 223:3. 2000, 313:8, 9, eff. Aug. 20, 2000.

Section 406-C:13

    406-C:13 Application of State and Federal Consumer Protection Provisions. – Any financial institution which solicits or sells insurance products pursuant to RSA 383-B:3-301(d) and this chapter shall be subject to all applicable federal and state consumer protection laws, including the federal anti-tying provisions of 12 U.S.C. section 1972.

Source. 1997, 223:3. 2015, 272:33, eff. Oct. 1, 2015.

Section 406-C:14

    406-C:14 Insurance Records. – Books and records relating to the insurance transactions of a financial institution licensed to sell insurance, including all files relating to and reflecting customer complaints, shall be kept separate and apart from all records relating to other business transactions of such financial institution, and shall be made available to the insurance department for inspection upon reasonable notice.

Source. 1997, 223:3, eff. Aug. 17, 1997.

Section 406-C:15

    406-C:15 Examination Authority. – The insurance activities of financial institutions pursuant to RSA 383-B:3-301(d) and this chapter shall be subject to examination by the commissioner and the commissioner is authorized to impose reasonable and customary assessments on the financial institution for such examination.

Source. 1997, 223:3. 2015, 272:34, eff. Oct. 1, 2015.

Section 406-C:16

    406-C:16 Rulemaking Authority for Implementing Regulations. –
I. The commissioner may adopt rules to effectuate the purposes of this chapter, which are to protect the insurance buying public from potential coercion by financial institutions, to minimize the possibilities of unfair competitive practices by financial institutions that harm the public, and to maintain parity with respect to the insurance powers of state and federally chartered financial institutions.
II. The commissioner may also adopt rules which would vary the provisions of this chapter, if essential, and for the sole purpose of maintaining parity and eliminating competitive advantages enjoyed by federally chartered financial institutions, upon a determination by the commissioner that a specific federal law, regulation, or ruling creates a substantial disparity in the insurance agency powers of state and federal financial institutions in this state. Any rule adopted pursuant to this paragraph shall not diminish any consumer protection afforded under this chapter. The commissioner shall seek appropriate legislation amending any affected provisions of this chapter at the earliest legislative opportunity.
III. Rules adopted by the commissioner under this chapter shall be adopted pursuant to RSA 541-A. Notwithstanding RSA 541-A:17, I, or any other law to the contrary, any rule adopted under this chapter shall continue in force and effect until amended or repealed.

Source. 1997, 223:3, eff. Aug. 17, 1997.

Section 406-C:17

    406-C:17 Enforcement. – Any person violating the provisions of this chapter shall be subject to any and all enforcement procedures within the authority of the insurance department including, but not limited to, the issuance of a cease and desist order requiring such person to cease all insurance sales and solicitation activities.

Source. 1997, 223:3, eff. Aug. 17, 1997.

Section 406-C:18

    406-C:18 Penalties. – Any financial institution violating any of the provisions of this chapter or any rule adopted under this chapter may be subject to an administrative fine not to exceed $2,500 per violation. The commissioner may also suspend or revoke the license of any financial institution or other person or organization for any violation of this chapter or rule or for failure to comply with an order, including a cease and desist order, of the commissioner issued under this chapter.

Source. 1997, 223:3, eff. Aug. 17, 1997.

Section 406-C:19

    406-C:19 Provisions Severable. – If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid for any reason, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.

Source. 1997, 223:3, eff. Aug. 17, 1997.